S T A T E O F N E W Y O R K
________________________________________________________________________
7333
I N S E N A T E
May 2, 2012
___________
Introduced by Sen. SEWARD -- read twice and ordered printed, and when
printed to be committed to the Committee on Insurance
AN ACT to amend the insurance law, in relation to requiring the super-
intendent of financial services to fairly calculate compliance with
minimum loss ratios in the Healthy New York insurance program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The insurance law is amended by adding a new section 3231-a
to read as follows:
S 3231-A. HEALTHY NEW YORK POLICY BLENDED RATE. (A) CONSISTENT WITH
SECTIONS FOUR THOUSAND THREE HUNDRED TWENTY-SIX AND FOUR THOUSAND THREE
HUNDRED TWENTY-SEVEN OF THIS CHAPTER AND DEPARTMENT REGULATIONS, THE
SUPERINTENDENT SHALL APPROVE A SINGLE, BLENDED PREMIUM RATE FOR HEALTHY
NEW YORK POLICIES THAT IS APPLICABLE TO BOTH SMALL GROUP AND INDIVIDUAL
PURCHASERS. IN ADDITION TO PROVIDING SUCH INFORMATION AS MAY BE REQUIRED
TO ALLOW THE DEPARTMENT TO APPROVE A BLENDED RATE, THE SUPERINTENDENT
SHALL REQUIRE INSURERS OFFERING HEALTHY NEW YORK POLICIES TO ALSO SUBMIT
SUCH INFORMATION AS MAY BE REQUIRED TO DETERMINE SEPARATE PREMIUM RATES
FOR EACH OF THE SMALL GROUP AND INDIVIDUAL RISK POOLS THAT ARE INSURED
UNDER THE BLENDED RATE.
(B)(1) IN THE EVENT THAT THE SEPARATE RATES DIFFER FROM THE BLENDED
RATE, THE DEPARTMENT SHALL IDENTIFY THE PREMIUM RATE THAT IS LOWER THAN
THE BLENDED RATE, WHICH SHALL BE KNOWN AS THE SUPPORTING RATE. THE
PREMIUM RATE THAT IS GREATER THAN THE BLENDED RATE SHALL BE KNOWN AS THE
NON-SUPPORTING RATE.
(2) THE DEPARTMENT SHALL SUBTRACT THE SUPPORTING RATE FROM THE BLENDED
RATE TO DETERMINE THE DIFFERENCE, WHICH SHALL BE KNOWN AS THE PREMIUM
SUPPORT FACTOR.
(3) THE DEPARTMENT SHALL MULTIPLY THE PREMIUM SUPPORT FACTOR BY THE
TOTAL NUMBER OF CONTRACTS IN THE SUPPORTING RATE RISK POOL, THE PRODUCT
OF WHICH SHALL BE DEEMED AN ASSESSMENT FOR REPORTING PURPOSES UNDER US
45 CFR 158.162(B)(1) AND SHALL BE DEEMED AN ASSESSMENT FOR MEDICAL LOSS
RATIO CALCULATIONS UNDER US 45 CFR 158.221(C).
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15690-02-2
S. 7333 2
(C) THE DEPARTMENT SHALL ALSO MULTIPLY THE PREMIUM SUPPORT FACTOR BY
THE TOTAL NUMBER OF CONTRACTS IN THE NON-SUPPORTING RATE RISK POOL, THE
PRODUCT OF WHICH SHALL BE DEEMED EARNED PREMIUM, REFLECTED AS AN ADJUST-
MENT TO THE NON-SUPPORTING RATE'S EARNED PREMIUM AMOUNT, AS DEFINED IN
US 45 CFR 158.130(B)(3) AND REPORTED AS PART OF MEDICAL LOSS RATIO
CALCULATIONS UNDER US 45 CFR 158.221(C).
(D) APPLICATION OF THIS SECTION AND CLASSIFICATION OF ANY PART OF
PREMIUM RATES AS AN ASSESSMENT OR EARNED PREMIUMS ARE FOR PURPOSES OF
MEDICAL LOSS RATIO CALCULATIONS ONLY.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.