State of Illinois
91st General Assembly
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Public Act 91-0510

HB2271 Enrolled                                LRB9104872JSpc

    AN ACT to create  the  Small  Employer  Health  Insurance
Rating Act.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 1.  Short title.  This Act may be  cited  as  the
Small Employer Health Insurance Rating Act.

    Section 5.  Purpose.  The legislature recognizes that all
too  often,  small  employers are forced to increase employee
co-pays and deductibles or  drop  health  insurance  coverage
altogether  because  of unexpected rate increases as a result
of one major medical problem.  It is the intent of  this  Act
to  improve  the  efficiency  and fairness of the small group
health insurance marketplace.

    Section 10.  Definitions.  For purposes of this Act:
    "Actuarial certification" means a written statement by  a
member   of  the  American  Academy  of  Actuaries  or  other
individual acceptable to the Director that a  small  employer
carrier is in compliance with the provisions of Section 25 of
this  Act,  based upon an examination which includes a review
of the appropriate records and of the  actuarial  assumptions
and  methods  utilized  by  the  small  employer  carrier  in
establishing  premium rates for the applicable health benefit
plans.
    "Base premium rate" means for each class of  business  as
to  a rating period, the lowest premium rate charged or which
could be charged under a rating  system  for  that  class  of
business  by  the  small  employer carrier to small employers
with similar case characteristics for  health  benefit  plans
with the same or similar coverage.
    "Carrier"   means   any   entity  which  provides  health
insurance in this State.   For  the  purposes  of  this  Act,
carrier  includes  a  licensed  insurance  company, a prepaid
hospital  or  medical  service  plan,  a  health  maintenance
organization,  or any other entity providing a plan of health
insurance or  health  benefits  subject  to  state  insurance
regulation.
    "Case  characteristics"  means demographic, geographic or
other objective characteristics of a small employer, that are
considered  by   the   small   employer   carrier,   in   the
determination of premium rates for the small employer.  Claim
experience, health status, and duration of coverage shall not
be  characteristics  for  the  purposes of the Small Employer
Health Insurance Rating Act.
    "Class of business" means all or a separate  grouping  of
small employers established pursuant to Section 20.
    "Director" means the Director of Insurance.
    "Department" means the Department of Insurance.
    "Health  benefit  plan" or "plan" shall mean any hospital
or  medical  expense-incurred  policy,  hospital  or  medical
service plan contract,  or  health  maintenance  organization
subscriber  contract.   Health benefit plan shall not include
individual, accident-only, credit, dental,  vision,  medicare
supplement,  hospital  indemnity,  long  term  care, specific
disease, stop loss or disability income  insurance,  coverage
issued  as  a  supplement  to  liability  insurance, workers'
compensation or  similar  insurance,  or  automobile  medical
payment insurance.
    "Index  rate"  means,  for each class of business as to a
rating  period  for  small  employers   with   similar   case
characteristics,  the  arithmetic mean of the applicable base
premium rate and the corresponding highest premium rate.
    "Late enrollee" has the meaning given that  term  in  the
Illinois Health Insurance Portability and Accountability Act.
    "New  business  premium  rate"  means,  for each class of
business as to a  rating  period,  the  lowest  premium  rate
charged  or  offered  or  which  could  have  been charged or
offered by the small employer carrier to small employers with
similar case characteristics for newly issued health  benefit
plans with the same or similar coverage.
    "Objective    characteristics"    means   measurable   or
observable   phenomena.    An   example   of   a   measurable
characteristic would be the number of employees who were late
enrollees.  Examples of observable characteristics  would  be
geographic   location  of  the  employer  or  gender  of  the
employee.
    "Premium" means all monies paid by a small  employer  and
eligible  employees as a condition of receiving coverage from
a  small  employer  carrier,  including  any  fees  or  other
contributions associated with the health benefit plan.
    "Rating period"  means  the  calendar  period  for  which
premium  rates  established  by  a small employer carrier are
assumed to be in effect.
    "Small employer" has the meaning given that term  in  the
Illinois Health Insurance Portability and Accountability Act.
    "Small  employer  carrier"  means  a  carrier that offers
health benefit plans covering employees of one or more  small
employers in this State.

    Section 15.  Applicability and Scope.
    (a)  This Act shall apply to each health benefit plan for
a small employer that  is  delivered,  issued  for  delivery,
renewed  or  continued in this State after July 1, 2000.  For
purposes of this Section, the date a plan is continued  shall
be  the  first  rating  period  which commences after July 1,
2000.
    The Act shall apply to any such health benefit plan which
provides coverage to employees of a  small  employer,  except
that  the  Act shall not apply to individual health insurance
policies.

    Section 20.  Establishment of Class of Business.
    (a)  A small employer carrier may  establish  a  separate
class  of business only to reflect substantial differences in
expected claims experience or administrative costs related to
the following reasons:
         (1)  the small employer carrier uses more  than  one
    type  of  system  for  the  marketing  and sale of health
    benefit plans to small employers;
         (2)  the small employer carrier has acquired a class
    of business from another small employer carrier; or
         (3)  the small employer carrier provides coverage to
    one or more association groups.
    (b)  A small employer  carrier  may  establish  up  to  4
separate classes of business under subsection (a).
    (c)  The   Director  may  approve  the  establishment  of
additional  classes  of  business  upon  application  to  the
Director and a finding by the Director that such action would
enhance the efficiency and fairness  of  the  small  employer
marketplace.

    Section 25.  Premium Rates.
    (a)  Premium  rates  for  health benefit plans subject to
this Act shall be subject to all of the following provisions:
         (1)  The index rate for  a  rating  period  for  any
    class of business shall not exceed the index rate for any
    other class of business by more than 20%.
         (2)  For  a  class  of  business,  the premium rates
    charged during a rating period to  small  employers  with
    similar  case  characteristics  for  the  same or similar
    coverage, or the rates that  could  be  charged  to  such
    employers  under  the  rating  system  for  that class of
    business, shall not vary from the index rate by more than
    25% of the index rate.
         (3)  The percentage increase  in  the  premium  rate
    charged to a small employer for a new rating period shall
    not exceed the sum of the following:
              (A)  the  percentage change in the new business
         premium rate measured from  the  first  day  of  the
         prior  rating  period  to  the  first day of the new
         rating period.  In the case of a health benefit plan
         into which the small employer carrier is  no  longer
         enrolling  new  small  employers, the small employer
         carrier shall use the percentage change in the  base
         premium rate;
              (B)  an  adjustment, not to exceed 15% annually
         and adjusted pro rata for  rating  periods  of  less
         than  one  year,  due  to  claim  experience, health
         status, or duration of coverage of the employees  or
         dependents  of the small employer as determined from
         the small employer carrier's  rate  manual  for  the
         class of business; and
              (C)  any  adjustment  due to change in coverage
         or change in the case characteristics of  the  small
         employer  as  determined  from  the  small  employer
         carrier's rate manual for the class of business.
         (4)  Adjustments  in  rates  for a new rating period
    due to claim experience, health status  and  duration  of
    coverage  shall not be charged to individual employees or
    dependents.   Any  such  adjustment  shall   be   applied
    uniformly  to  the  rates  charged  for all employees and
    dependents of the small employer.
         (5)  In the case of health benefit  plans  delivered
    or  issued  for  delivery  prior to the effective date of
    this Act, a premium rate for a rating period  may  exceed
    the  ranges  set forth in items (1) and (2) of subsection
    (a) for a period of 3 years following the effective  date
    of  this  Act.   In such case, the percentage increase in
    the premium rate charged to a small employer  for  a  new
    rating period shall not exceed the sum of the following:
              (A)  the  percentage change in the new business
         premium rate measured from  the  first  day  of  the
         prior  rating  period  to  the  first day of the new
         rating period; in the case of a  class  of  business
         into  which  the small employer carrier is no longer
         enrolling new small  employes,  the  small  employer
         carrier  shall use the percentage change in the base
         premium rate, provided that  such  change  does  not
         exceed, on a percentage basis, the change in the new
         business  premium rate for the most similar class of
         business into which the small  employer  carrier  is
         actively enrolling new small employers; and
              (B)  any  adjustment  due to change in coverage
         or change in the case characteristics of  the  small
         employer  as  determined  from  the  carrier's  rate
         manual for the class of business.
         (6)  Small  employer  carriers  shall  apply  rating
    factors,  including  case  characteristics,  consistently
    with  respect  to  all  small  employers  in  a  class of
    business. A small employer carrier shall treat all health
    benefit plans issued or  renewed  in  the  same  calendar
    month as having the same rating period.
         (7)  For  the  purposes of this subsection, a health
    benefit plan that contains a restricted network provision
    shall not be considered  similar  coverage  to  a  health
    benefit  plan  that  does  not  contain such a provision,
    provided that the  restriction  of  benefits  to  network
    providers  results  in  substantial  differences in claim
    costs.
    (b)  A small employer carrier shall not transfer a  small
employer involuntarily into or out of a class of business.  A
small  employer  carrier  shall not offer to transfer a small
employer into or out of a class of business unless such offer
is made to transfer all  small  employers  in  the  class  of
business   without  regard  to  case  characteristics,  claim
experience, health  status  or  duration  of  coverage  since
issue.

    Section 30.  Rating and underwriting records.
    (a)  A  small  employer  carrier  shall  maintain  at its
principal  place  of  business  a   complete   and   detailed
description  of its rating practices and renewal underwriting
practices,  including  information  and  documentation   that
demonstrates  that its rating methods and practices are based
upon commonly  accepted  actuarial  assumptions  and  are  in
accordance with sound actuarial principles.
    (b)  A   small  employer  carrier  shall  file  with  the
Director  annually  on  or  before  May  15,   an   actuarial
certification  certifying  that  the carrier is in compliance
with this Act, and that  the  rating  methods  of  the  small
employer  carrier  are actuarially sound.  Such certification
shall be in  a  form  and  manner,  and  shall  contain  such
information,  as  specified  by  the Director.  A copy of the
certification shall be retained by the small employer carrier
at its principal place of business  for  a  period  of  three
years from the date of certification.  This shall include any
work   papers   prepared   in   support   of   the  actuarial
certification.
    (c)  A small employer carrier shall make the  information
and  documentation  described  in subsection (a) available to
the Director upon request.  Except in cases of violations  of
this Act, the information shall be considered proprietary and
trade   secret  information  and  shall  not  be  subject  to
disclosure  by  the  Director  to  persons  outside  of   the
Department  except as agreed to by the small employer carrier
or as ordered by a court of competent jurisdiction.

    Section  35.  Suspension  of   Rate   Requirements.   The
Director  may suspend all or any part of Section 25 as to the
premium rates applicable to one or more small  employers  for
one  or  more  rating  periods  upon  a  filing  by the small
employer carrier and a finding by the  Director  that  either
the  suspension  is  reasonable  in  light  of  the financial
viability of the carrier or the suspension would enhance  the
efficiency   and   fairness  of  the  small  employer  health
insurance marketplace.

    Section   40.  Director's   Regulatory   Authority.   The
Director may adopt and promulgate rules  and  regulations  to
carry out the provisions of this Act.

    Section  99.   Effective  date.   This  Act  takes effect
January 1, 2000.

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