1569-S2 AMH BAIL KNUT 059

2SHB 1569 - H AMD 115

By Representative Bailey

FAILED 3/10/2007

   On page 18, line 24, strike all of section 302 and insert the following:

   "NEW SECTION. Sec. 302.

   (1) An insurer offering any health benefit plan to a small employer, either directly or through an association or member-governed group formed specifically for the purpose of purchasing health care, may offer and actively market to the small employer no more than one health benefit plan featuring a limited schedule of covered health care services.

    (a) The plan offered under this subsection may be offered with a choice of cost-sharing arrangements, and may, but is not required to, comply with: RCW 48.21.130 through 48.21.240, 48.21.244 through 48.21.280, 48.21.300 through 48.21.320, 48.43.045(1) except as required in (b) of this subsection, 48.43.093, 48.43.115 through 48.43.185, 48.43.515(5), or 48.42.100.

   (b) In offering the plan under this subsection, the insurer must offer the small employer the option of permitting every category of health care provider to provide health services or care for conditions covered by the plan pursuant to RCW 48.43.045(1).

   (2) An insurer offering the plan under subsection (1) of this section must also offer and actively market to the small employer at least one additional health benefit plan.

   (3) Nothing in this section shall prohibit an insurer from offering, or a purchaser from seeking, health benefit plans with benefits in excess of the health benefit plan offered under subsection (1) of this section. All forms, policies, and contracts shall be submitted for approval to the commissioner, and the rates of any plan offered under this section shall be reasonable in relation to the benefits thereto.

   (4) Premium rates for health benefit plans for small employers as defined in this section shall be subject to the following provisions:

   (a) The insurer shall develop its rates based on an adjusted community rate and may only vary the adjusted community rate for:

   (i) Geographic area;

   (ii) Family size;

   (iii) Age; and

   (iv) Wellness activities.

   (b) The adjustment for age in (a)(iii) of this subsection may not use age brackets smaller than five-year increments, which shall begin with age twenty and end with age sixty-five. Employees under the age of twenty shall be treated as those age twenty.

   (c) The insurer shall be permitted to develop separate rates for individuals age sixty-five or older for coverage for which medicare is the primary payer and coverage for which medicare is not the primary payer. Both rates shall be subject to the requirements of this subsection (4).

   (d) The permitted rates for any age group shall be no more than four hundred twenty-five percent of the lowest rate for all age groups on January 1, 1996, four hundred percent on January 1, 1997, and three hundred seventy-five percent on January 1, 2000, and thereafter.

   (e) A discount for wellness activities shall be permitted to reflect actuarially justified differences in utilization or cost attributed to such programs.

   (f) The rate charged for a health benefit plan offered under this section may not be adjusted more frequently than annually except that the premium may be changed to reflect:

   (i) Changes to the enrollment of the small employer;

   (ii) Changes to the family composition of the employee;

   (iii) Changes to the health benefit plan requested by the small employer; or

   (iv) Changes in government requirements affecting the health benefit plan.

   (g) Rating factors shall produce premiums for identical groups that differ only by the amounts attributable to plan design, with the exception of discounts for health improvement programs.

   (h) For the purposes of this section, 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 restrictions of benefits to network providers result in substantial differences in claims costs. A carrier may develop its rates based on claims costs for a plan. This subsection does not restrict or enhance the portability of benefits as provided in RCW 48.43.015.

   (i) Except for small group health benefit plans that qualify as insurance coverage combined with a health savings account as defined by the United States internal revenue service, adjusted community rates established under this section shall pool the medical experience of all small groups purchasing coverage. However, annual rate adjustments for each small group health benefit plan may vary by up to plus or minus eight percentage points from the overall adjustment of a carrier's entire small group pool A variation that is not denied within thirty days shall be deemed approved. The commissioner must provide to the carrier a detailed actuarial justification for any denial at the time of the denial.

   (5) Nothing in this section shall restrict the right of employees to collectively bargain for insurance providing benefits in excess of those provided herein.

   (6)(a) Except as provided in this subsection, requirements used by an insurer in determining whether to provide coverage to a small employer shall be applied uniformly among all small employers applying for coverage or receiving coverage from the carrier.

   (b) An insurer shall not require a minimum participation level greater than:

   (i) One hundred percent of eligible employees working for groups with three or less employees; and

   (ii) Seventy-five percent of eligible employees working for groups with more than three employees.

   (c) In applying minimum participation requirements with respect to a small employer, a small employer shall not consider employees or dependents who have similar existing coverage in determining whether the applicable percentage of participation is met.

   (d) An insurer may not increase any requirement for minimum employee participation or modify any requirement for minimum employer contribution applicable to a small employer at any time after the small employer has been accepted for coverage.

   (7) An insurer must offer coverage to all eligible employees of a small employer and their dependents. An insurer may not offer coverage to only certain individuals or dependents in a small employer group or to only part of the group. An insurer may not modify a health plan with respect to a small employer or any eligible employee or dependent, through riders, endorsements or otherwise, to restrict or exclude coverage or benefits for specific diseases, medical conditions, or services otherwise covered by the plan.

   (8) As used in this section, "health benefit plan," "small employer," "adjusted community rate," and "wellness activities" mean the same as defined in RCW 48.43.005."

EFFECT: Health carriers are authorized to offer a health benefit plan with a limited schedule of covered health care services. Annual rate adjustments for each small group health benefit plan may vary by eight percentage points from the overall adjustment of a carrier's entire small group pool, instead of four percentage points. Health savings accounts will not be included in the adjusted community rates that pool the medical experience of all small groups purchasing coverage.