OFFICE OF INSURANCE AND SAFETY FIRE COMMISSIONER



Similar documents
BULLETIN ALL HEALTH INSURANCE ISSUERS AND HEALTH MAINTENANCE ORGANIZATIONS JAMES J. DONELON, COMMISSIONER OF INSURANCE

How To Get A Health Insurance Policy Renewed

OFFICE OF INSURANCE AND SAFETY FIRE COMMISSIONER

From: Center for Consumer Information and Insurance Oversight (CCIIO), Centers for Medicare & Medicaid Services (CMS)

Subject: Frequently Asked Questions on Health Insurance Market Reforms and Marketplace Standards

DISCLOSURE STATEMENTS

This notice requests public comments on the implementation of provisions of the

FAQS ABOUT AFFORDABLE CARE ACT IMPLEMENTATION (PART XVIII) AND MENTAL HEALTH PARITY IMPLEMENTATION January 9, 2014

A Shopper s Guide to CANCER INSURANCE

Public Roundtable on. PR , Medicare Supplement Insurance. Minimum Standards Approval Resolution of 2009".

Maryland Misallocated Millions to Establishment Grants for a Health Insurance Marketplace (A )

IC Chapter 15. Small Employer Group Health Insurance

DEPARTMENT OF HEALTH & HUMAN SERVICES

NC General Statutes - Chapter 58 Article 54 1

Puerto Rico Rate Filing Instruction Manual. Version 3.0

This notice advises taxpayers that the Treasury Department and the Internal

DEPARTMENT OF HEALTH & HUMAN SERVICES. Centers for Medicare & Medicaid Services. 200 Independence Avenue SW Washington, DC 20201

1. How common is the use of stop loss in connection with self-insured arrangements?

NC General Statutes - Chapter 58 Article 68 1

State of Rhode Island and Providence Plantations OFFICE OF THE HEALTH INSURANCE COMMISSIONER 1511 Pontiac Avenue, Building 69-1 Cranston, RI 02920

CHAPTER 20:06:13 MEDICARE SUPPLEMENT INSURANCE. 20:06:13:02.01 Requirements for definition of "accident" and similar words in policies.

IIPRC-DI-I-H11-OC. 3. Rules Repealed, Amended or Suspended by the Rule: None.

Rulemaking Hearing Rules of The Tennessee Department of Commerce and Insurance Insurance Division. Chapter Long Term Care Insurance

AGENCY: Employee Benefits Security Administration, Department of Labor.

Overview: Final Rule for Health Insurance Market Reforms

January 30, RE: Essential Health Benefits Bulletin. Dear Secretary Sebelius:

Final. Report on the. Medical Loss Ratio Examination. Unity Health Plans Insurance Corporation (Sauk City, Wisconsin) for the MLR Reporting Year

Gary Cohen, Deputy Administrator and Director, Center for Consumer Information & Insurance Oversight

Proposed New Rules: N.J.A.C. 11: and 34.30, and 11:4-34 Appendices J and K. Steven M. Goldman, Commissioner, Department of Banking and

April 3, Submitted Electronically Via Federal Rulemaking Portal:

The Transitional Reinsurance Program Operational Guidance: Counting Method Examples for Contributing Entities

Patient Protection and Affordable Care Act of 2009: Immediate Health Insurance Market Reforms

Cynthia G. Tudor, Ph.D., Director, Medicare Drug Benefit and C & D Data Group Cheri Rice, Director, Medicare Plan Payment Group

July 23, The Honorable Orrin G. Hatch Ranking Member Committee on Finance United States Senate

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 1170

LIFE, ACCIDENT AND HEALTH INSURERS

REQUEST FOR QUOTES (RFQ) FOR PLUMBING SERVICES. RFQ Release Date: August 3, Quote Due Date: August 21, 2015 at 5:00 p.m.

Macalester College Business Accident Insurance Plans

April 12, CMS-9981-P Comments on Proposed Rules Relating to Student Health Insurance Coverage Under the Affordable Care Act

How To Reform Health Insurance In The United States

Health Insurance Reform in Montana A presentation to the 2011 Montana Legislature

DEC 1 7 2G02 TO: FROM: SUBJECT: Neil Donovan Director, Audit Liaison Staff Centers for Medicare & Medicaid Services

PROPOSED AMENDMENTS TO HOUSE BILL 2240

Health Insurance Exchange: State Choices for Health Plan Management

2014 Group Benefits Employer Markets Legislative Notice

2013 Commercial health insurance: Overview of financial results

SUBCHAPTER T. MINIMUM STANDARDS FOR MEDICARE SUPPLEMENT POLICIES 28 TAC

Q7, Q 11, and MEC. What is Medical Insurance For?

Indiana Department of Insurance Filing Company Checklist INDIVIDUAL MEDICARE SUPPLEMENT Review Standards (Checklist must be submitted with filing.

AGREEMENT BETWEEN WEB-BROKERS AND THE CENTERS FOR MEDICARE & MEDICAID SERVICES ( CMS )

PRIVATE HEALTH INSURANCE. Early Effects of Medical Loss Ratio Requirements and Rebates on Insurers and Enrollees

Fixed payment insurance products

HEALTH INSURANCE. Types of Health Plans and How They Operate. Reimbursement and Fixed Allowance Insurance Plans (Department of Insurance Jurisdiction)

NORTHEAST KANSAS COMMUNITY ACTION PROGRAM, INC. PROPERTY, LIABILITY, UMBRELLA, VEHICLE, COMMERCIAL, WORKER S COMPENSATION, D&O/EPLI INSURANCE PLANS

DEPARTMENT OF HEALTH AND HUMAN SERVICES. Patient Protection and Affordable Care Act; Establishment of Exchanges and

This guidance is subject to revision if applicable state or federal laws change.

PROGRAM MEMORANDUM INSURANCE COMMISSIONERS INSURANCE ISSUERS

GUIDANCE ON 90-DAY WAITING PERIOD LIMITATION UNDER PUBLIC HEALTH SERVICE ACT 2708 NOTICE I. INTRODUCTION

IIPRC-DI-I-H11-RATECH

From: Center for Consumer Information and Insurance Oversight, Centers for Medicare & Medicaid Services

Gary Cohen, CMS Deputy Administrator and Director Center for Consumer Information and Insurance Oversight (CCIIO)

Table of Contents. State/Territory Name: Florida. State Plan Amendment (SPA)#: This file contains the following documents in the order listed:

North Carolina Statutes Health Insurance Portability and Accountability PART A. GROUP MARKET REFORMS

August 11, Attention: RIN 1210-AB41. Dear Ms. Turner and Ms. Baum:

Proposed Amendments: N.J.A.C. 11: and Authorized By: Holly C. Bakke, Commissioner, Department of

July 29, 2002

The Internal Revenue Service (IRS) is considering the application of the. provisions of the Internal Revenue Code (Code) governing tax-exempt bonds to

Agent and Broker Participation in the Federally-facilitated Marketplace (FFM): An Overview for States

STATE OF COLORADO DEPARTMENT OF LAW

Health Insurance in Georgia

14RFP00721B-WL, Small Business Market Availability Study

Medicaid and Long-Term Care Supplemental Application for Medicaid and Insurance Affordability Programs

United States Government Accountability Office March 2011 GAO

B November 2, The Honorable Orrin G. Hatch Chairman The Honorable Ron Wyden Ranking Member Committee on Finance United States Senate

The West Lafayette Engineering Department is requesting quotes for sidewalk repairs needed in the Barbarry Subdivision.

The Commonwealth of Massachusetts

FEDERAL ELECTION COMMISSION Washington, DC June 10, 1999

Health Insurance Providers Fee; Procedural and Administrative Guidance. This notice provides guidance for fee year 2016 on how the definition of

October 27, Dear Madame Secretary:

FEDERAL RESERVE SYSTEM. 12 CFR Part 202. [Regulation B; Docket No. R-1008] Equal Credit Opportunity

NC General Statutes - Chapter 58 Article 55 1

North Carolina Department of Insurance

Minimum Essential Coverage and Other Rules Regarding the Shared Responsibility Payment for Individuals

SUMMARY: This document contains final Income Tax Regulations. relating to consumer protection with respect to qualified longterm

What s News in Tax Analysis That Matters from Washington National Tax

62nd Legislature AN ACT ALLOWING SPECIAL RISK CLASSIFICATIONS FOR PRIVATE PASSENGER AND COMMERCIAL

DEPARTMENT OF HEALTH AND HUMAN SERVICES OFFICE OF AUDIT SERVICES 233 NORTH MICHIGAN AVENUE CHICAGO, ILLINOIS April 23,2002

Public Act No

INDIVIDUAL (NON-GROUP) POLICIES

Authorized By: Holly C. Bakke, Commissioner, Department of Banking and Insurance

JUl ' Review ofmedicaid Claims Made by Freestanding Residential Treatment Facilities in New York State (A )

North Carolina Department of Insurance Wayne Goodwin, Commissioner

Medicare Supplement Policy - A General Overview

Health Insurance Issuers in Alabama, Missouri, Oklahoma, Texas, and Wyoming

2012 Commercial health insurance: Overview of financial results

SMALL BUSINESS HEALTH INSURANCE EXCHANGES. Low Initial Enrollment Likely due to Multiple, Evolving Factors

Review Requirements Checklist GROUP MEDICARE SUPPLEMENT INSURANCE (For Standardized Contracts with Effective Dates on or after June 1, 2010)

BEFORE THE COMMISSIONER OF INSURANCE OF THE STATE OF KANSAS. ) GUARANTEE TRUST LIFE INSURANCE COMPANY ) Docket No MC NAIC # ) ) ORDER

N.J.A.C. 11:22-3, Appendix Exhibits 1A and 1B. Holly C. Bakke, Commissioner, Department of Banking and Insurance

Transcription:

OFFICE OF INSURANCE AND SAFETY FIRE COMMISSIONER RALPH T. HUDGENS COMMISSIONER OF INSURANCE SAFETY FIRE COMMISSIONER INDUSTRIAL LOAN COMMISSIONER SEVENTH FLOOR, WEST TOWER FLOYD BUILDING 2 MARTIN LUTHER KING, JR. DRIVE ATLANTA, GA 30334 (404) 656-2056 www.oci.ga.gov DIRECTIVE 15-EX-2 TO: FROM: SUBJECT: All Insurers Licensed to Write Hospital Indemnity or other Fixed Indemnity Insurance Policies in the Individual Market Ralph T. Hudgens Commissioner of Insurance Requirements Applicable to Hospital Indemnity or Other Fixed Indemnity Policies Sold in the Individual Health Market DATE: January 29, 2015 I. BACKGROUND, SCOPE AND PURPOSE This Directive applies to all insurers writing hospital indemnity policies or other fixed indemnity policies in the individual market in Georgia. It is intended to provide guidance regarding the Department's implementation and enforcement of the recently released rules and guidance from the federal government regarding hospital indemnity or other fixed indemnity polices. The guidance originates from the Centers for Medicare and Medicaid Services' (CMS) final rule entitled Patient Protection and Affordable Care Act; Exchange and Insurance Market Standards for 2015 and Beyond (79 CFR 30240) issued on May 27, 2014 and other subsequent guidance issued by CMS. The federal rule and this Directive apply only to hospital indemnity or other fixed indemnity insurance policies sold in the individual market. They do not apply to any other type or category of insurance that is listed separately as excepted benefits in the federal Public Health Service Act (e.g., disability income, specified disease insurance, accident insurance, etc.), regardless of whether benefits under such coverage are paid as a fixed dollar amount.

II. SUMMARY OF FEDERAL REQUIREMENTS FOR HOSPITAL INDEMNITY OR OTHER FIXED INDEMNITY POLICIES SOLD IN THE INDIVIDUAL MARKET In the federal rule and subsequent guidance, the federal government established the following conditions for a hospital indemnity or other fixed indemnity insurance policy sold in the individual market: 1. The benefits are provided only to individuals who attest, in their hospital indemnity or other fixed indemnity insurance application, that they have other health coverage that is considered minimum essential coverage within the meaning of 26 U.S.C. 5000A(f); 2. There is no coordination between the provision of benefits and an exclusion of benefits under any other health coverage; 3. The benefits are paid in a fixed dollar amount per period hospitalization or illness and/or per service regardless of the amount of expenses incurred and without regard to the amount of benefits provided with respect to the event or service under any other health coverage; and 4. A notice is displayed prominently in the application materials in at least 14-point type that has the following language: THIS IS A SUPPLEMENT TO HEALTH INSURANCE AND IS NOT A SUBSITUTE FOR MAJOR MEDICAL COVERAGE. LACK OF MAJOR MEDICAL COVERAGE (OR OTHER MINIMUM ESSENTIAL COVERAGE) MAY RESULT IN AN ADDITIONAL PAYMENT WITH YOUR TAXES. III. REQUIREMENTS FOR NEW SALES EFFECTIVE ON OR AFTER JANUARY 1, 2015 AND SAFE HARBOR EXTENSION TO MAY 1, 2015 For policies issued with an effective date beginning on or after January 1, 2015, the insurer must include in the initial insurance application a written attestation that the purchaser has minimum essential coverage as defined by the aforementioned rules and subsequent guidance issued by the federal government. This is a one-time attestation. The insurer shall not be required to confirm continuous major medical coverage by the purchaser. The Department recommends that the following attestation clause be placed above the signature line: I hereby attest that I have major medical health insurance or Medicare that meets the requirements of minimum essential coverage as defined by the federal Affordable Care Act. Additionally, federal guidance requires that the following notice must be displayed prominently in the application materials in at least 14 point type: THIS IS A SUPPLEMENT TO HEALTH INSURANCE AND IS NOT A SUBSTITUTE FOR MAJOR MEDICAL COVERAGE. LACK OF MAJOR MEDICAL COVERAGE (OR OTHER MINIMUM ESSENTIAL COVERAGE) MAY RESULT IN AN ADDITIONAL PAYMENT WITH YOUR TAXES. In letters dated August 27 and October 8, 2014, addressed to the National Association of Insurance Commissioners, the Center for Consumer Information and Insurance Oversight (CCIIO) has indicated that no enforcement action would be taken against issuers (carriers) that filed policy form amendments or amendments THE OFFICE OF INSURANCE AND SAFETY FIRE COMMISSIONER DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, RELIGION, AGE OR DISABILITY IN EMPLOYMENT OR THE PROVISION OF PROGRAMS OR SERVICES

to application materials with the Department by October 1, 2014. This safe harbor provision requires approved amendments or revised application materials to be in use no later than May 1, 2015. Carriers are advised to pay particular attention to the requirements of the CCIIO letters, which are attached as an appendix to this Directive. The Department will follow the same safe harbor guidance. IV. CONTRACTS WITH EFFECTIVE DATES BEFORE JANUARY 1, 2015 For coverage that is already in force or that will take effect later in 2015, the same one-time notice and attestation requirements apply to the first renewal application with an effective date on or after October 1, 2016, if an application is required in order to renew the coverage. Alternatively, the carrier has the option to provide the notice and collect the attestation at any earlier date. If no application for renewal is required because the policy or certificate renews automatically upon continued payment of premiums, the aforementioned requirements do not apply. As denoted in the federal guidance, the federally mandated language and attestation are only applicable on an application form. However, no later than October 1, 2016, the carrier shall send notice to each insured who was not given notice at the point of sale, in clear, conspicuous, and ordinary language, that the hospital or other fixed indemnity insurance does not meet the minimum essential coverage requirements of the Affordable Care Act. The Department suggests that carriers use language substantially similar to the following notice: THIS INSURANCE POLICY DOES NOT MEET THE AFFORDABLE CARE ACT S REQUIREMENT THAT YOU MAINTAIN MINIMUM ESSENTIAL COVERAGE, ALSO KNOWN AS MAJOR MEDICAL INSURANCE. FAILURE TO MAINTAIN MINIMUM ESSENTIAL HEALTH COVERAGE MAY RESULT IN AN ADDITIONAL PAYMENT WITH YOUR TAXES. THIS INSURANCE COVERAGE WILL REMAIN IN FORCE AS LONG AS YOU CONTINUE TO PAY YOUR PREMIUMS. Carriers are not required to obtain the Department s approval of the notice sent to customers; however, carriers should maintain documentation demonstrating that this requirement was satisfied. V. INQUIRIES ABOUT MINIMUM ESSENTIAL COVERAGE STATUS Carriers may not make further inquiries to insureds about minimum essential coverage if the purpose of the inquiry is to seek to cancel or terminate a contract because of past or anticipated claims. If a carrier terminates the coverage of insureds who do not maintain minimum essential coverage, the carrier must establish and follow procedures that are applied uniformly without regard to claims experience or any actual or perceived risk factor. VI. QUESTIONS Questions regarding this Directive should be submitted via email to TCarswell@oci.ga.gov and include complete contact information (with company name, phone number and email address) for follow up. Ralph T. Hudgens Insurance and Safety Fire Commissioner THE OFFICE OF INSURANCE AND SAFETY FIRE COMMISSIONER DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, RELIGION, AGE OR DISABILITY IN EMPLOYMENT OR THE PROVISION OF PROGRAMS OR SERVICES

DIRECTIVE 2015-EX-2 APPENDIX A CCIIO LETTER TO THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS, DATED AUGUST 27, 2014 (SEE THE FOLLOWING TWO PAGES) [THIS SPACE INTENTIONALLY LEFT BLANK]

DEPARTMENT OF HEALTH & HUMAN SERVICES Centers for Medicare & Medicaid Services Center for Consumer Information and Insurance Oversight 200 Independence Avenue SW Washington, DC 20201 August 27, 2014 Mr. Brian Webb National Association of Insurance Commissioners 444 North Capitol Street NW Suite 700 Washington, D.C. 20001 Dear Mr. Webb: The Centers for Medicare & Medicaid Services (CMS) understands that state insurance departments and insurance industry representatives have expressed concern about the applicability date of two new requirements for fixed indemnity insurance to be considered an excepted benefit in the individual market. 1 Under the first requirement, individuals who purchase fixed indemnity insurance must attest, in their fixed indemnity insurance application, that they have other health coverage that is minimum essential coverage (or that they are treated as having minimum essential coverage due to their status as a bona fide resident of a United States territory). With respect to newly issued policies, this attestation requirement applies to policies initially issued on or after January 1, 2015. 2 Under the second requirement, a notice must be displayed prominently in the application materials stating that the fixed indemnity policy is a supplement to health insurance and is not a substitute for major medical coverage. This notice requirement applies to fixed indemnity insurance policy years beginning on or after January 1, 2015. 3 CMS understands that in many states, fixed indemnity issuers must receive approval from state insurance regulators for any amendments to application materials prior to their use. We also understand that, due to other priorities, state regulators may not have adequate time to review and approve such fixed indemnity filings in time for issuers to comply with the January 1, 2015 applicability date. In recognition of these issues, CMS will not take enforcement action against an issuer of fixed indemnity insurance for failure to meet the January 1, 2015 deadline (and encourages states with 1 Patient Protection and Affordable Care Act; Exchange and Insurance Market Standards for 2015 and Beyond (May 27, 2014), 79 FR 30240 2 45 CFR 148.220(b)(4)(i) 3 45 CFR 148.220(b)(4)(iv). 1

Primary enforcement authority to exercise similar enforcement discretion) if all of the following conditions are met: 1. The applicable state authority requires prior approval of any amendments to fixed indemnity policy application materials. 2. The fixed indemnity issuer submits to the applicable state authority by October 1, 2014 revised application materials for approval that are consistent with attestation and notice requirements under the regulations and the issuer takes all required steps to obtain approval. 3. The issuer complies with all other applicable requirements for the fixed indemnity insurance to be considered an excepted benefit. This policy will apply until the earlier of May 1, 2015, or the date upon which the issuer receives approval from the applicable State authority to use the application materials containing the required language. We look forward to continuing to work with you and your staff to implement the Affordable Care Act. Sincerely, Robert Imes Acting Director, Oversight Group Center for Consumer Information and Insurance Oversight

DIRECTIVE 2015-EX-2 APPENDIX B CCIIO LETTER TO THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS, DATED OCTOBER 8, 2014 (SEE THE FOLLOWING PAGE) [THIS SPACE INTENTIONALLY LEFT BLANK]

DEPARTMENT OF HEALTH & HUMAN SERVICES Centers for Medicare & Medicaid Services Center for Consumer Information and Insurance Oversight 200 Independence Avenue SW Washington, DC 20201 October 8, 2014 Mr. Brian Webb National Association of Insurance Commissioners 444 North Capitol Street NW Suite 700 Washington, D.C. 20001 Dear Mr. Webb: In our letter to you dated August 27, 2014, we indicated that the Centers for Medicare & Medicaid Services (CMS) will not take enforcement action against an issuer of fixed indemnity insurance for failure to meet the January 1, 2015 deadline for new policies to comply with the attestation and notice requirements (and encouraged states with primary enforcement authority to exercise similar enforcement discretion) if certain conditions are met (see enclosed copy of the August 27, 2014 letter). We indicated that this policy will apply until the earlier of May 1, 2015, or the date upon which the issuer receives approval from the applicable State authority to use the application materials containing the required language. Since the issuance of the August 27 th letter, several stakeholders have contacted us to explain that it could take up to several months to have an insurance product ready for issuance once State approval is obtained due to IT configuration issues. Because of this additional time factor, it could be impractical for issuers to have the enforcement policy end upon approval by State authorities. Accordingly, we are now revising the enforcement policy to extend for all new fixed indemnity insurance policies issued on or after January 1, 2015 and before May 1, 2015 in States where CMS is directly enforcing the Affordable Care Act and encourage the States with primary enforcement authority to do the same. We look forward to continuing to work with you and your staff to implement the Affordable Care Act. Please contact Jim Mayhew of my staff at 410-786-9244 should you have any questions. Sincerely, Samara Lorenz Acting Director, Oversight Group Center for Consumer Information and Insurance Oversight Enclosure: August 27, 2014 Letter to NAIC on Fixed Indemnity