HB 239: "An Act relating to the annual report by the director of insurance; relating to the duty of the director of insurance to inform the public; relating to insurer filings for premium rates charged for an individual health care insurance plan; relating to investigatory hearings on insurer filings for premium rates charged for an individual health care insurance plan; relating to the duties and powers of the attorney general; and providing for an effective date."
00 HOUSE BILL NO. 239 01 "An Act relating to the annual report by the director of insurance; relating to the duty 02 of the director of insurance to inform the public; relating to insurer filings for premium 03 rates charged for an individual health care insurance plan; relating to investigatory 04 hearings on insurer filings for premium rates charged for an individual health care 05 insurance plan; relating to the duties and powers of the attorney general; and providing 06 for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 LEGISLATIVE INTENT. It is the intent of the legislature that, in implementing 11 AS 21.51.405(f), added by sec. 6 of this Act, as a cost savings measure, the division of 12 insurance use software already in use by the Regulatory Commission of Alaska, or other state 13 agency, to publish nonconfidential filings.
01 * Sec. 2. AS 21.06.110 is amended to read: 02 Sec. 21.06.110. Director's annual report. As early in each calendar year as is 03 reasonably possible, the director shall prepare and deliver an annual report to the 04 commissioner, who shall notify the legislature that the report is available, showing, 05 with respect to the preceding calendar year, 06 (1) a list of the authorized insurers transacting insurance in this state, 07 with a summary of their financial statement as the director considers appropriate; 08 (2) the name of each insurer whose certificate of authority was 09 surrendered, suspended, or revoked during the year and the cause of surrender, 10 suspension, or revocation; 11 (3) the name of each insurer authorized to do business in this state 12 against which delinquency or similar proceedings were instituted and, if against an 13 insurer domiciled in this state, a concise statement of the facts with respect to each 14 proceeding and its present status; 15 (4) a statement in regard to examination of rating organizations, 16 advisory organizations, joint underwriters, and joint reinsurers as required by 17 AS 21.39.120; 18 (5) the receipt and expenses of the division for the year; 19 (6) recommendations of the director as to amendments or 20 supplementation of laws affecting insurance or the office of director; 21 (7) statistical information regarding health insurance, including the 22 number of individual and group policies sold or terminated in the state; this paragraph 23 does not authorize the director to require an insurer to release proprietary information; 24 (8) the annual percentage of health claims paid in the state that meets 25 the requirements of AS 21.36.495(a) and (d); 26 (9) the total amount of contributions reported and the total amount of 27 credit claimed under AS 21.96.070 and 21.96.075; [AND] 28 (10) the total number of public comments received under 29 AS 21.51.405(b) and (e) and the director's efforts to improve public access to 30 information and facilitate public comment on individual health insurance rate 31 filings before they become effective; and
01 (11) other pertinent information and matters the director considers 02 proper. 03 * Sec. 3. AS 21.06.115 is amended to read: 04 Sec. 21.06.115. Duty to inform public. The director shall regularly inform the 05 public of matters concerning the purchase, price, coverage, benefits, rate increases, 06 and rights of insurance marketed in this state and make available information on 07 availability of the services of the division of insurance and the opportunity for 08 public comment. The director shall prepare, publish, and revise as it becomes useful 09 or necessary to do so, an information pamphlet on insurance and the rights of a 10 consumer of insurance and on how to take advantage of the right to public comment 11 and the services of the division of insurance. 12 * Sec. 4. AS 21.51.405(b) is amended to read: 13 (b) An insurer shall file with the director the premium rates charged for an 14 individual health care insurance plan before using them. A premium rate or premium 15 rate change must be on file with the director for a waiting period of at least 45 days 16 before the effective date of the premium rate. That period may be extended by the 17 director or the insurer for an additional 15 days if, during the initial 45-day waiting 18 period, notice is given stating that additional time for consideration of the filing is 19 needed. The director shall provide public notice of a filing, and the public may 20 submit comments during the 45-day waiting period. Except as provided in (d) of 21 this section, a [A] filing may become effective at the end of the waiting period unless 22 disapproved by the director during the waiting period. If an insurer fails to provide 23 information requested by the director during the waiting period, the filing is 24 considered withdrawn by the insurer, and the premium rate does not become effective. 25 * Sec. 5. AS 21.51.405(c) is amended to read: 26 (c) The director shall adopt regulations 27 (1) establishing procedures for filing and use of rates; [AND] 28 (2) specifying information that must be submitted in a filing required 29 under (b) of this section; and 30 (3) establishing procedures for investigatory hearings under (d) 31 and (e) of this section.
01 * Sec. 6. AS 21.51.405 is amended by adding new subsections to read: 02 (d) The director shall hold an investigatory hearing under AS 21.06.170 - 03 21.06.230 if an insurer seeks to increase the premium rate charged for an individual 04 health care insurance plan by 10 percent or more in a filing required under (b) of this 05 section. A filing that requires an investigatory hearing under this section may become 06 effective when an order is issued unless earlier disapproved by the director. If an 07 insurer fails to provide information requested by the director during the investigatory 08 hearing, the filing is considered withdrawn by the insurer, and the premium rate does 09 not become effective. 10 (e) In setting and during an investigatory hearing under (d) of this section, the 11 director shall 12 (1) provide public notice of the hearing by posting on the Alaska 13 Online Public Notice System (AS 44.62.175); 14 (2) invite the attorney general to participate on behalf of the public; 15 (3) allow the attorney general access to confidential information or 16 records obtained by the director as part of the investigatory hearing; 17 (4) invite public comment; 18 (5) provide copies of all public comments received under (4) of this 19 subsection to all parties to the hearing; 20 (6) publish nonconfidential information relating to the investigatory 21 hearing for the public. 22 (f) The director shall make all nonconfidential information under this section 23 available online, including any nonconfidential filings made as part of an investigatory 24 hearing under (d) of this section. 25 (g) In this section, "nonconfidential information" means any information or 26 record not designated as confidential under AS 21.06.060 or other state or federal law. 27 * Sec. 7. AS 44.23.020 is amended by adding a new subsection to read: 28 (i) The attorney general may participate as a party in an investigatory hearing 29 under AS 21.51.405(d) when the attorney general determines that participation is in 30 the public interest. 31 * Sec. 8. This Act takes effect January 1, 2017.