Legislature(2015 - 2016)

2016-04-13 House Journal

Full Journal pdf

2016-04-13                     House Journal                      Page 2301
HB 372                                                                                                                        
The following, which was advanced to third reading from the April 12,                                                           
2016, calendar (page 2231), was read the third time:                                                                            
                                                                                                                                
                                                                                                                                
     "An Act relating to insurance; relating to expenses for insurance                                                          
     examinations; relating to regulations for insurance utilization                                                            
     review, benefits determination, health care insurance grievance                                                            
     resolution procedures, independent review of adverse                                                                       
     determinations or final adverse determinations, independent                                                                
     review organizations, and continuing education providers; relating                                                         
     to required provisions for health care insurance contracts and                                                             
     policies, including health care provider choice; establishing civil                                                        

2016-04-13                     House Journal                      Page 2302
     penalties for insurers for failure to provide requested records;                                                           
     amending the definition of 'wet marine and transportation'                                                                 
     insurance; amending provisions on limited licenses to include crop                                                         
     insurance; relating to third-party administrator notification                                                              
     requirements; relating to certification filing by reinsurance                                                              
     intermediary brokers; relating to rate filings, delivery of insurance                                                      
     policies or endorsements; relating to refunds of variable life                                                             
     insurance policies and variable annuities; establishing limitations                                                        
     on issuance of long-term care insurance; relating to requirements                                                          
     for group health insurance policies; amending the definition of                                                            
     'group health insurance'; relating to motor vehicle service                                                                
     contracts; relating to notice requirements for meetings of                                                                 
     stockholders or members of a domestic insurer; establishing a                                                              
     definition of 'bona fide association'; relating to requirements and                                                        
     penalties for committing a fraudulent or criminal insurance act;                                                           
     updating criteria for examinations; relating to rate filing                                                                
     deviations; establishing civil penalties for certain wilful                                                                
     violations; and providing for an effective date."                                                                          
                                                                                                                                
Representative Wool moved and asked unanimous consent that CSHB                                                                 
372(L&C) be returned to second reading for the specific purpose of                                                              
considering Amendment No. 1.  There being no objection, it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
Amendment No. 1 was offered by Representatives Wool and Olson:                                                                  
                                                                                                                                
Page 1, line 1, following the first occurrence of "insurance;" (title                                                         
amendment):                                                                                                                     
     Insert "relating to the annual report by the director of                                                                 
insurance;"                                                                                                                   
                                                                                                                                
Page 2, following line 8:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Section 1. AS 21.06.110 is amended to read:                                                                                
         Sec. 21.06.110. Director's annual report. As early in each                                                           
     calendar year as is reasonably possible, the director shall prepare                                                        
     and deliver an annual report to the commissioner, who shall notify                                                         
     the legislature that the report is available, showing, with respect to                                                     
     the preceding calendar year,                                                                                               
              (1)  a list of the authorized insurers transacting insurance                                                      

2016-04-13                     House Journal                      Page 2303
     in this state, with a summary of their financial statement as the                                                          
     director considers appropriate;                                                                                            
              (2)  the name of each insurer whose certificate of                                                                
     authority was surrendered, suspended, or revoked during the year                                                           
     and the cause of surrender, suspension, or revocation;                                                                     
              (3)  the name of each insurer authorized to do business in                                                        
     this state against which delinquency or similar proceedings were                                                           
     instituted and, if against an insurer domiciled in this state, a                                                           
     concise statement of the facts with respect to each proceeding and                                                         
     its present status;                                                                                                        
              (4)  a statement in regard to examination of rating                                                               
     organizations, advisory organizations, joint underwriters, and joint                                                       
     reinsurers as required by AS 21.39.120;                                                                                    
              (5)  the receipt and expenses of the division for the year;                                                       
              (6)  recommendations of the director as to amendments or                                                          
     supplementation of laws affecting insurance or the office of                                                               
     director;                                                                                                                  
              (7)  statistical information regarding health insurance,                                                          
     including the number of individual and group policies sold or                                                              
     terminated in the state; this paragraph does not authorize the                                                             
    director to require an insurer to release proprietary information;                                                         
              (8)  the annual percentage of health claims paid in the                                                           
      state that meets the requirements of AS 21.36.495(a) and (d);                                                            
              (9)  the total amount of contributions reported and the                                                           
     total amount of credit claimed under AS 21.96.070 and 21.96.075;                                                           
     [AND]                                                                                                                      
              (10)  the total number of public comments received                                                            
     and the director's efforts, to the extent allowable by law, to                                                         
     improve or maintain public access to information on                                                                    
     individual health insurance rate filings before they become                                                            
     effective; and                                                                                                         
              (11)  other pertinent information and matters the director                                                    
     considers proper."                                                                                                         
                                                                                                                                
Page 2, line 9:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 2"                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                

2016-04-13                     House Journal                      Page 2304
Page 36, line 5:                                                                                                                
     Delete "Section 67"                                                                                                        
     Insert "Section 68"                                                                                                        
                                                                                                                                
Page 36, line 6:                                                                                                                
     Delete "Section 65"                                                                                                        
     Insert "Section 66"                                                                                                        
                                                                                                                                
Page 36, line 7:                                                                                                                
     Delete "sec. 18"                                                                                                           
     Insert "sec. 19"                                                                                                           
     Delete "sec. 66"                                                                                                           
     Insert "sec. 67"                                                                                                           
                                                                                                                                
Representative Wool moved and asked unanimous consent that                                                                      
Amendment No. 1 be adopted.  There being no objection, it was so                                                                
ordered, and the new title follows:                                                                                             
                                                                                                                                
     CS FOR HOUSE BILL NO. 372(L&C) am                                                                                          
     "An Act relating to insurance; relating to the annual report by the                                                        
     director of insurance; relating to expenses for insurance                                                                  
     examinations; relating to regulations for insurance utilization                                                            
     review, benefits determination, health care insurance grievance                                                            
     resolution procedures, independent review of adverse                                                                       
     determinations or final adverse determinations, independent                                                                
     review organizations, and continuing education providers; relating                                                         
     to required provisions for health care insurance contracts and                                                             
     policies, including health care provider choice; establishing civil                                                        
     penalties for insurers for failure to provide requested records;                                                           
     amending the definition of 'wet marine and transportation'                                                                 
     insurance; amending provisions on limited licenses to include crop                                                         
     insurance; relating to third-party administrator notification                                                              
     requirements; relating to certification filing by reinsurance                                                              
     intermediary brokers; relating to rate filings, delivery of insurance                                                      
     policies or endorsements; relating to refunds of variable life                                                             
     insurance policies and variable annuities; establishing limitations                                                        
     on issuance of long-term care insurance; relating to requirements                                                          
     for group health insurance policies; amending the definition of                                                            
     'group health insurance'; relating to motor vehicle service                                                                
     contracts; relating to notice requirements for meetings of                                                                 

2016-04-13                     House Journal                      Page 2305
     stockholders or members of a domestic insurer; establishing a                                                              
     definition of 'bona fide association'; relating to requirements and                                                        
     penalties for committing a fraudulent or criminal insurance act;                                                           
     updating criteria for examinations; relating to rate filing                                                                
     deviations; establishing civil penalties for certain wilful                                                                
     violations; and providing for an effective date."                                                                          
                                                                                                                                
The question being:  "Shall CSHB 372(L&C) am pass the House?"                                                                   
The roll was taken with the following result:                                                                                   
                                                                                                                                
CSHB 372(L&C) am                                                                                                                
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  3                                                                               
                                                                                                                                
Yeas:  Chenault, Claman, Drummond, Edgmon, Foster, Gara, Gattis,                                                                
Guttenberg, Herron, Hughes, Johnson, Josephson, Kawasaki, Keller,                                                               
Kito, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Ortiz,                                                               
Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr,                                                           
Thompson, Tilton, Tuck, Wilson, Wool                                                                                            
                                                                                                                                
Excused:  Hawker                                                                                                                
                                                                                                                                
Absent:  Colver, Kreiss-Tomkins, Vazquez                                                                                        
                                                                                                                                
And so, CSHB 372(L&C) am passed the House.                                                                                      
                                                                                                                                
Representative Millett moved and asked unanimous consent that the                                                               
roll call on the passage of the bill be considered the roll call on the                                                         
effective date clause.  There being no objection, it was so ordered.                                                            
                                                                                                                                
CSHB 372(L&C) am was referred to the Chief Clerk for engrossment.