§ 10181.14. — 10181.14. (Added by Stats. 2023, Ch. 557, Sec. 6.)

California § 10181.14.

• Jurisdiction: California
• Code INS: Insurance Code - INS
• Div. 2.: DIVISION 2. CLASSES OF INSURANCE
• Part 2.: PART 2. LIFE AND DISABILITY INSURANCE
• Ch. 1.: CHAPTER 1. The Contract
• Art. 4.5.: ARTICLE 4.5. Review of Rate Increases

Text

(a)
This section shall apply only to a specialized health insurance policy covering dental services, as defined in Section 10120.41.
(b)
On or after January 1, 2025, and at least annually thereafter, a
health insurer shall file with the department the information required by this article, as applicable, including, but not limited to, all of the following:
(1)
Type of insurer involved, such as for profit or not for profit.
(2)
Product type.
(3)
Whether the products are opened or closed.
(4)
Annual rate.
(5)
Total earned premiums in
each policy form.
(6)
Total incurred claims in each policy form.
(7)
Review category: initial filing for new product, filing for existing product, or resubmission.
(8)
Average rate of increase.
(9)
Effective date of rate increase.
(10)
Number of policyholders or insureds affected by each policy form.
(11)
A comparison of claims cost and rate changes over time.
(12)
Any changes in insured cost sharing over the prior year associated with the submitted rate filing.
(13)
Any changes in insured benefits over the prior year associated with the submitted rate filing.
(14)
Any changes in administrative costs.
(15)
Variation in trend, by geographic region, if the insurer serves more than one geographic region.
(16)
The loss ratio for the policy as described in Section 10112.26 and the lifetime loss ratio as described in the regulations adopted pursuant to Section 10293.
(17)
Proposed and effective rates for all products.
(18)
A rating manual that outlines the methodology used in the development of the premium
rates, along with a description of how rates were determined.
(19)
The base rate or rates and the factors used to determine the base rate or rates.
(20)
Trend, including overall average, and by-product, if different.
(21)
Any other factors affecting dental premium rates.
(22)
An actuarial certification signed by a qualified actuary.
(23)
Any other information required for the department to make its determination.
(c)
(1)
The
health insurer shall file with the department the required information at least 120 days before any change in the methodology, factors, or assumptions that would affect rates.
(2)
A health insurer shall respond to the department’s request for any additional information necessary for the department to complete its review of the health insurer’s rate filing for individual and group health insurance policies within five business days of the department’s request or as otherwise required by the department.
(3)
If a health insurer fails to provide all the information the department requires in order for the department to make its determination, the
department may determine that a health insurer’s rate change is unreasonable or not justified.
(4)
If the department determines that a health insurer’s rate change for individual or group health insurance policies is unreasonable or not justified consistent with this article, the health insurer shall provide notice of that determination to an individual or group applicant or policyholder.
(5)
The department may contract with a consultant or consultants with expertise to assist the department in its review. Contracts entered into pursuant to the authority in this article shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the
Government Code, and the State Contract Act (Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code).
(d)
For all health insurers covering dental services, the department shall issue a determination that the health insurer’s rate change is unreasonable or not justified no later than 60 days following receipt of all the information the department requires to make its determination. The determination by the department shall also apply to the methodology, factors, and assumptions used to determine rates.
(e)
The department may review the rate filings to ensure compliance with the law, as described in Section 10181.11, excluding subdivision (c).
(f)
The department may require all
health insurers to submit all rate filings to the National Association of Insurance Commissioners’ System for Electronic Rate and Form Filing (SERFF). Submission of the required rate filings to SERFF shall be deemed to be filing with the department for purposes of compliance with this section.
(g)
(1)
The department may adopt emergency regulations implementing this section. The initial adoption of emergency regulations implementing this section and the readoption of emergency regulations authorized by this subdivision shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare.
(2)
On or before July 1, 2024, the commissioner may issue guidance to health insurers regarding compliance
with this section. This guidance shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(3)
The department shall consult with the Department of Managed Health Care when issuing guidance on adopting necessary regulations pursuant to this subdivision.

Legislative History

Added by Stats. 2023, Ch. 557, Sec. 6. (AB 1048) Effective January 1, 2024.