Insurance Regulatory Insights

Week of February 4, 2025

Telos Actuarial brings you this week’s legislative and regulatory insurance insights from around the nation.

As expected with a new administration and new year, we have a LOT of updates. The newsletter is formatted a little differently this week and is grouped into two categories:

  • New: proposed law recently introduced for consideration by Legislature

  • Movement: bill has progressed in legislative process

Respond to this email and let us know what you think or how we can provide the Insurance Regulatory Insights you need!

New: proposed law recently introduced for consideration by Legislature

Medicare Supplement

State

Bill/Notice Number

Status

Summary

CA

SB242

New

Proposed bill making Med Supp plans available to otherwise qualified applicants who are under 65 and have ESRD. Also, would require a 90-day OE period beginning January 1 each year for any Med Supp plan available from an issuer.

OH

HB24

New

1) Requires insurers to offer Med Supp policies to individuals under 65 who are eligible by reason of disability or ESRD at the same premium for coverage offered to an individual over 65. Beginning January 1 and ending July 1 immediately following the effective date of this bill, insurers are required to offer to under 65 individuals who are eligible for and enrolled in Medicare by reason of disability or ESRD an open enrollment period.

2) Requires insurers to offer Med Supp policyholders an annual OE period beginning on the individual's birthday and ending 60 days after, where the individual can purchase a new Med Supp policy offering the same coverage as their existing policy from a different insurer.

WA

HB1754

New

Requires Med Supp insurance to be offered on a GI basis during any annual OE period for Medicare Part B or Medicare Advantage.

TN

HB0508 / SB0552

New

Extends the period of time following delivery of a Med Supp policy or certificate during which an applicant may have the premium refunded from 30 to 60 days.

Dental

State

Bill/Notice Number

Status

Summary

NJ

SB4063

New

Proposed bill requiring carriers of dental benefits plans to file an annual dental loss ratio report. The commissioner will investigate a carrier that reports a dental loss ratio lower than one standard deviation from the mathematical average and may take remediation or enforcement actions against the carrier, including ordering the carrier to rebate.

OK

HB2805 / SB1060

New

Requires annual dental loss ratio filing and rate submissions. Expected rate increases should be filed with the commissioner at least 60 days prior to proposed implementation. Provides a formula for calculating minimum dental loss ratios, provides minimum requirements, and requires an annual rebate if loss ratio is less than 80-85% (large group) and 75-80% (individual and small group).

All Products

State

Bill/Notice Number

Status

Summary

AR

HB1297

New

Proposed act setting forth expectations for artificial intelligence, algorithms, and other automated technologies and regulating their use by healthcare insurers. 

AR

Bulletin 1-2025

New

Notifying insurers of the commissioner's intent to adopt the ACCOUNTING PRACTICES AND PROCEDURES MANUAL AS OF MARCH, 2024, published by the NAIC. The effective date for use shall be for the Annual Statement as of December 31, 2025, to be filed with this Department on or before March 1, 2026.

DE

Bulletin 40 (rev)

New

Reminds insurance carriers to notify the department if they intend to terminate any or all of a business line or product that would lead to withdrawal from the state's market. The state must be notified at least 90 days before the insurance carrier intends to issue withdrawal notices, unless otherwise required by law.

MD

Bulletin 25-5

New

Clarifies the administration's position on the payment of insurance premium by credit card. 

Movement: bill has progressed in legislative process

Medicare Supplement

State

Bill/Notice Number

Status

Summary

NE

LB64

Movement

Proposed bill to require insurers to offer Med Supp policyholders an annual OE period beginning on the individual's birthday and 30 days after, beginning January 1, 2026.

VA

HB2100 / SB1199

Movement

Proposed bill to require insurers to offer Med Supp policyholders an annual OE period beginning on the individual's birthday and ending 60 days after, where the individual can purchase any policy made available by any insurer in Virginia that offers the same or lesser benefits than those provided by the current coverage (does not include innovative benefits).

UT

HB258

Movement

(revised text)

Proposed bill creating a Med Supp Open Enrollment period annually beginning on an enrollee's birthday and ending 60 days later, where an enrollee can switch to a comparable or lower tier plan offered by the same issuer as their current plan, without medical underwriting. Also, would implement the offering of Med Supp plans to people under 65 due to disability or ESRD.

NH

HB774

Movement

1) Every issuer of Med Supp shall allow any beneficiary eligible for Medicare, including those disenrolling from current coverage by supplement insurance or a Med Advantage plan, to be offered a Med Supp plan based on community rating for the age of the recipient during the Medicare OE Period. Pricing of premiums based on medical underwriting or denial due to medical underwriting to cover preexisting conditions is prohibited for Med Supp plans.

2) Every insurer that offers Medicare Advantage Plans in the state of NH must also offer Med Supp Plans.

MS

HB1177

Movement

(revised text)

Amends SECTION 77-3-707, MISSISSIPPI CODE OF 1972, authorizing a telephone solicitor to make a telephone solicitation to any person in the state regarding any Medicare Advantage Plan or Med Supp Plan with whom they have an established business relationship or who has requested a call from the company.

IA

SF71

Movement

Proposed bill providing Med Supp policyholders an annual OE period beginning on the individual's birthday and ending 30 days after, where the individual can purchase any policy that offers the same or lesser benefits than those provided by the current coverage. Insurers are prohibited from using medical underwriting, pre-existing condition exclusions, and discriminating in pricing. 

Dental

State

Bill/Notice Number

Status

Summary

NE

LB639

Movement

Proposed bill outlining dental loss ratio requirement (85%), calculation, rebate and reporting requirements.

WA

HB1535 / SB5351

Movement

Proposed bill outlining dental loss ratio calculation and reporting requirements. Dental-only plans are required to file rates and any changes to rating factors that will be effective January 1st of the following year for approval with the commissioner. Dental loss ratio shouldn't be less than 85%, and if less than 85%, the carrier shall refund the excess premium to its covered individuals/groups.

Telos Actuarial’s team of experienced regulatory compliance professionals are ready to help YOU stay informed of legislative and regulatory changes. Reach out to us for more information!

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