4317 - Rating of individual and small group health insurance contracts.

§  4317.  Rating  of  individual  and  small  group  health  insurance  contracts.  (a) No individual health insurance  contract  and  no  group  health  insurance  contract  covering between two and fifty employees or  members of the group exclusive  of  spouses  and  dependents,  including  contracts  for  which  the  premiums are paid by a remitting agent for a  group, hereinafter referred to as  a  small  group,  providing  hospital  and/or  medical  benefits,  including  Medicare  supplemental insurance,  shall be issued in this state unless such contract  is  community  rated  and,  notwithstanding  any  other provisions of law, the underwriting of  such contract involves no more than the  imposition  of  a  pre-existing  condition  limitation  as permitted by this article. Any individual, and  dependents of such  individual,  and  any  small  group,  including  all  employees  or  group  members  and  dependents  of employees or members,  applying for individual or small group health insurance coverage must be  accepted at all times  throughout  the  year  for  any  hospital  and/or  medical  coverage, including Medicare supplemental insurance, offered by  the corporation to individuals or  small  groups  in  this  state.  Once  accepted for coverage, an individual or small group cannot be terminated  by  the  insurer  due  to claims experience. Termination of coverage for  individuals or small groups may be based only on  one  or  more  of  the  reasons  set  forth  in  subsection  (c)  of section four thousand three  hundred four or subsection (j) of section four  thousand  three  hundred  five  of  this  article.  For  the  purposes of this section, "community  rated" means a rating methodology in which the premium for  all  persons  covered  by  a  policy  or  contract  form  is  the  same,  based on the  experience of the entire  pool  of  risks  covered  by  that  policy  or  contract form without regard to age, sex, health status or occupation.    (b)  Nothing  herein shall prohibit the use of premium rate structures  to establish different premium  rates  for  individuals  as  opposed  to  family  units  or separate community rates for individuals as opposed to  small groups. If a corporation  is  required  to  issue  a  contract  to  individual  proprietors pursuant to subsection (f) of this section, such  contract shall be subject to the requirements of subsection (a) of  this  section.    (c)  The  superintendent  shall  permit  the use of separate community  rates for reasonable geographic regions, which may,  in  a  given  case,  include   a  single  county.  The  regions  shall  be  approved  by  the  superintendent as part of the rate filing. The superintendent shall  not  require  the  inclusion  of  any  specific geographic regions within the  proposed community rated regions selected by the corporation in its rate  filing so long as the corporation's  proposed  regions  do  not  contain  configurations  designed to avoid or segregate particular areas within a  county covered by the corporation's community rates.    (d) (1) This section shall also apply to contracts issued to  a  group  defined   in  subsection  (c)  of  section  four  thousand  two  hundred  thirty-five of this chapter, including but not limited to an association  or trust of  employers,  if  the  group  includes  one  or  more  member  employers  or other member groups which have fifty or fewer employees or  members exclusive of spouses and dependents.    (2) A corporation  shall  provide  specific  claims  experience  to  a  municipal  corporation,  as  defined  in  subsection (f) of section four  thousand seven hundred two of this chapter, covered by  the  corporation  under a community rated contract when the municipal corporation requests  its  claims  experience  for  purposes of forming or joining a municipal  cooperative  health  benefit  plan   certified   pursuant   to   article  forty-seven  of  this chapter. Notwithstanding the foregoing provisions,  no corporation shall be required  to  provide  more  than  three  years'  claims experience to a municipal corporation making this request.(e)  (1)  Notwithstanding  any  other  provision  of  this chapter, no  insurer, subsidiary of an insurer, or controlled  person  of  a  holding  company  system  may  act as an administrator or claims paying agent, as  opposed to an  insurer,  on  behalf  of  small  groups  which,  if  they  purchased  insurance,  would  be  subject  to  this section. No insurer,  subsidiary of an insurer, or controlled person of a holding company  may  provide  stop loss, catastrophic or reinsurance coverage to small groups  which, if they purchased insurance, would be subject to this section.    (2) This subsection shall not apply to coverage insuring a plan  which  was  in  effect  on  or  before  December thirty-first, nineteen hundred  ninety-one and was  issued  to  a  group  which  includes  member  small  employers  or  other  member  small groups, including but not limited to  association groups, provided that (A)  acceptance  of  additional  small  member  employers  (or  other  member groups comprised of fifty or fewer  employees or members, exclusive of  spouses  and  dependents)  into  the  group  on  or  after  June first, nineteen hundred ninety-two and before  April first, nineteen hundred ninety-four  does  not  exceed  an  amount  equal  to  ten  percent  per year of the total number of persons covered  under the group as of  June  first,  nineteen  hundred  ninety-two,  but  nothing  in  this subparagraph shall limit the addition of larger member  employers; (B) (i) after April first, nineteen hundred ninety-four,  the  group  thereafter accepts member small employers and member small groups  without underwriting by any more than the imposition of  a  pre-existing  condition  limitation  as  permitted  by  this  article and the cost for  participation in the group for all persons covered  shall  be  the  same  based  on  the  experience of the entire pool of risks covered under the  entire group, without regard to age, sex, health status  or  occupation;  and (ii) once accepted for coverage, an individual or small group cannot  be  terminated  due to claims experience; (C) the insurer has registered  the names of such groups, including the total number of persons  covered  as  of June first, nineteen hundred ninety-two, with the superintendent,  in a form prescribed by the superintendent, on or  before  April  first,  nineteen hundred ninety-three and shall report annually thereafter until  such  groups  comply  with  the  provisions  of subparagraph (B) of this  paragraph; and (D) the  types  or  categories  of  employers  or  groups  eligible  to join the association are not altered or expanded after June  first, nineteen hundred ninety-two.    (3) A corporation may apply to the superintendent for an extension  or  extensions  of  time beyond April first, nineteen hundred ninety-four in  which to implement the provisions of this subsection as they  relate  to  groups  registered  with the superintendent pursuant to subparagraph (C)  of paragraph two of this subsection; any such  extension  or  extensions  may  not exceed two years in aggregate duration, and the ten percent per  year limitation of subparagraph (A) of paragraph two of this  subsection  shall  be reduced to five percent per year during the period of any such  extension  or  extensions.  Any  application  for  an  extension   shall  demonstrate  that  a  significant financial hardship to such group would  result from such implementation.    (f)(1)  If  the  insurer  issues  coverage  to  an  association  group  (including  chambers  of  commerce),  as  defined in subparagraph (K) of  paragraph one of subsection (c) of section  four  thousand  two  hundred  thirty-five of this chapter, the insurer must issue the same coverage to  individual  proprietors  which purchase coverage through the association  group as the insurer issues to groups which  purchase  coverage  through  the  association group; provided, however, that an insurer which, on the  effective date of this subsection, is  issuing  coverage  to  individual  proprietors  not  connected  with  an association group, may continue to  issue  such  coverage  provided  that  the  coverage  is  otherwise   inaccordance  with  this subsection and all other applicable provisions of  law.    (2)  For  coverage  purchased  pursuant to this subsection, individual  proprietors shall be classified in their own community rating  category,  provided  however,  up  to  and  including  December  thirty-first,  two  thousand eleven, the premium rate established for individual proprietors  purchased pursuant to paragraph one of  this  subsection  shall  not  be  greater than one hundred fifteen percent of the rate established for the  same coverage issued to groups.    (3)  The  insurer  may  require  members of the association purchasing  health insurance to verify that all employees electing health  insurance  are  legitimate  employees  of  the employers, as documented on New York  state tax form NYS-45-ATT-MN or comparable documentation. In order to be  eligible to purchase health insurance pursuant to  this  subsection  and  obtain  the  same  group  insurance products as are offered to groups, a  sole employee of a corporation or a sole proprietor of an unincorporated  business or entity must (A) work at least twenty hours per week, (B)  if  purchasing the coverage through an association group, be a member of the  association  for  at least sixty days prior to the effective date of the  insurance policy, and (C) present a copy of the following  documentation  to the insurer or health plan administrator on an annual basis:    (i)  NYS  tax  form  45-ATT,  or  comparable  documentation  of active  employee status;    (ii) for an unincorporated business, the prior year's  federal  income  tax Schedule C for an incorporated business subject to Subchapter S with  a  sole  employee,  federal income tax Schedule E for other incorporated  businesses with a sole employee, a W-2 annual wage statement, or federal  tax form 1099 with federal income tax Schedule F; or    (iii) for a business in business for less than one year,  a  cancelled  business  check,  a  certificate  of  doing business, or appropriate tax  documentation; and    (iv) such other documentation as may be  reasonably  required  by  the  insurer  as  approved  by the superintendent to verify eligibility of an  individual to purchase health insurance pursuant to this subsection.    (4) Notwithstanding the provisions  of  item  (I)  of  clause  (i)  of  subparagraph  (K)  of  paragraph  one  of subsection (c) of section four  thousand two hundred thirty-five of this chapter, for purposes  of  this  section,  an  association  group shall include chambers of commerce with  less  than  two  hundred  members  and  which   are   501C3   or   501C6  organizations.