4327 - Stop loss funds for standardized health insurance contracts issued to qualifying small employers and qualifying individuals.

§  4327.  Stop  loss funds for standardized health insurance contracts  issued to qualifying small employers and qualifying individuals. (a) The  superintendent shall establish a  fund  from  which  health  maintenance  organizations,  corporations  or  insurers may receive reimbursement, to  the extent of funds available therefor, for claims paid by  such  health  maintenance  organizations, corporations or insurers for members covered  under qualifying group health insurance  contracts  issued  pursuant  to  section  four  thousand  three  hundred twenty-six of this article. This  fund shall be  known  as  the  "small  employer  stop  loss  fund".  The  superintendent  shall  establish a separate and distinct fund from which  health maintenance organizations, corporations or insurers  may  receive  reimbursement,  to  the  extent  of funds available therefor, for claims  paid by such health maintenance organizations, corporations or  insurers  for   members  covered  under  qualifying  individual  health  insurance  contracts  issued  pursuant  to  section  four  thousand  three  hundred  twenty-six  of this article. This fund shall be known as the "qualifying  individual stop loss fund".    (b) Commencing on January first, two thousand one, health  maintenance  organizations,  corporations  or  insurers  shall be eligible to receive  reimbursement for ninety percent of claims paid between thirty  thousand  and  one  hundred  thousand  dollars  in  a calendar year for any member  covered under a standardized contract issued pursuant  to  section  four  thousand  three  hundred  twenty-six  of  this  article. Claims paid for  members covered under qualifying group health insurance contracts  shall  be  reimbursable from the small employer stop loss fund. Claims paid for  members covered under qualifying individual health  insurance  contracts  shall be reimbursable from the qualifying individual stop loss fund. For  the  purposes  of  this section, claims shall include health care claims  paid by a health maintenance organization on behalf of a covered  member  pursuant to such standardized contracts.    (c)  The  superintendent  shall  promulgate regulations that set forth  procedures for the operation of the small employer stop  loss  fund  and  the  qualifying  individual  stop  loss  fund and distribution of monies  therefrom.    (d) The small employer stop loss fund shall  operate  separately  from  the  qualifying  individual  stop  loss  fund.  Except  as  specified in  subsection (b) of  this  section  with  respect  to  calendar  year  two  thousand  one,  the level of stop loss coverage for the qualifying group  health  insurance  contracts  and  the  qualifying   individual   health  insurance  contracts  need not be the same. The two stop loss funds need  not be structured or operated in the same manner, except as specified in  this section. The monies available for distribution from the  stop  loss  funds  may  be reallocated between the small employer stop loss fund and  the  qualifying  individual  stop  loss  fund  if   the   superintendent  determines that such reallocation is warranted due to enrollment trends.    (e)  Claims  shall be reported and funds shall be distributed from the  small employer stop loss fund and from the  qualifying  individual  stop  loss  fund  on  a  calendar  year  basis.  Claims  shall be eligible for  reimbursement only for the calendar year in which the claims  are  paid.  Once  claims  paid  on  behalf  of  a covered member reach or exceed one  hundred thousand dollars in a given calendar  year,  no  further  claims  paid  on  behalf  of such member in that calendar year shall be eligible  for reimbursement.    (f) Each health maintenance organization, corporation or insurer shall  submit a request for reimbursement from each of the stop loss  funds  on  forms  prescribed  by  the  superintendent.  Each  of  the  requests for  reimbursement shall be submitted no later than April first following the  end of the calendar year for which the reimbursement requests are  beingmade.  The  superintendent may require health maintenance organizations,  corporations or insurers to submit such claims data in  connection  with  the  reimbursement  requests  as  he  deems  necessary  to enable him to  distribute  monies  and  oversee the operation of the small employer and  qualifying individual stop loss funds. The  superintendent  may  require  that   such  data  be  submitted  on  a  per  member,  aggregate  and/or  categorical basis. Data shall  be  reported  separately  for  qualifying  group  health  insurance  contracts  and  qualifying  individual  health  insurance contracts issued  pursuant  to  section  four  thousand  three  hundred twenty-six of this article.    (g)  For  each  stop loss fund, the superintendent shall calculate the  total  claims  reimbursement   amount   for   all   health   maintenance  organizations,  corporations or insurers for the calendar year for which  claims are being reported.    (1) In the event that the total amount requested for reimbursement for  a calendar year exceeds funds available for distribution for claims paid  during that same calendar year, the superintendent shall provide for the  pro-rata distribution of the available funds.  Each  health  maintenance  organization,  corporation  or insurer shall be eligible to receive only  such proportionate amount of  the  available  funds  as  the  individual  health  maintenance  organization's,  corporation's  or  insurer's total  eligible claims paid bears to the total  eligible  claims  paid  by  all  health maintenance organizations, corporations or insurers.    (2) In the event that funds available for distribution for claims paid  by all health maintenance organizations, corporations or insurers during  a  calendar year exceeds the total amount requested for reimbursement by  all health maintenance organizations, corporations  or  insurers  during  that  same  calendar year, any excess funds shall be carried forward and  made available for distribution in the next calendar year.  Such  excess  funds  shall be in addition to the monies appropriated for the stop loss  fund in the next calendar year.    (h) Upon the request of the superintendent,  each  health  maintenance  organization   shall   be   required   to   furnish  such  data  as  the  superintendent deems necessary to oversee the  operation  of  the  small  employer  and  qualifying individual stop loss funds. Such data shall be  furnished in a  form  prescribed  by  the  superintendent.  Each  health  maintenance  organization,  corporation  or  insurer  shall  provide the  superintendent with monthly reports of the total  enrollment  under  the  qualifying   group   health   insurance  contracts  and  the  qualifying  individual health insurance contracts issued pursuant  to  section  four  thousand  three hundred twenty-six of this article. The reports shall be  in a form prescribed by the superintendent.    (i) The superintendent shall separately estimate the per member annual  cost of  total  claims  reimbursement  from  each  stop  loss  fund  for  qualifying  individual  health  insurance  contracts  and for qualifying  group  health  insurance  contracts  based  upon  available   data   and  appropriate actuarial assumptions. Upon request, each health maintenance  organization, corporation or insurer shall furnish to the superintendent  claims experience data for use in such estimations.    (j) The superintendent shall determine total eligible enrollment under  qualifying  group  health  insurance contracts and qualifying individual  health  insurance  contracts.  For  qualifying  group  health  insurance  contracts, the total eligible enrollment shall be determined by dividing  the  total funds available for distribution from the small employer stop  loss fund by the estimated  per  member  annual  cost  of  total  claims  reimbursement  from  the  small  employer stop loss fund. For qualifying  individual health insurance contracts,  the  total  eligible  enrollment  shall   be   determined  by  dividing  the  total  funds  available  fordistribution from the  qualifying  individual  stop  loss  fund  by  the  estimated  per member annual cost of total claims reimbursement from the  qualifying individual stop loss fund.    (k)  The  superintendent shall suspend the enrollment of new employers  under qualifying group health insurance contracts if he determines  that  the  total  enrollment reported by all health maintenance organizations,  corporations or insurers under such contracts exceeds the total eligible  enrollment, thereby resulting in anticipated  annual  expenditures  from  the small employer stop loss fund in excess of the total funds available  for  distribution  from  such  stop  loss fund. The superintendent shall  suspend the enrollment of new individuals  under  qualifying  individual  health  insurance  contracts  if he determines that the total enrollment  reported  by  all  health  maintenance  organizations,  corporations  or  insurers  under  such  contracts  exceeds the total eligible enrollment,  thereby resulting in anticipated annual expenditures from the qualifying  individual stop loss fund in excess of the  total  funds  available  for  distribution from such stop loss fund.    (l)   The   superintendent   shall   provide  the  health  maintenance  organizations,  corporations  or  insurers  with  notification  of   any  enrollment  suspensions  as  soon  as  practicable  after receipt of all  enrollment data. The  superintendent's  determination  and  notification  shall  be  made  separately  for  the  qualifying group health insurance  contracts and for the qualifying individual health insurance contracts.    (m) If  at  any  point  during  a  suspension  of  enrollment  of  new  qualifying   small   employers   and/or   qualifying   individuals,  the  superintendent determines that funds are sufficient to provide  for  the  addition  of  new enrollments, the superintendent shall be authorized to  reactivate  new  enrollments  and  to  notify  all  health   maintenance  organizations, corporations or insurers that enrollment of new employers  and/or    individuals   may   again   commence.   The   superintendent's  determination  and  notification  shall  be  made  separately  for   the  qualifying  group  health  insurance  contracts  and  for the qualifying  individual health insurance contracts.    (m-1) In the event that the superintendent suspends the enrollment  of  new  individuals  for  qualifying  group  health  insurance contracts or  qualifying individual health  insurance  contracts,  the  superintendent  shall  ensure that small employers or sole proprietors seeking to enroll  in a qualified group or individual health insurance contract pursuant to  section forty-three hundred twenty-six  of  this  article  are  provided  information   on  and  directed  to  the  family  health  plus  employer  partnership program under section three  hundred  sixty-nine-ff  of  the  social services law.    (n)  The  suspension  of issuance of qualifying group health insurance  contracts to new qualifying  small  employers  shall  not  preclude  the  addition  of  new  employees of an employer already covered under such a  contract or new dependents  of  employees  already  covered  under  such  contracts.    (o)  The  suspension  of  issuance  of  qualifying  individual  health  insurance contracts to new qualifying individuals shall not preclude the  addition of new dependents to an existing qualifying  individual  health  insurance contract.    (p)  The premiums for qualifying group health insurance contracts must  factor in the availability of reimbursement from the small employer stop  loss fund. The  premiums  for  qualifying  individual  health  insurance  contracts  must  factor  in  the  availability of reimbursement from the  qualifying individual stop loss funds.    (q) The superintendent may obtain the services of an  organization  to  administer  the  stop  loss  funds  established  by this section. If thesuperintendent deems it appropriate, he or she may  utilize  a  separate  organization for administration of the small employer stop loss fund and  the  qualifying  individual  stop  loss  fund.  The superintendent shall  establish  guidelines  for  the submission of proposals by organizations  for the purposes of administering the funds.  The  superintendent  shall  make  a  determination  whether  to  approve,  disapprove  or  recommend  modification to the proposal of an applicant to administer the funds. An  organization approved to administer the funds shall  submit  reports  to  the  superintendent  in such form and at times as may be required by the  superintendent in order to  facilitate  evaluation  and  ensure  orderly  operation  of the funds, including, but not limited to, an annual report  of the affairs and operations of the fund, such report to  be  delivered  to  the superintendent and to the chairs of the senate finance committee  and the assembly ways and means committee. An organization  approved  to  administer  the funds shall maintain records in a form prescribed by the  superintendent and which shall be available for inspection by or at  the  request  of  the  superintendent. The superintendent shall determine the  amount of compensation to be allocated to an  approved  organization  as  payment  for fund administration. Compensation shall be payable from the  stop loss coverage funds. An organization  approved  to  administer  the  funds  may  be  removed  by the superintendent and must cooperate in the  orderly transition of services to another approved  organization  or  to  the superintendent.    (r)  If  the  superintendent  deems  it  appropriate  for  the  proper  administration  of  the  small  employer  stop  loss  fund  and/or   the  qualifying  individual stop loss fund, the administrator of the fund, on  behalf of and with the prior approval of the  superintendent,  shall  be  authorized  to  purchase  stop loss insurance and/or reinsurance from an  insurance company licensed to write  such  type  of  insurance  in  this  state.  Such  stop loss insurance and/or reinsurance may be purchased to  the extent of funds available  therefor  within  such  funds  which  are  available  for  purposes  of  the  stop  loss  funds established by this  section.    (s) The superintendent may access funding from the small employer stop  loss fund and/or the  qualifying  individual  stop  loss  fund  for  the  purposes  of  developing and implementing public education, outreach and  facilitated  enrollment  strategies  targeted  to  small  employers  and  working adults without health insurance. The superintendent may contract  with  marketing organizations to perform or provide assistance with such  education, outreach, and enrollment strategies. The superintendent shall  determine the amount of funding  available  for  the  purposes  of  this  subsection  which  in  no event shall exceed eight percent of the annual  funding amounts for the small employer stop loss fund and the qualifying  individual stop loss fund.    (t) Brooklyn healthworks pilot program and upstate  healthworks  pilot  program.  Commencing on July first, two thousand six, the superintendent  shall access funding from the small employer  stop  loss  fund  and  the  qualifying  individual  stop  loss  fund  for the purpose of support and  expansion of the existing pilot program Brooklyn healthworks approved by  the superintendent and for the establishment and operation  of  a  pilot  program  to  be  located  in  upstate  New York. For the purpose of this  subsection, in no event shall the amount of funding available exceed two  percent of the annual funding amounts for the small employer  stop  loss  fund and the qualifying individual stop loss fund.