Bill Summary for H 240 (2013-2014)

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Summary date: 

Mar 6 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 240 (Public) Filed Wednesday, March 6, 2013
A BILL TO BE ENTITLED AN ACT TO EXPAND THE CHOICES FOR HEALTH INSURANCE IN NORTH CAROLINA BY EXEMPTING HEALTH INSURANCE COMPANIES FROM OUTDATED RISK EXPOSURE REQUIREMENTS; TO REMOVE A PHOTO IDENTIFICATION REQUIREMENT FOR NEW DOMESTIC COMPANIES; TO HELP MORTGAGE GUARANTY COMPANIES ADJUST THEIR CAPITAL AND SURPLUS REQUIREMENTS; TO REVISE CERTAIN RISK-BASED CAPITAL REQUIREMENTS IN ORDER TO MAINTAIN NORTH CAROLINA'S NAIC ACCREDITATION; TO CLARIFY CONSUMER CHOICE IN HOMEOWNER'S COVERAGE FOR WIND AND HAIL; TO CLARIFY THE CERTIFICATION REQUIREMENTS FOR AN ACTUARY WHO PRESENTS A SCHEDULE OF PREMIUM RATES; TO SHORTEN CERTAIN TIME PERIODS FOR AN EXTERNAL REVIEW BY THE COMMISSIONER OF CERTAIN INSURER DETERMINATIONS; TO EXPAND ACCESS OF COVERAGE TO BUSINESSES WHO NEED BLANKET ACCIDENT AND HEALTH COVERAGE; TO MAKE CERTAIN CONFORMING CHANGES RELATED TO THE RENAMING OF THE OFFICE OF MANAGED CARE PATIENT ASSISTANCE PROGRAM AS HEALTH INSURANCE SMART NC; TO AMEND THE DEFINITION OF PRIVATE PASSENGER MOTOR VEHICLE; TO CLARIFY WHEN AN INSURER CAN COMMUNICATE WITH THE INSURED AFTER A PUBLIC ADJUSTER HAS BEEN RETAINED; AND TO CLARIFY WHEN AN AUTOMATIC STAY OF PROOF OF LOSS REQUIREMENTS, PREMIUM AND DEBT DEFERRALS, AND LOSS ADJUSTMENTS ARE TRIGGERED; TO PROVIDE NOTICE AND AN OPPORTUNITY FOR A HEARING WHEN A SUPERIOR COURT JUDGE IS CALLED UPON TO SELECT AN UMPIRE IN CERTAIN PROPERTY INSURANCE DISPUTES; AND TO ALLOW THE DEPARTMENT OF INSURANCE TO ENFORCE CERTAIN PROVISIONS OF THE PUBLIC HEALTH SERVICE ACT BY REQUIRING INSURANCE COMPANIES TO COMPLY WITH THOSE PROVISIONS WITHIN THIS STATE.
Intro. by Dockham.

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Bill summary

Amends GS 58-3-105 to add accident and health insurance to the types of insurance exempt from the provisions of this section regarding risk exposure requirements.

Amends GS 58-7-37(a) to eliminate the photo identification requirement for receipt of a license by a new domestic insurance company.

Current law requires a mortgage guaranty insurerto maintain at all times a minimum policyholders position of not less than one twenty'fifth of the insurer's aggregate insured risk outstanding; however, this requirement may be waived by the Commissioner of Insurance (Commissioner) for a specified time period. Amends GS 58-10-125 to delete provision that the Commissioner cannot grant a waiver that extends beyond July 1, 2015. Makes a conforming change to Section 2 of SL 2009-254, as amended.

Amends GS 58-12-11 to specify that in the event of a company action level event, as defined in this statute, the comprehensive financial plan prepared by the insurer and submitted to the Commissioner must provide that forecasts for all insurers must include forecasts of statutorybalance sheets, operating income, net income, capital and surplus (was, capital or surplus), and risk-based capital levels. Makes an organizational change.

Amends GS 58-12-35(a) regarding confidentiality and prohibition on announcements, to provide that certain risk-based capital reportspertaining to domestic and foreign insurers arenot to be made public and are not subject to subpoena, discovery, or admissible in evidence in any private civil action (was, not subject to subpoena) other than by the Commissioner. Provides that the Commissioner may share and receive confidential information and privileged risk-based capital information consistent with information shared and received under GS 58-2-132(g) and (h). Prohibits permitting or requiring the Commissioner or any person who received documents, materials, or other information while acting under the authority of the Commissioner to testify in any private civil action concerning any confidential documents, materials, or information subject to subsection (a).

Amends GS 58-30-60(b) to revise certain risk-based capital requirements in order to maintain North Carolina's National Association of Insurance Commissioners accreditation. Amends GS 58-31-45 to remove the requirement that the report which the Commissioner must submit to the Governor on the Commissioner's official action under Article 31 of GS Chapter 58 must be embodied or attached to the Commissioner's biennial report to the General Assembly.

Amends GS 58-36-42 to clarify that consumers may choose residential property insurance coverage in the coastal counties as defined in GS 58-45-5(2b) that does not include coverage for the perils of windstorm or hail.

Amends GS 58-50-131(a) to clarify thequalification standards foran actuary providing certification for the filing of a schedule of premium rates for health benefit plans.

Amends GS 58-50-82 to provide that the Commissioner must perform certain designated actions within two (was, three) days of receiving a request for an expedited external review. Provides that the insurer or its designee must provide or transmit all documents and information to the assigned review organization as soon as possible but within the same day after(was, same business day of) receiving notice that the request has been assigned to a review organization. Requires that a decision be rendered on the expedited request no more than three business days (was, four business days) after the date the request for expedited external review is received.

Changes the name of the Office of Managed Care Patient Assistance Program to Health Insurance Smart NC. Makes multipleconforming changes to insert the name change. Also removes the reporting requirement in GS 58-36-42.

Amends GS 58-71-75 to expand access of coverage to businesses that need blanket accident and health coverage.

Effective July 1, 2013.