14RS HB126
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HB126

14RS

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HB 126 (BR 333) - R. Damron, R. Crimm, J. Greer

     AN ACT relating to the financial solvency of insurance companies.
     Create new sections of KRS Chapter 304, Subtitle 3 to define terms including "Own Risk and Solvency Assessment," (ORSA) and establish the following requirements for the insurer assessment: maintain a risk management framework; perform an ORSA assessment at least annually and any time there are significant changes to the risk profile of the insurer or insurance group; submit a summary report to the commissioner of insurance upon request; establish requirements for the summary report; establish exemptions from the assessment and reporting requirements for insurers or insurance groups; require the ORSA summary report be prepared in accordance with the ORSA guidance manual and require that documentation be maintained and made available upon examination; establish privacy and nondisclosure requirements for documents, materials, or other information in the possession of the Department of Insurance obtained pursuant to the ORSA Summary Report, recognized as being proprietary and containing trade secrets; authorize the commissioner to share documents, materials, or other ORSA-related materials including proprietary and trade secret documents with other state, federal, or international financial regulatory agencies, a supervisory college as defined in KRS 304.37-010, the NAIC, or any third-party consultant designated by the commissioner, subject to agreement by the recipient to maintain confidentiality; require a written agreement between the commissioner and the NAIC or a third-party consultant to govern sharing and use of the confidential and privileged information; authorize the commissioner to receive ORSA-related information including privileged documents, materials, or information including proprietary and trade-secret information from other regulatory officials of foreign or domestic jurisdictions including members of any supervisory college and the NAIC and require the commissioner to maintain confidentiality of the privileged information; create a new section of KRS Chapter 304, Subtitle 99 to establish a daily penalty of $100 for failure to timely file an ORSA Summary Report to a maximum of $1,000; amend KRS 304.32-130, relating to a nonprofit hospital, medical-surgical, dental, or other health service plan, to delete the cap on unencumbered reserve or surplus over and above the required reserves and not to be deemed an excessive accumulation; EFFECTIVE January 1, 2015.

HB 126 - AMENDMENTS


     HCS - Make technical corrrections.
     SCS - Retain original provisions, except create a new section of Subtitle 17A of KRS Chapter 304 to define "anticancer medications"; require that health benefit plans not require a higher copayment, coinsurance, or deductible for patient administered anticancer medications than are required for anti-cancer medications injected or intravenously administered by a health care provider, prohibit specified actions to circumvent this provision; add a subsection to provide that subsection (4) of this section does not apply to a health benefit plan that meets the federal definition of a high deductible health plan to be used in conjunction with a health savings account until the insured's deductible has been satisfied.
     SCA (1/Title, T. Buford) - Make title amendment.

     Jan 7-introduced in House
     Jan 8-to Banking & Insurance (H)
     Jan 9-posted in committee
     Jan 15-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
     Jan 16-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Wednesday, January 22, 2014
     Jan 22-3rd reading, passed 96-0 with Committee Substitute
     Jan 23-received in Senate
     Jan 28-to Banking & Insurance (S)
     Mar 21-taken from Banking & Insurance (S); 1st reading; returned to Banking & Insurance (S)
     Mar 24-taken from Banking & Insurance (S); 2nd reading; returned to Banking & Insurance (S)
     Mar 25-reported favorably, to Rules with Committee Substitute, committee amendment (1-title) as a Consent Bill
     Mar 26-posted for passage in the Consent Orders of the Day for Wednesday, March 26, 2014; 3rd reading, passed 38-0 with Committee Substitute, committee amendment (1-title)
     Mar 27-received in House; to Rules (H)
     Mar 28-taken from Rules; posted for passage for concurrence in Senate Committee Substitute, committee amendment (1-title) ; House concurred in Senate Committee Substitute, committee amendment (1-title) ; passed 96-1
     Mar 31-enrolled, signed by each presiding officer; delivered to Governor
     Apr 11-signed by Governor (Acts, ch. 119)

Vote History
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