Small Group Underwriting Rule Hearing Report: October 1

Oct 2, 2008

On Wednesday, October 1, 2008, the Florida Office of Insurance Regulation (“OIR”) held a public hearing on Proposed Rule 69O-149.041 entitled “Marketing Communication Material and Marketing Guidelines.”

OIR Associate General Counsel Amanda Parnell and Deputy Insurance Commissioner (Life and Health/Specialty) Mary Beth Senkewicz presided over the hearing.

Pursuant to Florida law, the proposed Rule creates an unfair trade practice by prohibiting an insurer that is marketing small group health plans from treating certain small groups differently than it treats other small groups.

Ms. Senkewicz stated that, because of discrimination issues arising from the use of multiple forms for groups of different sizes, a single form will now be used in application of the Rule.

Representatives from Humana, Blue Cross/Blue Shield of Florida, the Florida Association of Health Underwriters and others provided comments on the proposed Rule. There were concerns expressed about the use of employer-based forms. Other health insurers agreed that the employee form is more adequate because it allows for more sufficient information.

Ms. Senkewicz stated that she would take the oral and written comments into consideration as the OIR moves forward with the Rule promulgation.

The proposed Rule will go before the Financial Services Commission for final adoption unless there are substantive changes based on the comments from the hearing.

Should you have any questions, please feel free to contact Colodny Fass.

To unsubscribe from this newsletter, please send an e-mail to ccochran@cftlaw.com