BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   THIRD READING 


          Bill No:  AB 2366
          Author:   Dababneh (D), et al.
          Amended:  6/13/16 in Senate
          Vote:     21 

           SENATE INSURANCE COMMITTEE:  8-0, 6/22/16
           AYES:  Roth, Gaines, Berryhill, Glazer, Hall, Hernandez,  
            Mitchell, Wieckowski
           NO VOTE RECORDED:  Liu

          SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  78-0, 5/12/16 (Consent) - See last page for  
            vote

           SUBJECT:   Long-term care insurance


          SOURCE:   Association of California Life and Health Insurance  
          Companies 


          
          DIGEST:   This bill exempts life insurance policies that also  
          provide coverage for long-term care services from a provision  
          that requires insurers to offer new benefits to holders of  
          existing long-term care insurance (LTCI) policies.


          ANALYSIS:  


          Existing law:








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          1)Provides for the regulation of LTCI and life insurance by the  
            California Department of Insurance (CDI) and prescribes various  
            requirements and conditions governing those products.


          2)Requires LTCI carriers to offer new policies, benefits, or benefit  
            eligibility criteria to existing policyholders as either a  
            replacement policy or a rider on the existing policy ("mandatory  
            offer").


          3)Authorizes the Insurance Commissioner to waive the requirement  
            under certain conditions.


          This bill:


          1)Clarifies that the mandatory offer must be made within 12  
            months from when the new policy series is made available in  
            this state.


          2)Limits the mandatory offer to only those changes that are  
            material in nature and would exempt "minor" revisions such as  
            changes to elimination periods, benefit periods, and benefit  
            amounts.


          3)Exempts from the mandatory offer those life insurance policies  
            or riders that contain "accelerated long-term care benefits"  
            i.e. policies that pay for long-term care services out of a  
            life insurance benefit.


          Background


          LTCI policies are sold with the expectation that they will not  
          be needed until decades later.   However, the rapid evolution of  
          care options makes it difficult for insurers and consumers to  
          predict what services will be offered and available that far in  







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          the future.  For example, many early products only covered  
          nursing home care and those policies did not cover home care and  
          assisted living facilities when those services became available.  
           Now, insurers must make a mandatory offer of new benefits to  
          existing policyholders as a replacement policy or rider.  This  
          provides the insured an opportunity to update the policy.  


          Some life insurance products, often referred to as "hybrid" or  
          "combination" products, pay for long-term care services out of  
          the death benefit when the insured develops a qualifying  
          disability.  The mandatory offer applies whether or not the  
          policy is standard LTCI or a hybrid.


          Both standard and hybrid life insurance products come in a  
          variety of forms that interact with LTCI benefits differently.   
          Whole life policies offer a fixed death benefit, level premium,  
          and a steadily increasing cash value.   Universal life policies  
          allow the policyholder to change the death benefit, change or  
          skip premium payments, and have a less predictable cash value.  
          According to the Association of California Life and Health  
          Insurance Companies (ACLHIC), new LTCI benefits might not  
          integrate or graft well onto an existing life policy.  This bill  
          conforms California law to the standards adopted by the National  
          Association of Insurance Commissioners by exempting "minor"  
          changes to covered services or providers for all LTCI policies,  
          as well as all hybrid products. 




          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified  8/1/16)


          Association of California Life and Health Insurance Companies  
          (source)
          American Council of Life Insurers
          National Association of Insurance and Financial Advisors -  
          California  







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           OPPOSITION:   (Verified  8/1/16)


          California Department of Insurance


          ARGUMENTS IN SUPPORT:     ACLHIC argues that existing law  
          impedes the development of innovative products and confuses  
          consumers.  ACLHIC suggests that it would not be appropriate to  
          force an insurer that develops a new whole life hybrid product  
          to offer the new LTCI features to consumers with an existing  
          universal life hybrid product.  For example, an LTCI feature  
          designed for whole life insurance that funds additional LTCI  
          benefits with dividends paid to the policyholder would be  
          meaningless when attached to a universal life policy that does  
          not pay dividends.


          ARGUMENTS IN OPPOSITION:     CDI argues that an exemption for  
          LTCI attached to life insurance is not necessary given recent  
          amendments that limit the obligation to offer new benefits that  
          are material only.  CDI further emphasizes that this exemption  
          may be more significant since industry representatives suggest  
          that more consumers will obtain LTCI through combination  
          policies than through standalone policies.


          ASSEMBLY FLOOR:  78-0, 5/12/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon,  
            Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines,  
            Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,  
            Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger  
            Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Burke, Jones-Sawyer








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          Prepared by:Hugh Slayden / INS. / (916) 651-4110
          8/3/16 19:33:36


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