BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 575|
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                                UNFINISHED BUSINESS 


          Bill No:  SB 575
          Author:   Liu (D)
          Amended:  7/13/15  
          Vote:     21  

           SENATE INSURANCE COMMITTEE:  7-0, 4/22/15
           AYES:  Roth, Gaines, Berryhill, Hernandez, Liu, Mitchell,  
            Wieckowski
           NO VOTE RECORDED:  Hall

           SENATE FLOOR:  36-0, 5/4/15
           AYES:  Allen, Anderson, Bates, Beall, Block, Cannella, De León,  
            Fuller, Gaines, Galgiani, Hall, Hernandez, Hertzberg, Hill,  
            Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire,  
            Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen,  
            Nielsen, Pan, Roth, Runner, Stone, Vidak, Wieckowski, Wolk
           NO VOTE RECORDED:  Berryhill, Hancock, Pavley

           ASSEMBLY FLOOR:  79-0, 8/27/15 - See last page for vote

           SUBJECT:   Long-term care insurance


          SOURCE:    California Department of Insurance

          DIGEST:   This bill requires long-term care insurance carriers  
          to annually notify policyholders with a vested contingent  
          benefit upon lapse or a shortened benefit period nonforfeiture  
          benefit ("nonforfeiture benefit"), and any designated  
          third-party, that the benefit is available and how they may  
          request more information about the benefit.

          Assembly Amendments (1) modify the frequency and effective date  
          of certain notice requirements, as well as clarified the period  
          of time in which a lack of a consumer's response would be deemed  








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          a waiver of the right to designate a third-party recipient; and  
          (2) add a requirement that the insurer notify the consumer of  
          the value of the benefit but permits the insurer to calculate  
          that value up to 60 days prior to the notice.

          ANALYSIS:
               
          Existing law:

          1)Requires insurers to offer applicants for long-term care  
            insurance (LTCI) the option to purchase a nonforfeiture  
            benefit that would provide a lifetime maximum benefit that is  
            at least the equivalent value of the greater of the amount of  
            premium paid or the dollar equivalent of three months of care  
            at a nursing facility. 

          2)Requires insurers to offer applicants the opportunity to  
            designate at least one individual in addition to the applicant  
            to receive a notice of lapse or termination of a policy for  
            nonpayment of premium and requires insurers to receive from  
            each applicant either: (a) a written designation of at least  
            one third-party recipient, in addition to the applicant, who  
            is to receive a notice of lapse or termination for nonpayment  
            of premium ("designation") or (b) a waiver signed and dated by  
            the applicant notifying the insurer that the policyholder  
            elects not to make a designation ("waiver"). 

          3)Requires insurers to notify policyholders of the right to add  
            or change a designation at least every two years.

          4)Requires approval by the Insurance Commissioner (IC) of any  
            rate or rate adjustment applied to LTCI policies before a  
            policy may be offered, sold, issued, or delivered to a  
            resident of this state.

          5)Permits the IC to require an insurer, as a condition of  
            approval of a rate adjustment that exceeds a specified  
            threshold, to administer a contingent benefit upon lapse that  
            would provide the insured a minimum lifetime benefit that is  
            at least the equivalent value of the greater of the amount of  
            premiums paid or 30 times the daily nursing home benefit at  
            the time of lapse.








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          This bill:

          1)Requires insurers, when a contingent benefit on lapse or a  
            nonforfeiture benefit is conferred, to notify policyholders  
            and annually thereafter, that the benefit is available, the  
            dollar value of the benefit calculated up to 60 days prior to  
            the notice, and contact information where the consumer may  
            receive more information.

          2)Requires insurers, also when a contingent benefit upon lapse  
            or a nonforfeiture benefit is conferred, to send a form  
            notifying the policyholder that he or she has the right to  
            designate a third-party to receive the annual notice and  
            requires the insurer to receive: (a) a designation; (b)  
            confirmation that the same person previously designated under  
            Insurance Code Section 10235.40 to receive a notice of lapse  
            shall receive the annual notice; or (c) a waiver.

                 Delays this requirement, until July 1, 2016, for  
               individuals holding a contingent benefit upon lapse when  
               this bill goes into effect.

                 Deems a failure to return this form within 90 days to be  
               a waiver by the policyholder.

                 Requires insurers to remind policyholders of the right  
               to add or change a designation at the time of the annual  
               notice.

          Background
          
          LTCI covers the costs of long-term care services when insureds  
          are unable to take care of themselves.  Unfortunately many of  
          these policies were severely underpriced when they were first  
          sold and have been subject to steep premium increases.  Since  
          the 1990s, California has adopted several significant reforms  
          and rates are now regulated by the California Department of  
          Insurance.  Some carriers are still requesting approval for rate  
          increases.  

          Premium increases may be devastating to vulnerable consumers.   








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          California law provides consumers with options to help mitigate  
          the impact.  At the time of application, insurers must offer  
          applicants the option to purchase a nonforfeiture benefit that  
          provides a paid-up minimum benefit should the policy lapse.   
          When an insurer requests a rate increase that meets a certain  
          threshold, the IC may require an insurer to offer qualifying  
          policyholders a contingent benefit upon lapse that also provides  
          a paid-up minimum benefit instead of maintaining the existing  
          policy at the increased premium level.  Because these benefits  
          may vest many years before used, SB 575 requires insurers to  
          send benefit holders an annual reminder providing basic  
          information about the benefit.  

          Existing law also provides policyholders with the option to  
          designate a third party to receive a notice of lapse for  
          nonpayment of premium.  Since contingent and nonforfeiture  
          benefits are considered paid-up and not subject to lapse, the  
          existing designation process does not apply.  This bill extends  
          the designation process so that the holder of a contingent or  
          nonforfeiture benefit may confirm, change, or add a designee to  
          receive the annual notice.

          The LTCI industry initially expressed concerns over the  
          provision that requires insurers to include the value of the  
          benefit with the annual statement because the value of the  
          benefit might decrease before the notice is received.  That  
          provision was amended out of this bill before it left the Senate  
          with the understanding the author would continue to work on that  
          issue.  Amendments taken in the Assembly negotiated with the  
          industry representatives added that provision back into this  
          bill but modified so that insurers would not be in the position  
          of having to provide potentially outdated information. 

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


          SUPPORT:   (Verified8/27/15)


          California Department of Insurance (source)
          California Advocates for Nursing Home Reform 








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          California Association of Area Agencies on Aging
          California Commission on Aging
          California Health Advocates
          California Retired Teachers Association
          Congress of California Seniors
          National Association of Social Workers, California Chapter 
          The Arc and United Cerebral Palsy California Collaboration


          OPPOSITION:   (Verified8/27/15)


          None received


          ARGUMENTS IN SUPPORT:     Proponents argue that existing law  
          gives eligible long-term care policyholders facing large rate  
          hikes they could not afford the right to stop paying premiums  
          and bank a benefit amount for potential later use in the amount  
          of premiums they had already paid.  Individuals who lapse their  
          LTCI policies and "bank" contingent benefits do not receive  
          periodic notification from the insurer that these benefits are  
          available.  Without notification these individuals and their  
          families can easily lose track of the existence of the benefits,  
          especially if the insured suffers from cognitive impairment.   
          These individuals and families likely end up paying for care or  
          doing without when, in fact, benefits are available.  
           

          ASSEMBLY FLOOR:  79-0, 8/27/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins








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          NO VOTE RECORDED:  Frazier


          Prepared by:Hugh Slayden / INS. / (916) 651-4110
          8/28/15 16:07:14


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