BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON INSURANCE
                             Senator Richard Roth, Chair
                                2015 - 2016  Regular 

          Bill No:              SB 924        Hearing Date:    April 13,  
          2016
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          |Author:    |Roth                                                 |
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          |Version:   |March 28, 2016                                       |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Erin Ryan                                            |
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                     Subject:  Insurance:  annuity transactions


           SUMMARY     Adds to the definition of "suitability information" whether  
          the consumer intends to apply for means-tested government  
          benefits, including but not limited to, Medi-Cal or the  
          veterans' aid and attendance benefit.
          
           
          DIGEST
            
          Existing law
            
           1.  Provides that all insurers, brokers, agents and others engaged  
              in the transaction of insurance owe a prospective insured who is  
              65 or older a duty of honesty, good faith and fair dealing, in  
              addition to any other duty, whether express or implied; (IC  
              §785.5)
               
           2.  Requires insurers and insurance agents and brokers, in  
              recommending the purchase or exchange of an annuity, to have  
              reasonable grounds for believing that the recommendation is  
              suitable for the consumer based on facts disclosed by the  
              consumer, as specified; (IC §10509.910)

           3.  Defines "suitability information" to be provided by the  
              consumer to include:
               a.     Age;
               b.     Annual income;
               c.     Financial situation and needs, including the financial  







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                 resources that will be used to fund the annuity;
               d.     Financial experience;
               e.     Financial objectives;
               f.     Intended use of the annuity;
               g.     Financial time horizon;
               h.     Existing assets, including investment and life insurance  
                 holdings;
               i.     Liquidity needs;
               j.     Liquid net worth;
               aa.    Risk tolerance;
               bb.    Tax status;
               cc.    Whether or not the consumer has a reverse mortgage; (IC  
                 §10509.913)

           4.  Prohibits the sale of an individual annuity to a senior if the  
              purpose of the sale is affect eligibility for Medi-Cal, under  
              specified conditions (Insurance Code §789.9);

           5.  Prohibits an insurance agent or broker from participating in  
              efforts to obtain veterans benefits or services for a senior  
              unless the agent or broker has no direct financial incentive to  
              refer the policyholder or prospective policyholder to any  
              veterans benefits program offered through the government.  (IC  
              §785.5) 

           
          This bill

            1.  Adds to the definition of "suitability information" whether  
              the consumer intends to apply for means-tested government  
              benefits, including but not limited to, Medi-Cal or the  
              veterans' aid and attendance benefit.


           COMMENTS
            
          1.  Purpose of the bill    To ensure that insurance agents and  
              brokers and insurance companies have the information they  
              need to determine if an annuity product is suitable for a  
              senior or is being sold or issued for the purpose of  
              shielding assets to qualify for means-tested government  
              benefits. 










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           2.  Background    It is illegal for an insurance agent or broker  
              to sell an annuity to a senior if the purpose of the sale is  
              for the senior to qualify for government benefits, including  
              Medi-Cal and the Veteran's Aid and Attendance Benefit.  They  
              also have a statutory duty of honesty, good faith and fair  
              dealing to all seniors. Despite this, some unscrupulous  
              brokers have targeted wealthy elderly residents of nursing  
              homes to reposition their assets in order to apply for  
              certain benefits from the U.S. Department of Veterans  
              Affairs (VA). An integral part of the scheme is selling  
              unwitting retirees unsuitable annuities that earn the  
              brokers large commissions and profits. Part of the scam is  
              convincing the senior that these benefits are actually  
              entitlements. These annuities can tie up assets for years  
              and carry hefty surrender penalties if the senior is denied  
              the government benefits they have been promised or find they  
              need access to their assets to pay unexpected medical or  
              other expenses. Some agents have also been accused of  
              selling unsuitable annuities to seniors for the sole purpose  
              of qualifying for Medi-Cal and shielding assets from  
              Medi-Cal recovery.

              Legislation was enacted in 2011 (AB 689 Blumenthal, Chap.  
              295 Statutes of 2011) that required insurers to establish a  
              system to supervise the suitability of annuity sale  
              recommendations so that the insurance needs and financial  
              objectives of consumers at the time of the transaction are  
              appropriately addressed. That bill established a list of  
              specified information the consumer must provide to determine  
              suitability, including age, annual income, financial  
              situation and needs, intended use of the annuity, risk  
              tolerance, net worth and tax status. This bill would add  
              whether the consumer intends to apply for government  
              benefits to the above list.

              These benefits provide an essential lifeline for the  
              low-income seniors they were designed to assist, allowing  
              them to stay in their home or the community rather than in  
              an institution. Because of these abuses, the VA has proposed  
              regulations that would make it even more difficult than it  
              already is to qualify for those that really need the  
              benefits.  










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           3.  Support    According to the California Department of  
              Insurance, it is illegal for California insurance agents to  
              sell annuities to seniors if the purpose is for the senior  
              to qualify for the Veterans Aid and Attendance Benefit or  
              under certain circumstances to qualify for Medi-Cal. Since  
              insurers are required to supervise and ultimately take  
              responsibility for producer annuity recommendations and  
              sales, whether or not a consumer intends to apply for  
              government benefits should be added to the suitability  
              criteria.
               
               California Advocates for Nursing Home Reform have sponsored  
              SB 924 because on occasion unscrupulous agents will attempt  
              to mislead seniors into believing that government benefits  
              intended for low-wealth or impoverished seniors such as the  
              Veterans Aid and Attendance Benefit are actually  
              entitlements, and in order to qualify it is necessary  
              liquidate assets and convert them into annuities they claim  
              are "government friendly". These annuities can tie up the  
              senior's assets for years and can create hefty surrender  
              penalties if the senior needs to access their assets  
              prematurely.

           4.  Opposition    None received.

           
          5.  Prior and Related Legislation   AB 689 Blumenthal, Chap. 295  
              Statutes of 2011 required insurers to establish a system to  
              supervise the suitability of annuity sale recommendations so  
              that the insurance needs and financial objectives of  
              consumers at the time of the transaction are appropriately  
              addressed.

           

          POSITIONS
            
          Support
           
          California Advocates for Nursing Home Reform (Sponsor)
          California Department of Insurance
          California Long-Term Care Ombudsman Association
          Consumer Attorneys of California
          Contra Costa Advisory Council on Aging








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          Retired Public Employees Association
          San Diego County District Attorney  

          Oppose
               
          None received

                                      -- END --