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PA Bulletin, Doc. No. 06-1322

RULES AND REGULATIONS

INSURANCE DEPARTMENT

[31 PA. CODE CH. 84a]

Minimum Reserve Standards for Individual and Group Health and Accident Insurance Contracts

[36 Pa.B. 3667]
[Saturday, July 15, 2006]

   The Insurance Department (Department) amends Chapter 84a (relating to minimum reserve standards for individual and group health and accident insurance contracts).

Statutory Authority

   The final form rulemaking is adopted under sections 206, 506, 1501 and 1502 of The Administrative Code of 1929 (71 P. S. §§ 66, 186, 411 and 412) and sections 301.1 and 311.1 of The Insurance Department Act (act) (40 P. S. §§ 71.1 and 93).

Comments and Response

   Notice of proposed rulemaking was published at 36 Pa.B. 392 (January 28, 2006) with a 30-day comment period. During the 30-day comment period, comment was received from the Insurance Federation of Pennsylvania, Inc. indicating no opposition to the proposed amendments. During its regulatory review, the Independent Regulatory Review Commission (IRRC) did not submit comments to the Department.

Affected Parties

   The final-form rulemaking applies to life insurance companies, property and casualty insurance companies and fraternal benefit societies marketing and soliciting health and accident insurance contracts.

Fiscal Impact

State Government

   There will be no increase in cost to the Department as a result of this final-form rulemaking. As part of its solvency monitoring responsibilities, the Department currently reviews the methodology used by an insurer to calculate health and accident reserves to ensure that the reserves are adequate and comply with the minimum standard requirements. Therefore, this final-form rulemaking will not require additional staff time or resources to perform the analysis.

General Public

   Since the final-form rulemaking concerns the solvency requirements applied to insurance companies, the public will benefit from a financially sound insurance industry and the ability of insurers to fulfill their contractual obligations under individual and group accident and health contracts.

Political Subdivisions

   The final-form rulemaking will not impose additional costs on political subdivisions. However, because the final-form rulemaking promotes stability in this Commonwealth's insurance industry, political subdivisions' tax revenues should benefit as a result of fewer insurer insolvencies. Fewer insolvencies would result in less unemployment and would increase incentives for insurers to market new insurance products in this Commonwealth.

Private Sector

   The final-form rulemaking does not apply to claims incurred prior to the adoption of the final-form rulemaking unless elected on an optional basis by the insurance company. There may be some expense incurred by an insurance company in modifying the claim reserve calculation system to comply with amended minimum claim reserve standards.

Paperwork

   The adoption of this final-form rulemaking does not impose additional paperwork on the Department or the insurance industry. The amendment to the reserve minimum standards applies to the claim reserve calculation, but will not result in additional paperwork.

Effectiveness/Sunset Date

   The final-form rulemaking takes effect on January 1, 2007. The Department continues to monitor the effectiveness of regulations on a triennial basis. Therefore, no sunset date has been assigned.

Contact Person

   Questions regarding this final-form rulemaking should be directed to Peter J. Salvatore, Regulatory Coordinator, Office of Special Projects, 1326 Strawberry Square, Harrisburg, PA 17120, (717) 787-4429, fax (717) 772-1969, psalvatore@state.pa.us.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on January 13, 2006, the Department submitted a copy of the notice of proposed rulemaking, published at 36 Pa.B. 391, to IRRC and the Chairpersons of the House Insurance Committee and the Senate Banking and Insurance Committee for review and comment.

   Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.

   Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on June 14, 2006, the final-form rulemaking was deemed approved by the House and Senate Committees. In accordance with section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC, effective June 15, 2006.

Findings

   The Insurance Commissioner (Commissioner) finds that:

   (1)  Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.

   (2)  The adoption of this final-form rulemaking in the manner provided in this order is necessary and appropriate for the administration and enforcement of the authorizing statutes.

Order

   The Commissioner, acting under the authorizing statutes, orders that:

   (a)  The regulations of the Department, 31 Pa. Code Chapter 84a, are amended by amending §§ 84a.2--84a.6 and Appendix A to read as set forth at 36 Pa.B. 392.

   (b)  The Commissioner shall submit this order and 36 Pa.B. 392 to the Office of General Counsel and Office of Attorney General for approval as to form and legality as required by law.

   (c)  The Commissioner shall certify this order and 36 Pa.B. 392 and deposit them with the Legislative Reference Bureau as required by law.

   (d)  The amendment adopted by this order shall take effect January 1, 2007.

M. DIANE KOKEN,   
Insurance Commissioner

   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 36 Pa.B. 3391 (July 1, 2006).)

   Fiscal Note: Fiscal Note 11-228 remains valid for the final adoption of the subject regulations.

[Pa.B. Doc. No. 06-1322. Filed for public inspection July 14, 2006, 9:00 a.m.]

   


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