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sHB5378 / File No. 246 1
General Assembly File No. 246
February Session, 2026 Substitute House Bill No. 5378
House of Representatives, March 30, 2026
The Committee on Insurance and Real Estate reported through
REP. WOOD of the 29th Dist., Chairperson of the Committee on
the part of the House, that the substitute bill ought to pass.
AN ACT CONCERNING SELF-FUNDED MULTIPLE EMPLOYER
WELFARE ARRANGEMENTS AND REQUIRING A STUDY OF THE
FEASIBILITY OF ESTABLISHING THE CONNECTICUT OPTION
PROGRAM.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 38a -1 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective January 1, 2027): 2
Terms used in this title and sections 2 and 3 of this act , unless it 3
appears from the context to the contrary, shall have a scope and 4
meaning as set forth in this section. 5
(1) "Affiliate" or "affiliated" means a person that directly, or indirectly 6
through one or more intermediaries, controls, is controlled by or is 7
under common control with another person. 8
(2) "Alien insurer" means any insurer that has been chartered by or 9
organized or constituted within or under the laws of any jurisdiction or 10
country without the United States. 11
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(3) "Annuities" means all agreements to make periodical payments 12
where the making or continuance of all or some of the series of the 13
payments, or the amount of the payment, is dependent upon the 14
continuance of human life or is for a specified term of years. This 15
definition does not apply to payments made under a policy of life 16
insurance. 17
(4) "Commissioner" means the Insurance Commissioner. 18
(5) "Control", "controlled by" or "under common control with" means 19
the possession, direct or indirect, of the power to direct or cause the 20
direction of the management and policies of a person, whether through 21
the ownership of voting securities, by contract other than a commercial 22
contract for goods or nonmanagement services, or otherwise, unless the 23
power is the result of an official position with the person. 24
(6) "Domestic insurer" means any insurer that has been chartered by, 25
incorporated, organized or constituted within or under the laws of this 26
state. 27
(7) "Domestic surplus lines insurer" means any domestic insurer that 28
has been authorized by the commissioner to write surplus lines 29
insurance. 30
(8) "Foreign country" means any jurisdiction not in any state, district 31
or territory of the United States. 32
(9) "Foreign insurer" means any insurer that has been chartered by or 33
organized or constituted within or under the laws of another state or a 34
territory of the United States. 35
(10) "Insolvency" or "insolvent" means, for any insurer, that it is 36
unable to pay its obligations when they are due, or when its admitted 37
assets do not exceed its liabilities plus the greater of: (A) Capital and 38
surplus required by law for its organization and continued operation; 39
or (B) the total par or stated value of its authorized and issued capital 40
stock. For purposes of this subdivision "liabilities" shall include but not 41
be limited to reserves required by statute or by regulations adopted by 42
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the commissioner in accordance with the provisions of chapter 54 or 43
specific requirements imposed by the commissioner upon a subject 44
company at the time of admission or subsequent thereto. 45
(11) "Insurance" means any agreement to pay a sum of money, 46
provide services or any other thing of value on the happening of a 47
particular event or contingency or to provide indemnity for loss in 48
respect to a specified subject by specified perils in return for a 49
consideration. In any contract of insurance, an insured shall have an 50
interest which is subject to a risk of loss through destruction or 51
impairment of that interest, which risk is assumed by the insurer and 52
such assumption shall be part of a general scheme to distribute losses 53
among a large group of persons bearing similar risks in return for a 54
ratable contribution or other consideration. 55
(12) "Insurer" or "insurance company" includes any person or 56
combination of persons doing any kind or form of insurance business 57
other than a fraternal benefit society, and shall include a receiver of any 58
insurer when the context reasonably permits. 59
(13) "Insured" means a person to whom or for whose benefit an 60
insurer makes a promise in an insurance policy. The term includes 61
policyholders, subscribers, members and beneficiaries. This definition 62
applies only to the provisions of this title and does not define the 63
meaning of this word as used in insurance policies or certificates. 64
(14) "Life insurance" means insurance on human lives and insurances 65
pertaining to or connected with human life. The business of life 66
insurance includes granting endowment benefits, granting additional 67
benefits in the event of death by accident or accidental means, granting 68
additional benefits in the event of the total and permanent disability of 69
the insured, and providing optional methods of settlement of proceeds. 70
Life insurance includes burial contracts to the extent provided by 71
section 38a-464. 72
(15) "Mutual insurer" means any insurer without capital stock, the 73
managing directors or officers of which are elected by its members. 74
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(16) "Person" means an individual, a corporation, a partnership, a 75
limited liability company, an association, a joint stock company, a 76
business trust, an unincorporated organization or other legal entity. 77
(17) "Policy" means any document, including attached endorsements 78
and riders, purporting to be an enforceable contract, which 79
memorializes in writing some or all of the terms of an insurance 80
contract. 81
(18) "State" means any state, district, or territory of the United States. 82
(19) "Subsidiary" of a specified person means an affiliate controlled 83
by the person directly, or indirectly through one or more intermediaries. 84
(20) "Unauthorized insurer" or "nonadmitted insurer" means an 85
insurer that has not been granted a certificate of authority by the 86
commissioner to transact the business of insurance in this state or an 87
insurer transacting business not authorized by a valid certificate. 88
(21) "United States" means the United States of America, its territories 89
and possessions, the Commonwealth of Puerto Rico and the District of 90
Columbia. 91
Sec. 2. (NEW) ( Effective January 1, 2027 ) For the purposes of this 92
section and section 3 of this act: 93
(1) "Actuarial value" means a level of coverage provided by a health 94
plan design that is offered as a percentage of the full value of the benefits 95
provided under such plan; 96
(2) "Commercial domicile" means the headquarters of a trade or 97
business that is the place from which such trade or business is 98
principally managed and directed; 99
(3) "Employer member" means an entity domiciled in this state or that 100
maintains such entity's commercial domicile in this state, is a member 101
of a sponsoring association and employs more than one individual in 102
this state. "Employer member" may include such employer member's 103
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sponsoring association that is domiciled in this state and employs more 104
than one individual in this state; 105
(4) "ERISA" means the Employee Retirement Income Security Act of 106
1974, as amended from time to time; 107
(5) "Health benefit plan" means a contract, certificate or agreement 108
offered, delivered, issued for delivery, renewed, amended or continued 109
in this state by a self -funded multiple employer welfare arrangement 110
trust to provide, deliver, arrange for, pay for or reimburse any of the 111
costs of the diagnosis, prevention, treatment, cure or relief of a health 112
condition, illness, injury or disease. "Health benefit plan" does not 113
include insurance products; 114
(6) "Health enhancement program" has the same meaning as 115
provided in section 38a- 477ll of the general statutes; 116
(7) "Participating employee" means any employee of a participating 117
employer who enrolls in a health benefit plan offered by a self -funded 118
multiple employer welfare arrangement trust; 119
(8) "Participating employer" means any employer member that 120
participates in a self-funded multiple employer welfare arrangement; 121
(9) "Preexisting conditions provision" has the same meaning as 122
provided in section 38a-476 of the general statutes; 123
(10) "Self-funded multiple employer welfare arrangement" means a 124
program established or maintained on behalf of employer members and 125
offered by a self -funded multiple employer welfare arrangement trust 126
for the purpose of providing one or more health benefit plans for such 127
employer member's employees and such employees' dependents; 128
(11) "Self -funded multiple employer welfare arrangement trust" 129
means any trust established by a sponsoring association in accordance 130
with subsection (e) of section 3 of this act; 131
(12) "Sponsoring association" means any industry trade group or any 132
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other trade group with employer members representing multiple trades 133
domiciled in this state that (A) is organized and has a written 134
constitution or bylaws, (B) has not less than five hundred employees of 135
not less than twenty -five employer members, and (C) has been 136
maintained in good faith for not less than the immediately preceding 137
five years for purposes other than obtaining or providing insurance; and 138
(13) "Value -based health benefit plan design" means any material 139
term in a health benefit plan that is designed to increase the quality of 140
covered benefits or health care services while reducing the cost of such 141
health benefit plan or health care services. 142
Sec. 3. (NEW) ( Effective January 1, 2027) (a) No person, other than a 143
self-funded multiple employer welfare arrangement trust, shall 144
establish or operate a self -funded multiple employer welfare 145
arrangement in this state. 146
(b) Any self -funded multiple employer welfare arrangement trust, 147
prior to establishing a self -funded multiple employer welfare 148
arrangement in this state, shall apply for and obtain a license from the 149
commissioner. The commissioner shall issue a license to such self -150
funded multiple employer welfare arrangement trust, provided such 151
trust satisfies all licensing requirements applicable to a health insurance 152
company pursuant to chapter 698 of the general statutes. Upon the 153
issuance of a license by the commissioner to a self -funded multiple 154
employer welfare arrangement trust, in accordance with the provisions 155
of this subsection, such trust shall comply with all requirements 156
applicable to health insurance companies set forth in title 38a of the 157
general statutes and any regulations adopted by the commissioner in 158
accordance with the provisions of chapter 54 of the general statutes. 159
(c) (1) The commissioner shall not issue a license to a self -funded 160
multiple employer welfare arrangement trust pursuant to subsection (b) 161
of this section, unless such trust has an initial combined capital and 162
surplus of (A) not less than four million dollars, or (B) an amount 163
determined by the commissioner under the provisions of regulations 164
adopted pursuant to subsection (k) of this section. 165
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(2) Beginning on April 1, 2027, any self -funded multiple employer 166
welfare arrangement trust that meets the licensing requirements 167
pursuant to subsection (b) of this section may offer a health benefit plan 168
to participating employees of one or more participating employers. 169
(d) Any health benefit plan issued by a self -funded multiple 170
employer welfare arrangement trust that covers participating 171
employees of one or more participating employers shall: 172
(1) Provide coverage for essential health benefits as defined in the 173
Patient Protection and Affordable Care Act, P.L. 111 -148, as amended 174
from time to time, or regulations adopted thereunder; 175
(2) Offer to each participating employer health benefit plans with a 176
minimum level of coverage designed to provide health benefits that are 177
actuarially equivalent, respectively, to not less than sixty per cent, not 178
less than sixty-eight per cent and not less than seventy-eight per cent of 179
the full actuarial value of the benefits provided under each health 180
benefit plan; 181
(3) Not limit or exclude coverage for any individual by imposing a 182
preexisting conditions provision on such individual; 183
(4) Not establish discriminatory rules based on the health status of an 184
individual related to health benefit plan eligibility, or rate or 185
contribution requirements; 186
(5) Establish base rates formed on an actuarially sound, modified 187
community rating methodology that considers the pooling of all 188
participating employees' claims; 189
(6) Utilize each participating employer's risk profile to determine 190
rates by actuarially adjusting above or below established base rates, and 191
utilize pooling or reinsurance of individual large claims to reduce the 192
adverse impact on any specific participating employer's rates. The self -193
funded multiple employer welfare arrangement trust shall establish the 194
applicable pooling point, which shall consistently apply to all such 195
participating employers; 196
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(7) Utilize actuarially sound underwriting methodologies for pricing 197
and renewing health benefit plans for participating employers; 198
(8) Adopt and maintain underwriting guidelines for evaluating 199
applicants and accepting such applicants as new participating 200
employers; 201
(9) Adopt and maintain renewal methodologies, which may be 202
reviewed by the commissioner; 203
(10) Use surplus in excess of an amount to be determined by the 204
commissioner on an annual basis to reduce health benefit plan 205
contribution amounts paid by participating employers and 206
participating employees; 207
(11) Make any health benefit plan available to all participating 208
employers regardless of any factor relating to the health status of such 209
participating employer or individuals eligible for coverage through any 210
participating employer; and 211
(12) With regard to participating employees, comply with the 212
notification requirements set forth in sections 38a -591c to 38a -591g, 213
inclusive, of the general statutes with respect to utilization review and 214
benefit determinations of a benefit request or claim. 215
(e) A sponsoring association shall form a self -funded multiple 216
employer welfare arrangement trust that shall establish, maintain and 217
offer health benefit plans for the self-funded multiple employer welfare 218
arrangement. Such trust shall be authorized to sell health benefit plans 219
to participating employers exclusively through insurance producers 220
licensed in accordance with chapter 702 of the general statutes, provided 221
such trust meets the following conditions: 222
(1) The self -funded multiple employer welfare arrangement trust 223
shall be subject to ERISA and any regulations or standards prescribed 224
by the United States Department of Labor pertaining to multiple 225
employer welfare arrangements; 226
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(2) A Form M-1 shall be filed each year by such trust with the United 227
States Department of Labor. For purposes of this subdivision, "Form M-228
1" means an annual report required by the United States Department of 229
Labor for multiple employer welfare arrangements that includes, but is 230
not limited to, the following: (A) Identification of the sponsoring 231
association and the self-funded multiple employer welfare arrangement 232
trust; and (B) a description of the health benefit plans offered through 233
such self-funded multiple employer welfare arrangement trust; 234
(3) Any organizational documents for a self -funded multiple 235
employer welfare arrangement trust shall: 236
(A) State that such self -funded multiple employer welfare 237
arrangement trust is sponsored by the sponsoring association; 238
(B) State that the purpose of such self -funded multiple employer 239
welfare arrangement trust is to provide health benefit plans to eligible 240
employers; 241
(C) Provide that self-funded multiple employer welfare arrangement 242
trust funds shall be used for the benefit of eligible employers through (i) 243
self-funding of claims or the purchase of reinsurance, or any 244
combination thereof, and (ii) defraying the costs and expenses of 245
administering and operating such self -funded multiple employer 246
welfare arrangement trust and any health benefit plan issued by such 247
trust; 248
(D) Limit participation in any health benefit plan to eligible 249
employers; 250
(E) Establish and maintain a board of trustees, composed of not less 251
than five trustees, that shall have fiscal control over such self -funded 252
multiple employer welfare arrangement trust for the purpose of 253
managing all health benefit plans established, maintained and offered 254
by such self-funded multiple employer welfare arrangement trust. Any 255
board of trustees shall have the authority to contract with any licensed 256
administrator or service company to administer the daily operations of 257
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the health benefit plans; 258
(F) Implement a process for the election of trustees to the board of 259
trustees; and 260
(G) Require each trustee to discharge such trustee's duties in 261
accordance with generally accepted fiduciary standards; 262
(4) The self -funded multiple employer welfare arrangement trust 263
shall establish and maintain reserves in accordance with any financial 264
and solvency requirements applicable to health insurance companies set 265
forth in title 38a of the general statutes and any regulations adopted by 266
the commissioner in accordance with the provisions of chapter 54 of the 267
general statutes; 268
(5) The self -funded multiple employer welfare arrangement trust 269
shall purchase and maintain an insurance policy providing coverage for 270
stop-loss insurance for each health benefit plan with retention levels 271
determined in accordance with actuarial principles from insurers 272
licensed to transact the business of insurance in this state; 273
(6) The self -funded multiple employer welfare arrangement trust 274
shall purchase and maintain an aggregate stop -loss insurance policy 275
with an attachment point equal to one hundred twenty -five per cent of 276
losses. The self -funded multiple employer welfare arrangement trust 277
may submit a written request to the commissioner to modify the 278
aggregate stop-loss policy. Not later than thirty calendar days after the 279
commissioner receives such request, the commissioner shall issue a 280
decision granting or denying such request; 281
(7) The self -funded multiple employer welfare arrangement trust 282
shall purchase and maintain commercially reasonable fiduciary liability 283
insurance from insurers licensed to transact the business of insurance in 284
this state; 285
(8) The self -funded multiple employer welfare arrangement trust 286
shall purchase and maintain commercially reasonable directors' and 287
officers' liability insurance from insurers licensed to transact the 288
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business of insurance in this state; 289
(9) The self -funded multiple employer welfare arrangement trust 290
shall purchase and maintain a bond in an amount and form approved 291
by the commissioner; and 292
(10) No self -funded multiple employer welfare arrangement trust 293
shall include in its name the words "insurance", "insurer", "underwriter", 294
"mutual" or any other word or term or combination of words or terms 295
that are descriptive of an insurance company or insurance business, 296
unless the context of such words or terms indicates that such self-funded 297
multiple employer welfare arrangement trust is not an insurance 298
company and is not transacting the business of insurance. 299
(f) Any board of trustees established pursuant to subsection (e) of this 300
section shall: 301
(1) Operate any health benefit plan in accordance with the fiduciary 302
standards set forth in the Consolidated Appropriations Act of 2021, P.L. 303
116-260, as amended from time to time, and all other generally accepted 304
fiduciary standards; and 305
(2) Pay all costs assessed by the commissioner in accordance with title 306
38a of the general statutes. Such board of trustees shall have the 307
authority to collect fees on a pro rata basis from the participating 308
employers. No self -funded multiple employer welfare arrangement 309
trust shall be subject to (A) the health and welfare fee required under 310
section 19a-7j of the general statutes, (B) the public health fee required 311
under section 19a-7p of the general statutes, (C) any payment required 312
under section 38a -48 of the general statutes, or (D) the premium tax 313
required under section 12-202 of the general statutes. 314
(g) Each participating employer shall be (1) liable for such 315
participating employer's allocated share of the liabilities arising under a 316
health benefit plan provided by the self -funded multiple employer 317
welfare arrangement trust, as determined by the board of trustees, and 318
(2) jointly and severally liable for additional amounts if the annual 319
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health benefit plan subscription amounts paid by all participating 320
employers of such plan result in a deficit of funds for the self -funded 321
multiple employer welfare arrangement trust. Each participating 322
employer's liability under this subsection shall not be assessed to 323
participating employees of such participating employer. 324
(h) Health benefit plan documents issued by any self-funded multiple 325
employer welfare arrangement trust to participating employers shall 326
have the following statement printed on the first page in fourteen-point 327
boldface type: "This health benefit plan is provided by a trust 328
established to provide health benefit plans to employees of employers 329
participating in a self -funded multiple employer welfare arrangement. 330
This health benefit plan is not insurance and is not offered through an 331
insurance company. This health benefit plan is not required to comply 332
with certain federal market requirements for health insurance, and is 333
not required to comply with certain state laws for health insurance. Each 334
participating employer shall be liable for such participating employer's 335
allocated share of the liabilities of the trust under all health benefit plans 336
offered by the trust, as determined by the board of trustees. Each 337
participating employer shall be jointly and severally liable for additional 338
amounts if the annual health benefit plan subscription amounts paid by 339
all participating employers and participating employees of such 340
participating employer result in a deficit of funds for the trust and for 341
any assessments by state regulators. The trust's financial statements 342
shall be made available upon request by any participating employer in 343
the self-funded multiple employer welfare arrangement.". 344
(i) Health benefit plan documents issued by any self-funded multiple 345
employer welfare arrangement trust to participating employees shall 346
have the following statement printed on the first page in fourteen-point 347
boldface type: "This health benefit plan is provided by a trust 348
established to provide health benefit plans to employees of employers 349
participating in a self -funded multiple employer welfare arrangement, 350
including your employer. This health benefit plan is not insurance and 351
is not offered through an insurance company. This health benefit plan is 352
not required to comply with certain federal market requirements for 353
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health insurance, and is not required to comply with certain state laws 354
for health insurance. Your employer shall be liable for such employer's 355
allocated share of the liabilities of the trust under all health benefit plans 356
offered by the trust, as determined by the board of trustees. Your 357
employer shall be jointly and severally liable for additional amounts if 358
the annual health benefit plan subscription amounts paid by all 359
participating employers and participating employees of such 360
participating employer result in a deficit of funds for the trust and for 361
any assessments by state regulators. The trust's financial statements 362
shall be made available to you upon request. The Consumer Affairs 363
Division within the Insurance Department is available to assist you with 364
questions that you may have concerning this health benefit plan.". The 365
notice shall include the telephone number and electronic mail address 366
for the Consumer Affairs Division. 367
(j) No self-funded multiple employer welfare arrangement trust shall 368
be subject to the Connecticut Insurance Guaranty Association 369
established pursuant to sections 38a -836 to 38a -853, inclusive, of the 370
general statutes. 371
(k) The commissioner may adopt regulations, in accordance with the 372
provisions of chapter 54 of the general statutes, to implement the 373
provisions of this section. 374
Sec. 4. Section 38a -567 of the general statutes is repealed and the 375
following is substituted in lieu thereof (Effective January 1, 2027): 376
Health insurance plans, associations of small employers and other 377
insurance arrangements covering small employers and insurers and 378
producers marketing such plans and arrangements shall be subject to 379
the following provisions: 380
(1) (A) Any such plan or arrangement shall be offered on a 381
guaranteed issue basis with respect to all eligible employees or 382
dependents of such employees, at the option of the small employer, 383
policyholder or contractholder, as the case may be. 384
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(B) Any such plan or arrangement shall be renewable with respect to 385
all eligible employees or dependents at the option of the small employer, 386
policyholder or contractholder, as the case may be, except: (i) For 387
nonpayment of the required premiums by the small employer, 388
policyholder or contractholder; (ii) for fraud or misrepresentation of the 389
small employer, policyholder or contractholder or, with respect to 390
coverage of individual insured, the insureds or their representatives; 391
(iii) for noncompliance with plan or arrangement provisions; (iv) when 392
the number of insureds covered under the plan or arrangement is less 393
than the number of insureds or percentage of insureds required by 394
participation requirements under the plan or arrangement; or (v) when 395
the small employer, policyholder or contractholder is no longer actively 396
engaged in the business in which it was engaged on the effective date of 397
the plan or arrangement. 398
(C) Renewability of coverage may be effected by either continuing in 399
effect a plan or arrangement covering a small employer or by 400
substituting upon renewal for the prior plan or arrangement the plan or 401
arrangement then offered by the carrier that most closely corresponds 402
to the prior plan or arrangement and is available to other small 403
employers. Such substitution shall only be made under conditions 404
approved by the commissioner. A carrier may substitute a plan or 405
arrangement as set forth in this subparagraph only if the carrier effects 406
the same substitution upon renewal for all small employers previously 407
covered under the particular plan or arrangement, unless otherwise 408
approved by the commissioner. The substitute plan or arrangement 409
shall be subject to the rating restrictions specified in this section on the 410
same basis as if no substitution had occurred, except for an adjustment 411
based on coverage differences. 412
(D) Any such plan or arrangement shall provide special enrollment 413
periods (i) to all eligible employees or dependents as set forth in 45 CFR 414
147.104, as amended from time to time, and (ii) for coverage under such 415
plan or arrangement ordered by a court for a spouse or minor child of 416
an eligible employee where request for enrollment is made not later than 417
thirty days after the issuance of such court order. 418
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(2) (A) As used in this subdivision, "grandfathered plan" has the same 419
meaning as "grandfathered health plan" as provided in the Patient 420
Protection and Affordable Care Act, P.L. 111-148, as amended from time 421
to time. 422
(B) With respect to grandfathered plans issued to small employers, 423
except as a member of an association of small employers , the premium 424
rates charged or offered shall be established on the basis of a single pool 425
of all grandfathered plans , adjusted to reflect one or more of the 426
following classifications: 427
(i) Age, provided age brackets of less than five years shall not be 428
utilized; 429
(ii) Gender; 430
(iii) Geographic area, provided an area smaller than a county shall 431
not be utilized; 432
(iv) Industry, provided the rate factor associated with any industry 433
classification shall not vary from the arithmetic average of the highest 434
and lowest rate factors associated with all industry classifications by 435
greater than fifteen per cent of such average, and provided further, the 436
rate factors associated with any industry shall not be increased by more 437
than five per cent per year; 438
(v) Group size, provided the highest rate factor associated with group 439
size shall not vary from the lowest rate factor associated with group size 440
by a ratio of greater than 1.25 to 1.0; 441
(vi) Administrative cost savings resulting from the administration of 442
an association group plan or a plan written pursuant to section 5 -259, 443
provided the savings reflect a reduction to the small employer carrier's 444
overall retention that is measurable and specifically realized on items 445
such as marketing, billing or claims paying functions taken on directly 446
by the plan administrator or association, except that such savings may 447
not reflect a reduction realized on commissions; 448
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(vii) Savings resulting from a reduction in the profit of a carrier that 449
writes small business plans or arrangements for an association group 450
plan or a plan written pursuant to section 5 -259, provided any loss in 451
overall revenue due to a reduction in profit is not shifted to other small 452
employers; and 453
(viii) Family composition, provided the small employer carrier shall 454
utilize only one or more of the following billing classifications: (I) 455
Employee; (II) employee plus family; (III) employee and spouse; (IV) 456
employee and child; (V) employee plus one dependent; and (VI) 457
employee plus two or more dependents. 458
(C) (i) With respect to nongrandfathered plans issued to small 459
employers, except as a member of an association of small employers, the 460
premium rates charged or offered shall be established on the basis of a 461
single pool of all nongrandfathered plans, adjusted to reflect one or 462
more of the following classifications: 463
(I) Age, in accordance with a uniform age rating curve established by 464
the commissioner; or 465
(II) Geographic area, as defined by the commissioner. 466
(ii) Total premium rates for family coverage for nongrandfathered 467
plans shall be determined by adding the premiums for each individual 468
family member, except that with respect to family members under 469
twenty-one years of age, the premiums for only the three oldest covered 470
children shall be taken into account in determining the total premium 471
rate for such family. 472
(iii) Premium rates for employees and dependents for 473
nongrandfathered plans shall be calculated for each covered individual 474
and premium rates for the small employer group shall be calculated by 475
totaling the premiums attributable to each covered individual. 476
(iv) Premium rates for any given plan may vary by (I) actuarially 477
justified differences in plan design, and (II) actuarially justified amounts 478
to reflect the policy's provider network and administrative expense 479
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differences that can be reasonably allocated to such policy. 480
(3) No small employer carrier or producer shall, directly or indirectly, 481
engage in the following activities: 482
(A) Encouraging or directing small employers to refrain from filing 483
an application for coverage with the small employer carrier because of 484
the health status, claims experience, industry, occupation or geographic 485
location of the small employer, except the provisions of this 486
subparagraph shall not apply to information provided by a small 487
employer carrier or producer to a small employer regarding the carrier's 488
established geographic service area or a restricted network provision of 489
a small employer carrier; or 490
(B) Encouraging or directing small employers to seek coverage from 491
another carrier because of the health status, claims experience, industry, 492
occupation or geographic location of the small employer. 493
(4) No small employer carrier shall, directly or indirectly, enter into 494
any contract, agreement or arrangement with a producer that provides 495
for or results in the compensation paid to a producer for the sale of a 496
health benefit plan to be varied because of the health status, claims 497
experience, industry, occupation or geographic area of the small 498
employer. A small employer carrier shall provide reasonable 499
compensation, as provided under the plan of operation of the program, 500
to a producer, if any, for the sale of a health care plan. No small 501
employer carrier shall terminate, fail to renew or limit its contract or 502
agreement of representation with a producer for any reason related to 503
the health status, claims experience, occupation, or geographic location 504
of the small employers placed by the producer with the small employer 505
carrier. 506
(5) No small employer carrier or producer shall induce or otherwise 507
encourage a small employer to separate or otherwise exclude an 508
employee from health coverage or benefits provided in connection with 509
the employee's employment. 510
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(6) No small employer carrier or producer shall disclose (A) to a small 511
employer the fact that any or all of the eligible employees of such small 512
employer have been or will be reinsured with the pool, or (B) to any 513
eligible employee or dependent the fact that he has been or will be 514
reinsured with the pool. 515
(7) If a small employer carrier enters into a contract, agreement or 516
other arrangement with another party to provide administrative, 517
marketing or other services related to the offering of health benefit plans 518
to small employers in this state, the other party shall be subject to the 519
provisions of this section. 520
(8) The commissioner may adopt regulations, in accordance with the 521
provisions of chapter 54, setting forth additional standards to provide 522
for the fair marketing and broad availability of health benefit plans to 523
small employers. 524
(9) Any violation of subdivisions (3) to (7) , inclusive, of this section 525
and of any regulations established under subdivision (8) of this section 526
shall be an unfair and prohibited practice under sections 38a-815 to 38a-527
830, inclusive. 528
Sec. 5. Subsection (a) of section 38a -9 of the 2026 supplement to the 529
general statutes is repealed and the following is substituted in lieu 530
thereof (Effective January 1, 2027): 531
(a) Notwithstanding the provisions of section 4 -8, there shall be a 532
Division of Consumer Affairs within the Insurance Department, which 533
division shall act on the Insurance Commissioner's behalf and at his 534
direction in order to carry out his responsibilities under this title with 535
respect to such matters. The division shall receive and review 536
complaints from residents of this state concerning their insurance 537
problems and problems arising out of health benefit plans, as defined in 538
section 2 of this act, including claims disputes, and serve as a mediator 539
in such disputes in order to assist the commissioner in determining 540
whether statutory requirements and contractual obligations within the 541
commissioner's jurisdiction have been fulfilled. There shall be a director 542
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of said division, who shall be provided with sufficient staff. The division 543
shall serve to coordinate all appropriate facilities in the department in 544
addressing such complaints, and conduct any outreach programs 545
deemed necessary to properly inform and educate the public on 546
insurance matters. The director shall submit quarterly reports to the 547
commissioner, which shall state the number of complaints received by 548
the division in such calendar quarter, the Connecticut premium or 549
premium equivalent volume of the appropriate line of each insurance 550
company or self-funded multiple employer welfare arrangement trust, 551
as defined in section 2 of this act, against which a complaint has been 552
filed, the types of complaints received, and the number of such 553
complaints which have been resolved. Such reports shall be published 554
every six months and copies shall be made available to any interested 555
resident of this state upon request. The commissioner shall report, in 556
accordance with section 11 -4a, to the joint standing committee of the 557
General Assembly having cognizance of matters relating to insurance 558
on or before January fifteenth annually, concerning the findings of such 559
reports and suggestions for legislative initiatives to address recurring 560
problems. 561
Sec. 6. Section 38a -14 of the general statutes is repealed and the 562
following is substituted in lieu thereof (Effective January 1, 2027): 563
(a) For the purposes of this section, "company" means any insurance 564
company, self-funded multiple employer welfare arrangement trust, as 565
defined in section 2 of this act, or health care center doing business in 566
this state, any corporation or association collecting data utilized by any 567
such insurance company in the underwriting of insurance policies and 568
any corporation organized under any law of this state or having an 569
office in this state, which corporation is engaged in, or claiming or 570
advertising that it is engaged in, organizing or receiving subscriptions 571
for or disposing of stock of, or in any manner aiding or taking part in 572
the formation or business of, an insurance company or companies, or 573
that is holding the capital stock of one or more insurance corporations 574
for the purpose of controlling the management thereof, as voting 575
trustees or otherwise. 576
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(b) The commissioner shall, as often as the commissioner deems it 577
expedient, examine into the affairs of any company. In scheduling and 578
determining the nature, scope and frequency of the examinations, the 579
commissioner shall consider such matters as the results of financial 580
statement analyses and ratios, changes in management or ownership, 581
actuarial opinions, reports of independent certified public accountants 582
and such other criteria as set forth in the examiners' handbook adopted 583
by the National Association of Insurance Commissioners and in effect 584
at the time the commissioner exercises discretion under this section. 585
(c) (1) To carry out examinations under this section, the commissioner 586
may appoint one or more competent persons as examiners, who shall 587
not be officers of, connected with or interested in any company, other 588
than as policyholders. The commissioner may engage the services of 589
attorneys, appraisers, independent actuaries, independent certified 590
public accountants or other professionals and specialists as examiners 591
to assist the commissioner in conducting the examinations under this 592
section, the cost of which shall be borne by the company that is the 593
subject of the examination. 594
(2) In conducting the examination, the commissioner, the 595
commissioner's actuary or any examiner authorized by the 596
commissioner may examine, under oath, the officers and agents of such 597
a company, and all persons deemed to have material information 598
regarding the company's property or business. Each such company or 599
its officers and agents shall produce the books and papers in its or their 600
possession, relating to its business or affairs, and any other person may 601
be required to produce any book or paper in such person's custody that 602
is deemed to be relevant to such examination, for inspection by the 603
commissioner, the commissioner's actuary or examiners. The officers 604
and agents of the company shall facilitate the examination and aid the 605
examiners in making the same so far as it is in their power to do so. The 606
refusal of any company, by its officers, directors, employees or agents, 607
to submit to examination or to comply with any reasonable written 608
request of the examiners shall be grounds for suspension of, refusal of 609
or nonrenewal of any license or authority held by the company to 610
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sHB5378 / File No. 246 21
engage in an insurance or other business subject to the commissioner's 611
jurisdiction. Any such proceedings for suspension, revocation or refusal 612
of any license or authority shall be conducted pursuant to subsection (c) 613
of section 38a-41. 614
(3) In conducting the examination, the examiner shall observe those 615
guidelines and procedures set forth in the examiners' handbook 616
adopted by the National Association of Insurance Commissioners. The 617
commissioner may also adopt such other guidelines or procedures as 618
the commissioner may deem appropriate. 619
(d) In lieu of an examination under this section of any foreign or alien 620
insurer licensed in this state, the commissioner may accept an 621
examination report on such insurer prepared by the insurance 622
department for the insurer's state of domicile or port-of-entry state if (1) 623
such state's insurance department was, at the time of the examination, 624
accredited under the National Association of Insurance Commissioners' 625
financial regulation standards and accreditation program, or (2) the 626
examination is performed under the supervision of an accredited 627
insurance department or with the participation of one or more 628
examiners who are employed by such an accredited state insurance 629
department and who, after a review of the examination workpapers and 630
report, state under oath that the examination was performed in a 631
manner consistent with the standards and procedures required by their 632
insurance department. 633
(e) (1) Nothing contained in this section shall be construed to limit the 634
commissioner's authority to terminate or suspend any examination in 635
order to pursue legal or regulatory action pursuant to the insurance 636
laws of this state. Findings of fact and conclusions made pursuant to any 637
examination shall be prima facie evidence in any legal or regulatory 638
action. 639
(2) Nothing contained in this section shall be construed to limit the 640
commissioner's authority in such legal or regulatory action to use and, 641
if appropriate, to make public any final or preliminary examination 642
report, any examiner or company workpapers or other documents, or 643
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sHB5378 / File No. 246 22
any other information discovered or developed during the course of any 644
examination. 645
(3) Not later than sixty days following completion of the examination, 646
the examiner in charge shall file, under oath, with the Insurance 647
Department a verified written report of examination. Upon receipt of 648
the verified report, the Insurance Department shall transmit the report 649
to the company examined, together with a notice that shall afford the 650
company examined a reasonable opportunity, not to exceed thirty days, 651
to make a written submission or rebuttal with respect to any matters 652
contained in the examination report. Not later than thirty days after the 653
period allowed for the receipt of written submissions or rebuttals, the 654
commissioner shall fully consider and review the report, together with 655
any written submissions or rebuttals and any relevant portions of the 656
examiner's workpapers and enter an order: (A) Adopting the 657
examination report as filed or with modification or corrections. If the 658
examination report reveals that the company is operating in violation of 659
any law, regulation or prior order of the commissioner, the 660
commissioner may order the company to take any action the 661
commissioner considers necessary and appropriate to cure such 662
violation; (B) rejecting the examination report with directions to the 663
examiners to reopen the examination for purposes of obtaining 664
additional data, documentation or information, and refiling pursuant to 665
this subdivision; or (C) calling for an investigatory hearing with not less 666
than twenty days' notice to the company for purposes of obtaining 667
additional documentation, data, information and testimony. 668
(4) (A) The commissioner shall transmit the examination report 669
adopted pursuant to subparagraph (A) of subdivision (3) of this 670
subsection or a summary thereof to the company examined, together 671
with any recommendations or written statements from the 672
commissioner or the examiner. The secretary of the board of directors or 673
similar governing body of the company shall provide a copy of the 674
report or summary to each director and shall certify to the 675
commissioner, in writing, that a copy of the report or summary has been 676
provided to each director. 677
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sHB5378 / File No. 246 23
(B) Not later than one hundred twenty days after receiving the report 678
or summary, the chief executive officer or the chief financial officer of 679
the company examined shall present the report or summary to the 680
company's board of directors or similar governing body at a regular or 681
special meeting. 682
(f) (1) All orders entered pursuant to subdivision (3) of subsection (e) 683
of this section shall be accompanied by findings and conclusions 684
resulting from the commissioner's consideration and review of the 685
examination report, relevant examiner workpapers and any written 686
submissions or rebuttals. The findings and conclusions that form the 687
basis of any such order of the commissioner shall be subject to review as 688
provided in section 38a-19. 689
(2) Any investigatory hearing conducted under subparagraph (C) of 690
subdivision (3) of subsection (e) of this section by the commissioner or 691
the commissioner's authorized representative, shall be conducted as a 692
nonadversarial confidential investigatory proceeding as necessary for 693
the resolution of any inconsistencies, discrepancies or disputed issues 694
apparent (A) upon the filed examination report, (B) raised by or as a 695
result of the commissioner's review of relevant workpapers, or (C) by 696
the written submission or rebuttal of the company. Not later than 697
twenty days after the conclusion of any such hearing, the commissioner 698
shall enter an order pursuant to subparagraph (A) of subdivision (3) of 699
subsection (e) of this section. The commissioner shall not appoint an 700
examiner as an authorized representative to conduct the hearing. The 701
hearing shall proceed expeditiously with discovery by the company 702
limited to the examiner's workpapers that tend to substantiate any 703
assertions set forth in any written submission or rebuttal. The 704
commissioner or the commissioner's authorized representative may 705
issue subpoenas for the attendance of any witnesses or the production 706
of any documents deemed relevant to the investigation, whether under 707
the control of the department, the company or other persons. The 708
documents produced shall be included in the record and testimony 709
taken by the commissioner or the commissioner's authorized 710
representative shall be under oath and preserved for the record. 711
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sHB5378 / File No. 246 24
Nothing contained in this section shall require the department to 712
disclose any information or records that would indicate or show the 713
existence or content of any investigation or activity of a criminal justice 714
agency. The hearing shall proceed with the commissioner or the 715
commissioner's authorized representative posing questions to the 716
persons subpoenaed. Thereafter, the company and the Insurance 717
Department may present testimony relevant to the investigation. Cross-718
examination shall be conducted only by the commissioner or the 719
commissioner's authorized representative. The company and the 720
Insurance Department shall be permitted to make closing statements 721
and may be represented by counsel of their choice. 722
(g) The commissioner may, if the commissioner deems it in the public 723
interest, publish any such report, or the result of any such examination 724
contained therein, in one or more newspapers of the state. 725
(h) The commissioner shall, at least once in every five years, visit and 726
examine the affairs of each domestic insurer, domestic health care 727
center, domestic fraternal benefit society, self-funded multiple 728
employer welfare arrangement trust, as defined in section 2 of this act, 729
and foreign and alien insurer doing business in this state. 730
Notwithstanding subdivision (1) of subsection (c) of this section, no 731
domestic insurer or such other domestic entity subject to examination 732
under this section shall pay as costs associated with the examination the 733
salaries, fringe benefits or travel and maintenance expenses of 734
examining personnel of the Insurance Department engaged in such 735
examination if such domestic insurer or domestic entity is otherwise 736
liable to assessment levied under section 38a-47, except that a domestic 737
insurer or such other domestic entity shall pay the travel and 738
maintenance expenses of examining personnel of the Insurance 739
Department when such insurer or entity is examined outside the state. 740
(i) Nothing contained in this section shall prevent or be construed as 741
prohibiting the commissioner from disclosing the content of an 742
examination report, preliminary examination report or results, or any 743
matter relating thereto, to the Insurance Department of this or any other 744
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sHB5378 / File No. 246 25
state or country, or to law enforcement officials of this or any other state 745
or to any agency of the federal government at any time, so long as such 746
agency or office receiving the report or matters relating thereto agrees, 747
in writing, to hold such report and matters relating thereto confidential. 748
(j) All workpapers, recorded information, documents and copies 749
thereof produced by, obtained by or disclosed to the commissioner or 750
any other person in the course of an examination made under this 751
section shall be confidential, shall not be subject to subpoena and shall 752
not be made public by the commissioner or any other person, except to 753
the extent provided in subsection (i) of this section. The commissioner 754
may grant access to such workpapers, recorded information, documents 755
and copies thereof to the National Association of Insurance 756
Commissioners, provided said association agrees, in writing, to hold 757
such workpapers, recorded information, documents and copies thereof 758
confidential. 759
(k) (1) The commissioner may from time to time engage, on an 760
individual basis, the services of qualified actuaries, certified public 761
accountants or other similar individuals who are independently 762
practicing their professions, even though said persons may from time to 763
time be similarly employed or retained by persons subject to 764
examination under this section. 765
(2) No cause of action shall arise nor shall any liability be imposed 766
against the commissioner, the commissioner's authorized 767
representatives or any examiner appointed by the commissioner for any 768
statements made or conduct performed in good faith while carrying out 769
the provisions of this section. 770
(3) No cause of action shall arise, nor shall any liability be imposed 771
against any person for the act of communicating or delivering 772
information or data to the commissioner or the commissioner's 773
authorized representative examiner pursuant to an examination made 774
under this section, if such act of communication or delivery was 775
performed in good faith and without fraudulent intent or the intent to 776
deceive. 777
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sHB5378 / File No. 246 26
(4) This section shall not abrogate or modify in any way any common 778
law or statutory privilege or immunity heretofore enjoyed by any 779
person identified in subdivision (2) of this subsection. 780
(5) A person identified in subdivision (2) of this subsection shall be 781
entitled to an award of attorney's fees and costs if such person is the 782
prevailing party in a civil action for libel, slander or any other relevant 783
tort arising out of activities in carrying out the provisions of this section 784
and the party bringing the action was not substantially justified in doing 785
so. For purposes of this section, a proceeding is "substantially justified" 786
if it had a reasonable basis in law or fact at the time that it was initiated. 787
Sec. 7. Section 38a -15 of the general statutes is repealed and the 788
following is substituted in lieu thereof (Effective January 1, 2027): 789
(a) The commissioner shall, as often as the commissioner deems it 790
expedient, undertake a market conduct examination of the affairs of any 791
insurance company, health care center, self-funded multiple employer 792
welfare arrangement trust, as defined in section 2 of this act, third-party 793
administrator, as defined in section 38a-720, or fraternal benefit society 794
doing business in this state. Any such examination may be conducted in 795
accordance with the procedures and definitions set forth in the National 796
Association of Insurance Commissioners' Market Regulation 797
Handbook. 798
(b) To carry out the examinations under this section, the 799
commissioner may appoint, as market conduct examiners, one or more 800
competent persons, who shall not be officers of, or connected with or 801
interested in, any insurance company, health care center, self-funded 802
multiple employer welfare arrangement trust, third-party administrator 803
or fraternal benefit society, other than as a policyholder. In conducting 804
the examination, the commissioner, the commissioner's actuary or any 805
examiner authorized by the commissioner may examine, under oath, 806
the officers and agents of such insurance company, health care center, 807
self-funded multiple employer welfare arrangement trust, third-party 808
administrator or fraternal benefit society and all persons deemed to 809
have material information regarding the company's, center's, self-810
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sHB5378 / File No. 246 27
funded multiple employer welfare arrangement trust's, administrator's 811
or society's property or business. Each such company, center, self-812
funded multiple employer welfare arrangement trust, administrator or 813
society, its officers and agents, shall produce the books and papers, in 814
its or their possession, relating to its business or affairs, and any other 815
person may be required to produce any book or paper in such person's 816
custody, deemed to be relevant to the examination, for the inspection of 817
the commissioner, the commissioner's actuary or examiners, when 818
required. The officers and agents of the company, center, self-funded 819
multiple employer welfare arrangement trust, administrator or society 820
shall facilitate the examination and aid the examiners in making the 821
same so far as it is in their power to do so. 822
(c) Each market conduct examiner shall make a full and true report 823
of each market conduct examination made by such examiner, which 824
shall comprise only facts appearing upon the books, papers, records or 825
documents of the examined company, center, self-funded multiple 826
employer welfare arrangement trust, administrator or society or 827
ascertained from the sworn testimony of its officers or agents or of other 828
persons examined under oath concerning its affairs. The examiner's 829
report shall be presumptive evidence of the facts therein stated in any 830
action or proceeding in the name of the state against the company, 831
center, self-funded multiple employer welfare arrangement trust, 832
administrator or society, its officers or agents. The commissioner shall 833
grant a hearing to the company, center, self-funded multiple employer 834
welfare arrangement trust, administrator or society examined before 835
filing any such report and may withhold any such report from public 836
inspection for such time as the commissioner deems proper. The 837
commissioner may, if the commissioner deems it in the public interest, 838
publish any such report, or the result of any such examination contained 839
therein, in one or more newspapers of the state. 840
(d) (1) All the expense of any examination made under the authority 841
of this section, other than examinations of domestic insurance 842
companies and domestic health care centers, shall be paid by the 843
company, center, self-funded multiple employer welfare arrangement 844
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sHB5378 / File No. 246 28
trust, administrator or society examined. 845
(2) No domestic insurance company or domestic health care center 846
subject to an examination under this section shall pay as costs associated 847
with the examination the salaries, fringe benefits or travel and 848
maintenance expenses of examining personnel of the Insurance 849
Department engaged in such examination if such domestic insurance 850
company or domestic health care center is otherwise liable to 851
assessment levied under section 38a-47, except that domestic insurance 852
companies and domestic health care centers examined outside the state 853
shall pay the travel and maintenance expenses of such examining 854
personnel. 855
(e) (1) No cause of action shall arise nor shall any liability be imposed 856
against the commissioner, the commissioner's authorized representative 857
or any examiner appointed or engaged by the commissioner for any 858
statements made or conduct performed in good faith while carrying out 859
the provisions of this section. 860
(2) No cause of action shall arise nor shall any liability be imposed 861
against any person for the act of communicating or delivering 862
information or data pursuant to an examination made under the 863
authority of this section to the commissioner, the commissioner's 864
authorized representative or an examiner if such communication or 865
delivery was performed in good faith and without fraudulent intent or 866
the intent to deceive. 867
(3) The provisions of this subsection shall not abrogate or modify any 868
common law or statutory privilege or immunity heretofore enjoyed by 869
any person identified in subdivision (1) of this subsection. 870
(f) Nothing in this section shall be construed to prevent or prohibit 871
the commissioner from disclosing at any time the content or results of 872
an examination report or a preliminary examination report or any 873
matter relating to such report, to (1) the insurance regulatory officials of 874
this state or any other state or country, (2) law enforcement officials of 875
this or any other state, or (3) any agency of this or any other state or of 876
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sHB5378 / File No. 246 29
the federal government, provided such officials or agency receiving the 877
report or matters relating to the report agrees, in writing, to hold such 878
report or matters confidential. 879
(g) All workpapers, recorded information, documents and copies 880
thereof produced by, obtained by or disclosed to the commissioner or 881
any other person in the course of an examination made under the 882
authority of this section shall be confidential, shall not be subject to 883
subpoena and shall not be made public by the commissioner or any 884
other person, except to the extent provided in subsection (f) of this 885
section. The commissioner may grant access to such workpapers, 886
recorded information, documents and copies to the National 887
Association of Insurance Commissioners, provided said association 888
agrees, in writing, to hold such workpapers, recorded information, 889
documents and copies thereof confidential. 890
Sec. 8. (Effective from passage) (a) As used in this section: 891
(1) "Affordable Care Act" means the Patient Protection and 892
Affordable Care Act, P.L. 111 -148, as amended by the Health Care and 893
Education Reconciliation Act, P.L. 111 -152, as both may be amended 894
from time to time, and regulations adopted pursuant to said acts; 895
(2) "Connecticut Option program" means a standardized health 896
benefit plan designed by the state to reduce health care coverage costs 897
and made available through private or commercial insurance carriers to 898
individuals in the state; 899
(3) "Exchange" means the Connecticut Health Insurance Exchange 900
established under section 38a-1081 of the general statutes; 901
(4) "Health benefit plan" has the same meaning as provided in section 902
38a-1080 of the general statutes; 903
(5) "State innovation waiver" means a waiver of one or more 904
requirements of the Affordable Care Act authorized under Section 1332 905
of said act; and 906
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(6) "Secretary" means the Secretary of the Office of Policy and 907
Management. 908
(b) The Office of Policy and Management shall, within available 909
resources, study the feasibility of establishing the Connecticut Option 910
program with the goal of reducing health insurance premiums. The 911
study shall include analyses, conclusions and recommendations 912
sufficient for the secretary, in consultation with the Insurance 913
Commissioner, to evaluate and compare design models. The study shall 914
include, but need not be limited to: 915
(1) A review of the efficacy, impact and reasonableness of proposed 916
program design elements, including, but not limited to: (A) Provider 917
reimbursement methodologies; (B) value -based or performance -based 918
contracting arrangements; (C) enrollee cost -sharing and premium 919
affordability targets; (D) incentives or rewards for the delivery of high -920
quality, cost -effective health care; and (E) any state -specific premium 921
assistance programs or risk stabilization programs, including, but not 922
limited to, a state -operated reinsurance program that may maximize 923
available federal funding pursuant to a state innovation waiver under 924
Section 1332 of the Affordable Care Act; 925
(2) Identification of any necessary statutory or regulatory changes 926
required for implementation; 927
(3) Determination of staffing needs across state agencies to effectively 928
implement the Connecticut Option program; 929
(4) Analysis of the state insurance market and projected impacts of 930
the Connecticut Option program on persons who receive health care 931
coverage through the exchange; and 932
(5) Required state action or design elements needed to achieve 933
multiple premium savings targets. 934
(c) Not later than January 15, 2027, the secretary shall file an interim 935
report, in accordance with the provisions of section 11-4a of the general 936
statutes, on the study conducted pursuant to subsection (b) of this 937
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sHB5378 / File No. 246 31
section with the joint standing committees of the General Assembly 938
having cognizance of matters relating to appropriations and the budgets 939
of state agencies, human services and insurance and real estate. Not later 940
than January 31, 2028, the secretary shall file a final report, in accordance 941
with the provisions of section 11 -4a of the general statutes, on the 942
feasibility of the Connecticut Option program and any 943
recommendations on implementing the program with the joint standing 944
committees of the General Assembly having cognizance of matters 945
relating to appropriations and the budgets of state agencies, human 946
services and insurance and real estate. 947
(d) If the secretary, in consultation with the Insurance Commissioner, 948
determines a Connecticut Option program is feasible after completion 949
of the study or related reports pursuant to subsections (b) and (c) of this 950
section, the secretary may direct the relevant state agency to develop 951
and implement a waiver under Section 1332 of the Affordable Care Act 952
or any applicable waiver from federal law that may be required to 953
maximize federal funding for the program or any component part of a 954
program design to help achieve health care savings. 955
This act shall take effect as follows and shall amend the following
sections:
Section 1 January 1, 2027 38a-1
Sec. 2 January 1, 2027 New section
Sec. 3 January 1, 2027 New section
Sec. 4 January 1, 2027 38a-567
Sec. 5 January 1, 2027 38a-9(a)
Sec. 6 January 1, 2027 38a-14
Sec. 7 January 1, 2027 38a-15
Sec. 8 from passage New section
INS Joint Favorable Subst.
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sHB5378 / File No. 246 32
The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of
the General Assembly, solely for purposes of information, summarization and explanation and do not
represent the intent of the General Assembly or either chamber thereof for any purpose. In general,
fiscal impacts are based upon a variety of informational sources, including the analyst’s professional
knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final
products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note
State Impact:
Agency Affected Fund-Effect FY 27 $ FY 28 $ FY 29 $
Policy & Mgmt.,
Off.
GF - Cost 1 million None None
Connecticut
Health Insurance
Exchange
EF - Revenue
Impact
None None Potential
Insurance Dept. IF - Cost See Below See Below See Below
Insurance Dept. IF - Revenue Gain See Below See Below See Below
Insurance Dept. GF - Potential
Revenue Gain
Minimal Minimal Minimal
Department of
Revenue Services
GF - Revenue
Impact
None Potential Potential
Note: EF=Enterprise Fund; IF=Insurance Fund; GF=General Fund
Municipal Impact: None
Explanation
The bill authorizes a self-funded multiple employer welfare
arrangement (MEWA) trust, once licensed by the Insurance Department
(DOI), to administer a health benefit plan that is not insurance but must
follow most of the rules for health insurance companies in the state. It
also permits associations of small employers purchasing health
insurance in the fully insured market to be subject to large group rating
rules in certain circumstances.
The bill results in: (1) costs and offsetting revenue to DOI associated
with regulating the self-funded MEWA trusts beginning as early as FY
27, (2) a potential minimal revenue gain to the General Fund from
license and filing fees of any new entities formed, (3) a potential revenue
impact to the General Fund associated with insurance premiums tax
beginning in FY 28, and (4) a potential revenue impact to the
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Connecticut Health Insurance Exchange (“exchange”) beginning in FY
29.
The bill also requires the Office of Policy Management (OPM) to
study the feasibility of establishing the Connecticut Option program
and provide a report by January 15, 2027. This results in a one-time cost
of $1 million to OPM in FY 27 for a consultant to conduct the study and
provide the report.
State Regulation Fiscal Impacts
The total annual costs for state regulation of self-funded MEWAs will
depend on the number of such entities that are established; however,
the cost per year to DOI is anticipated to exceed $18,000 each.1 The bill
requires that self -funded MEWAs reimburse DOI for costs associated
with their financial and market conduct examinations, so costs to DOI
under the bill will be mostly offset by Insurance Fund revenue gains to
the agency.
Costs related to regulating self -funded MEWA trusts could be
incurred beginning in FY 27, as the bill allows them to apply for a license
beginning as early as January 1, 2027, and to start offering health benefit
plans, once licensed, beginning April 1, 20 27. The entities will bear the
cost of the contracted services of attorneys, appraisers, independent
actuaries, independent certified public accountants, or other
professionals required to supplement agency staffing in order to
complete their financial exa minations and market conduct reviews.
They will also be billed for Insurance Department staff time in
connection with those examinations and reviews.
The bill gives employees covered by self -funded MEWA trusts’
health benefit plans access to the Division of Consumer Affairs at DOI,
1This figure ($18,000 per trust) reflects the staff time, at both analyst and supervisor
hourly rates, anticipated to be required to handle the new volume of work associated
with quarterly financial analysis of one such entity. A typical market conduct
examination is approximately $100,000, which would typically be done once every
three to five years.
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which could result in staff costs to the Insurance Fund, to the extent
additional staff are needed to handle the volume of complaints and
questions received. One additional Health Unit insurance examiner at a
cost of $147,000 annually ($79,000 for salary a nd $68,000 for fringe
benefits) is anticipated to be required if approximately 100,000 people
become covered by the trusts.
The bill requires the trusts to pay the same license and filing fees
applicable to health insurance companies, which include: (1) the pre -
license document filing fee of $220, (2) the annual license fee of $200,
and (3) the annual report fee of $50. To the extent self-funded MEWA
trusts are formed and apply for licensure, the bill results in a minimal
annual revenue gain to the General Fund associated with these fees
beginning as early as FY 27. The bill allows DOI to adopt implementing
regulations, which ha s no fiscal impact because the agency has the
necessary expertise.
State Tax and Exchange Revenue Impacts
The bill may result in a change to the amount of net direct written
premiums in the fully insured market beginning in FY 27, with a
potential revenue impact beginning in FY 28, to the extent small
employers currently purchasing health insurance instead participate in
the new health plans permitted under the bill.2
The insurance premiums tax is levied at a rate of 1.5% on all net direct
premiums underwritten. The Department of Revenue Services collected
$275 million from the insurance premiums tax in FY 25; it is uncertain
how much of that revenue is from policies that could be affected by the
2 Significant uptake of self -funded MEWA trust health benefit plans by small
employers currently in the fully insured market could reduce the total amount of net
direct written premium that is taxed by the state because self-funded MEWA plans are
not an insurance product. However, if the risk pool of the small group fully insured
market deteriorates, there would be an offsetting effect in which premiums for the
remaining enrollees would rise. Enrollment in the small group market has already
been declining in recent years, with some small businesses moving to level -funded
plans (which are not part of the fully insured market). Self -funded MEWA trusts are
required to purchase certain insurance products (i.e., stop-loss, fiduciary liability, and
directors’ and officers’ liability).
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bill.
Significant uptake of the new health plans by businesses and
organizations currently in the fully insured small group market could
also impact exchange revenue by changing the base for its marketplace
assessment beginning in FY 29. The operations of the ex change are
almost entirely funded by its marketplace assessments, which are
charged at a rate of 1.85% on health and dental premiums in the fully
insured individual and small group markets.
The exchange marketplace assessment totaled approximately $36.6
million for FY 25, with small group premiums accounting for 43% of
that revenue (approximately $15.8 million annually). For context, fully
insured small group plan enrollment was 84,090 in 2023, and 76,047 in
2024.3
Insurance Fund Assessments
The bill does not impact the revenue to be collected by the
assessments that support the Insurance Fund, except to the extent that
more revenue is needed to support DOI costs for regulating self-funded
MEWA trusts than what is reimbursed by the entities. S elf-funded
MEWA trusts would not pay these assessments, premium taxes, or
assessments for the Life and Health Insurance Guaranty Association.
3 Connecticut Insurance Department, 2024 & 2025 Consumer Report Cards on Health
Insurance Carriers.
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OLR Bill Analysis
sHB 5378
AN ACT CONCERNING SELF -FUNDED MULTIPLE EMPLOYER
WELFARE ARRANGEMENTS AND REQUIRING A STUDY OF THE
FEASIBILITY OF ESTABLISHING THE CONNECTICUT OPTION
PROGRAM.
SUMMARY
This bill primarily establishes new requirements for self -funded
multiple employer welfare arrangements (MEWAs) and requires a
feasibility study for establishing the Connecticut Option Program.
Under the bill, a “self -funded MEWA” is a program established or
maintained for employer members to provide health benefit plans for
their employees and their dependents that is offered by a self -funded
MEWA trust. A “s elf-funded MEWA trust” is any trust a sponsoring
association establishes under the bill’s provisions.
Regarding self -funded MEWA trusts, the bill does, among other
things, the following :
1. requires them to (a) be licensed and formed by a sponsoring
association; (b) maintain specified capital and surplus, reserves,
stop-loss and liability insurance, and bonds; and (c) meet
coverage and document requirements for health benefit plans
they issue (§§ 1-3);
2. requires the Connecticut Insurance Department’s (CID) Division
of Consumer Affairs to receive and review complaints from
Connecticut residents about self -funded MEWA trust -issued
health benefit plans, including claims disputes (§ 5);
3. adds self-funded MEWA trusts to the list of companies that the
CID commissioner must visit to examine their affairs or carryout
market conduct examinations, as he deems expedient (§§ 6 & 7);
and
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4. authorizes the insurance commissioner to adopt implementing
regulations (§ 3).
It also excludes members of an association of small employers from
the existing requirement for how premium rates charged or offered by
certain plans issued to small employers, must be established (§ 4).
Lastly, it requires the Office of Policy Management (OPM) secretary,
in consultation with the insurance commissioner, to study the feasibility
of establishing the Connecticut Option Program aimed at reducing
health insurance premiums. OPM must report its findings and
recommendations to the legislature, by January 15, 2027, for the interim
report, and by January 31, 2028, for the final report (§ 8).
EFFECTIVE DATE: January 1, 2027, except the OPM study is effective
upon passage.
§§ 2 & 3 — SELF-FUNDED MEWA TRUSTS
Establishing a Self-Funded MEWA Trust (§ 3)
Under the bill, only self-funded MEWA trusts can establish or
operate a self -funded MEWA in Connecticut. The bill establishes
requirements related to licensure, health benefit plan coverage and
documents, a sponsoring association’s authority, organizational
documents, minimum reserves, stop -loss and liability insurance and
bond, board of trustees, and participating employers.
It also specifies that a self-funded MEWA trust is not subject to the
Connecticut Insurance Guaranty Association established under existing
law to protect insureds when the insurance company has financial
difficulty. Existing law requires all insurance companies to be a
guaranty association member as a condition of transacting business in
Connecticut.
Licensure (§ 3)
Under the bill, a self-funded MEWA trust must apply for and obtain
a license from the CID commissioner before establishing a self-funded
MEWA in Connecticut. The commissioner must issue a license to the
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trust if it satisfies all licensing requirements that apply to health
insurance companies under Connecticut’s insurance laws.
When the commissioner issues a license to the trust, it must comply
with all requirements applicable to health insurance companies under
existing insurance laws and regulations.
Starting April 1, 2027, any licensed self-funded MEWA trust may
offer a health benefit plan to participating employees of one or more
participating employers. A “health benefit plan” is a contract, certificate,
or agreement offered, delivered, issued for delivery, renewed,
amended, or continued in Connecticut by a self-funded MEWA trust to
provide, deliver, arrange for, pay for , or reimburse any of the costs of
the diagnosis, prevention, treatment, cure, or relief of a health condition,
illness, injury, or disease. It does not include insurance products.
Capital and Surplus Requirement. The commissioner requires a
self-funded MEWA trust to have an initial combined capital and surplus
of ( 1) at least $4 million dollars or ( 2) an amount the commissioner
determines under the implementing regulations.
Formation of a Self-Funded MEWA Trust by a Sponsoring
Association (§ 3)
Under the bill, a sponsoring association must form a self -funded
MEWA trust that establishes, maintains, and offers health benefit plans
for the self-funded MEWA. The trust must be authorized to sell health
benefit plans to participating employers exclusively through licensed
insurance producers. The trust must be subject to the federal Employee
Retirement Income Security Act (ERISA) and any U.S. Department of
Labor (DOL) regulations or standards about MEWAs; and must file a
Form M-1 each year with the U.S. DOL.
Under the bill, “Form M-1” is an annual report the U.S. DOL requires
for MEWAs that includes: (1) the sponsoring association’s and the self-
funded MEWA trust’s identification; and (2) a description of the health
benefit plans the trust offers.
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A “sponsoring association” is any industry trade group or other trade
group with employer members representing multiple trades domiciled
in this state that ( 1) is organized and has a written constitution or
bylaws, (2) has at least 500 employees of at least 25 employer members,
and (3) has been maintained in good faith for at least the immediately
preceding five years for purposes other than obtaining or providing
insurance.
An “e mployer member ” is an entity domiciled in , or has its
commercial domicile, in Connecticut and is a member of a sponsoring
association and employs more than one individual in Connecticut. It
may include the e mployer member ’s sponsoring association that is
domiciled in Connecticut and employs more than one individual in this
state.
Prohibited Use of Certain Words. A self-funded MEWA trust is
generally prohibited from including in its name the words “insurance,”
“insurer,” “underwriter,” “mutual,” or any other word or term or
combination of them that describe an insurance company or business .
The bill makes an exception if the context indicates that the trust is not
an insurance company and is not transacting insurance business.
The trust must also meet other conditions relating to its
organizational documents, minimum reserves, certain liability and
stop-loss insurance, and bond. These conditions are described below.
Organizational Documents. A self-funded MEWA trust’s
organizational documents must:
1. state that the trust is sponsored by the sponsoring association;
2. state that the trust’s purpose is to provide health benefit plans to
eligible employers;
3. provide that the trust’s funds are used to benefit eligible
employers through ( a) self -funding claims or purchas ing
reinsurance, or a combination of both , and ( b) defraying
administrative and operating costs and expenses the trust and
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any health benefit plan it issues;
4. limit participation in any health benefit plan to eligible
employers;
5. establish and maintain a board of trustees, of at least five trustees,
that have fiscal control over the trust to manage all health benefit
plans established, maintained, and offered by the trust;
6. implement a process to elect trustees to the board; and
7. require each trustee to perform his or her duties based on
generally accepted fiduciary standards.
Reserves. The trust must establish and maintain reserves consistent
with any state financial and solvency requirements under existing law
or regulations applicable to health insurance companies.
Stop-Loss Insurance. The trust must purchase and maintain a stop-
loss insurance policy providing coverage for each health benefit plan
with retention levels determined consistent with actuarial principles
from insurers licensed to transact insurance business in Connecticut.
The trust must purchase and maintain an aggregate stop -loss
insurance policy with an attachment point equal to 125% of losses and
may submit a written request to the CID commissioner for modification.
Within 30 calendar days after receiving the request, the commissioner
must issue a decision granting or denying it.
Liability Insurance and Bond Requirement. The bill requires trusts
to purchase and maintain commercially reasonable (1) fiduciary liability
insurance and (2) directors’ and officers’ liability insurance. These must
be purchased from a Connecticut-licensed insurer.
Trusts must also purchase and maintain a bond in an amount and
form the commissioner approves.
Health Benefit Plan Requirements (§ 3)
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Under the bill, a ny health benefit plan a self -funded MEWA trust
issues that covers participating employees of one or more participating
employers must:
1. provide coverage for essential health benefits according to the
federal Patient Protection and Affordable Care Act (ACA);
2. offer each participating employer health benefit plans with a
minimum coverage designed to provide health benefits that are
actuarially equivalent, respectively, to at least 60%, at least 68%,
and at least 78% of the full actuarial value of the benefits
provided under each health benefit plan;
3. not limit or exclude coverage for any individual by imposing a
preexisting conditions provision (one that limits or excludes
based on a condition that was present before the coverage’s
effective date, but does not include genetic information that is not
treated as a condition without a diagnosis of the condition or
pregnancy);
4. not set discriminatory rules based on the individual’s health
status related to health benefit plan eligibility or rate or
contribution requirements;
5. set base rates using an actuarially sound, modified community
rating methodology that considers pooling all participating
employees’ claims;
6. use each participating employer ’s risk profile to set rates by
actuarially adjusting above or below established base rates, and
using pooling or reinsurance of individual large claims to reduce
the adverse impact on any specific participating employer’s rates
(the trust must set the applicable pooling point, which must
consistently apply to all the participating employers);
7. use actuarially sound underwriting methodologies for pricing
and renewing health benefit plans for participating employers;
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8. adopt and maintain (a) underwriting guidelines to evaluate
applicants and accept them as new participating employers and
(b) renewal methodologies, which may be reviewed by the
commissioner;
9. use surplus above an amount the commissioner sets annually to
reduce the health benefit plan contribution amounts
participating employers and participating employees pay;
10. make any health benefit plan available to all participating
employers regardless of any factor relating to the health status of
the participating employer or individuals eligible for coverage
through any participating employer; and
11. regarding participating employees, comply with existing
notification requirements in existing laws that address utilization
review and benefit determinations of a benefit request or claim.
Health Benefit Plan Documents (§ 3)
Documents Issued to Employers . Health benefit plan documents
issued by any self-funded MEWA trust to participating employers must
have the following statement printed on the first page in 14-point
boldface type:
“This health benefit plan is provided by a trust established to provide
health benefit plans to employees of employers participating in a self -
funded multiple employer welfare arrangement. This health benefit
plan is not insurance and is not offered through an insurance company.
This health benefit plan is not required to comply with certain federal
market requirements for health insurance, and is not required to comply
with certain state laws for health insurance. Each participating employer
shall be liabl e for such participating employer ’s allocated share of the
liabilities of the trust under all health benefit plans offered by the trust,
as determined by the board of trustees. Each participating employer
shall be jointly and severally liable for additional amounts if the annual
health benefit plan subscription amounts paid by all partici pating
employers and participating employees of such participating employer
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result in a deficit of funds for the trust and for any assessments by state
regulators. The trust’s financial statements shall be made available upon
request by any participating employer in the self -funded multiple
employer welfare arrangement.”
Documents Issued to Employees. Health benefit plan documents
issued by any self-funded MEWA trust to participating employees must
have a substantially similar statement printed on it as the bill requires
for documents issued to employers, with the addition of information
that CID’s Consumer Affairs Division is available to help with any
questions about the health benefit plan. The notice must also include the
division’s telephone number and e-mail address.
Board of Trustees (§ 3)
Any board of trustees established under the bill must (1) operate any
health benefit plan with the fiduciary standards in the federal
Consolidated Appropriations Act and all other generally accepted
fiduciary standards ; and (2) p ay all costs the commissioner assessed
under the insurance statutes . The board is authorized to contract with
any licensed administrator or service company to administer the health
benefit plan’s daily operations.
The board of trustees has the authority to collect fees from the
participating employers on a pro rata basis. The bill exempts self-funded
MEWA trusts from the (1) health and welfare fee assessment, (2) public
health fee, (3) taxes or charges imposed on domestic insurers and other
entities, and (4) premium tax es imposed on domestic insurance
companies.
Participating Employers (§ 3)
Under the bill, each participating employer is (1) liable for its
allocated share of the liabilities from a health benefit plan a self-funded
MEWA trust provides, as the board of trustee’s determines; and (2)
jointly and severally liable for additional amounts if the annual health
benefit plan subscription amounts all participating employers pay result
in a deficit.
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The bill prohibits a participating employer ’s liability from being
assessed to the participating employer’s participating employees.
§ 5 — CID DIVISION OF CONSUMER AFFAIRS
Complaints
Under current law, CID’s Division of Consumer Affairs must receive
and review complaints from Connecticut residents related to their
insurance problems. The bill expands this to include problems arising
out of health benefit plans, including claims disputes.
Quarterly Reports to the Commissioner
Existing law requires the Consumer Affairs Division’s director to
report to the CID commissioner, the (1) number of complaints the
division received the calendar quarter and (2) Connecticut premium
volume for each line of insurance company. The bill expands this by
requiring the director to also include the premium equivalent volume
of a self-funded MEWA trust, against which a complaint has been filed,
the types of complaints received, and the number that have been
resolved. As under existing law for the insurance information, the
reports must be published every six months and copies made available
to interested residents upon request. The commissioner must also
annually submit the report’s findings and any legislative
recommendations to address recurring problems to the Insurance and
Real Estate Committee by January 15.
§§ 6 & 7 — INSURANCE COMMISSIONER’S OVERSIGHT
Visits and Examinations of Affairs (§ 6)
The bill gives the CID commissioner oversight over self -funded
MEWA trusts doing business in Connecticut and requires the
commissioner to visit and examine the trusts’ affairs at least once every
five years, as he is required to do under existing law for insurers doing
business in Connecticut.
Market Conduct Examinations (§ 7)
By law, the CID commissioner must make a market conduct
examination of regulated entities (insurers, HMOs, third -party
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administrators, and fraternal benefit societies doing business in
Connecticut) to determine their compliance with applicable state laws
and regulations. The bill adds self -funded MEWA trusts to the entities
that are subject to the commissioner’s market conduct examination and
makes corresponding changes to address how these exams are
conducted.
As under existing law, the examination must be done according to
the National Association of Insurance Commissioners ’ Market
Regulation Handbook. Generally, it is carried out by commissioner -
appointed examiners, who (1) examine the company’s books, papers,
records, or documents, along with information from the officers’ and
agents’ sworn testimony about the company’s affairs and (2) report on
them to the commissioner. The commissioner may publish the report if
he deems it in the public’s best interest to do so.
§ 4 — SMALL EMPLOYER ASSOCIATIONS
The law subjects health insurance plans, associations of small
employers, and other insurance arrangement s covering small
employers to certain provisions, such as those related to guarantee issue
and renewability.
Under existing law, with respect to plans issued to small employers,
the premium rates charged or offered must be set based on a single pool
of all grandfathered plans or non -grandfathered plans, as applicable ,
adjusted to reflect one or more of certain classifications (for example,
age, or geographic location). The bill exempts small employers who are
members of a small employers association from this requirement.
A “grandfathered plan” is a grandfathered health plan covered by
the section of the federal ACA that preserves the right to keep existing
coverage.
§ 8 — OPM STUDY OF THE CONNECTICUT OPTION PROGRAM
Connecticut Option Program Study
The bill requires OPM to study the feasibility of establishing the
Connecticut Option Program aimed at reducing health insurance
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premiums. This program is a standardized health benefit plan designed
by the state to lower health care coverage costs and is available through
private or commercial insurance carriers to individuals in Connecticut.
A “health benefit plan” under this program is an insurance policy or
contract offered, delivered, issued for delivery, renewed, amended, or
continued in Connecticut by a health carrier to provide, deliver, pay for,
or reimburse health care services costs. Coverage for certain types of
benefits is expr essly excluded, such as disability, specified accident or
accident only, long term care, Medicare or TriCare supplement, travel
health, any single service ancillary health (for example, vision, dental,
or presc ription drug coverage), or certain other limited scope,
supplemental, or fixed indemnity benefits.
The study must include enough analysis , conclusions , and
recommendations for the OPM secretary, in consultation with the CID
commissioner to evaluate and compare design models.
Components of the Study
The bill sets the components of the study and specifies that it must
review the efficacy, impact , and reasonableness of proposed program
design elements, including,
1. provider reimbursement methodologies;
2. value-based or performance-based contracting arrangements;
3. enrollee cost-sharing and premium affordability targets;
4. incentives or rewards for deliver ing high-quality, cost-effective
health care; and
5. any state -specific premium assistance programs or risk
stabilization programs under the ACA.
Under the bill, state-specific premium assistance programs or risk
stabilization programs include a state -operated reinsurance program
that may maximize available federal funding pursuant to a state
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innovation waiver under the ACA. A “state innovation waiver” is a
waiver of one or more of the ACA’s requirements.
The study must also:
1. identify any statutory or regulatory changes needed for
implementation;
2. determine staffing needs across state agencies to effectively
implement the program;
3. analyze the state insurance market and the program’s projected
impact on individuals who get health care coverage through the
Connecticut Health Insurance Exchange; and
4. require state action or design elements needed to achieve
multiple premium savings targets.
Interim and Final Reports to the Legislature
The OPM secretary must submit to the A ppropriations, Human
Services, and Insurance and Real Estate committees (1) an interim report
by January 15, 2027 , and (2) a final report on the program’s feasibility
and any recommendations on implementing it by January 31, 2028.
Federal Funding. After the study and the reports, if the secretary, in
consultation with the commissioner, determines that the program is
feasible, then he may direct the relevant state agency to develop and
implement any applicable federal waiver, including for the ACA,
required to maximize federal funding for the program or any part of it
designed to help achieve health care savings.
COMMITTEE ACTION
Insurance and Real Estate Committee
Joint Favorable Substitute
Yea 9 Nay 4 (03/12/2026)