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SECOND REGULAR SESSION
HOUSE BILL NO. 2612
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE HALEY .
5847H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 376, RSMo, by adding thereto one new section relating to long-term care
insurance.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 376, RSMo, is amended by adding thereto one new section, to be
2 known as section 376.1 135, to read as follows:
376.1 135. 1. For purposes of this section, the following terms mean:
2 (1) "Department", the department of commer ce and insurance;
3 (2) "Dir ector", the dir ector of the department or his or her designee;
4 (3) "Long-term care insurance", as such term is defined in section 376.1 100.
5 2. (1) The prov isions of this section shall apply to all policies deliver ed or issued
6 for delivery in this state for long-term care insurance on or after August 28, 2026.
7 (2) T o the extent a conflict arises between the pro visions in chapter 376 rel ating
8 to the filing and submission of policy forms for appr oval by the dir ector and this section
9 r elating to the long-term car e insurance pre mium rates filed with the dire ctor , the
10 pr ovisions of this section and rules pr omulgated hereu nder shall govern all policies
11 deliver ed or issued in this state for long-term car e insurance, on or after August 28,
12 2026.
13 (3) This section is not intended to supersede the obligations of entities subject to
14 the prov isions of sections 376.1 100 to 376.1 130 to comply with the substance of other
15 applicable insurance laws insofar as they do not conflict with the provi sions of sections
16 376.1 100 to 376.1 130 and this section, except that laws and regu lations designed and
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 intended to apply to Medicare supplement insurance policies shall not be applied to
18 long-term care insurance.
19 (4) Any policy or rider advertised, marketed, or offered as long-term car e or
20 nursing home insurance on or after August 28, 2026, shall comply with the pr ovisions of
21 sections 376.1 100 to 376.1 130 and this section.
22 3. (1) All premium rate schedules for long-term care insurance shall be filed by
23 the insurer with the department and shall be subject to the prior appr oval of the
24 dir ector before such rates can be implemented by the insurer .
25 (2) An insur er shall not charge a premium to an insur ed under a policy or
26 contract of long-term car e insurance befor e the applicable pr emium rate is filed with
27 and appr oved by the dir ector .
28 (3) An insurer shall not change the pr emium charged to an insur ed under a
29 policy or contract of long-term car e insurance until the applicable pre mium rate change
30 has been filed with and appr oved by the dir ector .
31 4. (1) The dir ector shall disappr ove or modify premium rates submitted by an
32 insur er if:
33 (a) It is determined that the benefits prov ided ar e unr easonable in r elation to the
34 pr emiums charged;
35 (b) The pr emium rates appear to be inadequate, unfairly discriminatory , or
36 excessive in rela tion to benefits; or
37 (c) The premiu m rate appears to be based on assumptions that are unr easonable
38 in the aggre gate or for each assumption individually .
39 (2) The director shall notify the insurer of his or her decision in writing as soon
40 as is practicable but not later than thirty days fr om the date of recei ving the filing of the
41 pr emium rate for long-term care insurance.
42 (3) If the dir ector disappr oves the pr emium rate filed by the insur er , the notice
43 shall contain the dir ector's reas ons for disappr oval and inform the insurer that the
44 insur er is entitled to appeal the decision or determination of disappr oval by filing an
45 appeal in the same manner as appeals are filed under the insurance laws of this state.
46 5. If no action is taken by the dir ector within ninety days to appr ove or
47 disappr ove the pr emium rates after they have been filed by the insurer , the premium
48 rates shall be deemed to be appr oved.
49 6. (1) If additional time is needed to r eview and make a determination on the
50 pr emium rate filing, the dir ector shall pr ovide written notice to the insurer that an
51 additional time period or periods, not to exceed ninety days per period, are needed to
52 complete a review of the pr emium rate filing.
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53 (2) Upon written application by the insur er , the dir ector may authorize a
54 pr emium rate filing that has been review ed to become effective before the expiration of
55 the additional time period indicated in subdivision (1) of this subsection.
56 7. The dir ector may disappr ove a pre viously appr oved pr emium rate filing at
57 any time after pr oviding written notice to the insurer and as provi ded in rules
58 pr omulgated by the department.
59 8. Any applicable pr emium rate or premium rate change of an insur er shall be
60 filed with the dir ector in accordance with the guidance issued by the dir ector by
61 bulletin, reg ulation, or other method.
62 9. In addition to the factors set forth in chapter 376 and applicable regu lations,
63 and subsection 4 of this section, the dir ector shall consider the following to the extent
64 appr opriate when determining whether to disappr ove or modify a pr emium rate filing
65 of an insurer:
66 (1) Past and pr ospective loss experience within and outside the state;
67 (2) Underwriting practice and judgment;
68 (3) A re asonable margin for res erve needs;
69 (4) Past and pr ospective expenses, both nationwide and those specifically
70 applicable to this state;
71 (5) Prior appr oved rate changes; and
72 (6) Any other rel evant factors necessary , including the factors set forth in the
73 r egulation.
74 10. (1) The dire ctor shall hold a public hearing or solicit public comments as a
75 part of the process to revi ew long-term car e insurance rate filings submitted by insurers
76 under this section. The dir ector shall pro vide all persons present at a public hearing
77 held under this section an opportunity to offer testimony or written comments. The
78 dir ector may place time limits on the testimony .
79 (2) Notwithstanding the pr ovisions of subdivision (1) of this subsection, if the
80 dir ector holds a public hearing or solicits public comments on a premium rate filing
81 under this subsection, some or all portions of the filing that ar e subject to disclosur e as a
82 part of the public hearing or solicitation of public comments may be open to public
83 inspection as authorized by applicable federal and state law .
84 1 1. Each pr emium rate decision of the dir ector made under this section is subject
85 to judicial revi ew in accordance with the insurance laws of this state.
86 12. The dir ector shall pr omulgate all necessary rules and re gulations for the
87 administration of this section. Any rule or portion of a rule, as that term is defined in
88 section 536.010, that is crea ted under the authority delegated in this section shall
89 become effective only if it complies with and is subject to all of the provi sions of chapter
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90 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable
91 and if any of the powers vested with the general assembly pursuant to chapter 536 to
92 r eview , to delay the effective date, or to disappr ove and annul a rule are subsequently
93 held unconstitutional, then the grant of rulemaking authority and any rule pr oposed or
94 adopted after August 28, 2026, shall be invalid and void.
✔
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