Section 16-12-7 - Loss ratio standards and refund or credit of premium(a) The following provisions of this subsection establish loss ratio standards: (1)(A) A Medicare supplement policy form or certificate form shall not be delivered or issued for delivery unless the policy form or certificate form can be expected, as estimated for the entire period for which rates are computed to provide coverage, to return to policyholders and certificate holders in the form of aggregate benefits (not including anticipated refunds or credits) provided under the policy form or certificate form:(i) At least 75 per cent of the aggregate amount of premiums earned in the case of group policies; or (ii) At least 65 per cent of the aggregate amount of premiums earned in the case of individual policies; (B) Calculated on the basis of incurred claims experience or incurred health care expenses where coverage is provided by a health maintenance organization on a service rather than reimbursement basis and earned premiums for the period and in accordance with accepted actuarial principles and practices. Incurred health care expenses where coverage is provided by a health maintenance organization shall not include:(i) Home office and overhead costs; (iii) Commissions and other acquisition costs;(vi) Administrative costs; and(vii) Claims processing costs.(2) All filings of rates and rating schedules shall demonstrate that expected claims in relation to premiums comply with the requirements of this section when combined with actual experience to date. Filings of rate revisions shall also demonstrate that the anticipated loss ratio over the entire future period for which the revised rates are computed to provide coverage can be expected to meet the appropriate loss ratio standards.(3) For purposes of applying subparagraph (a)(1)(A) of this section and paragraph (c)(3) of section 16-12-7.3 only, group policies issued as a result of solicitations of individuals through the mails or by mass media advertising (including both print and broadcast advertising) shall be deemed to be group policies.(4) For policies issued prior to September 3, 1992, expected claims in relation to premiums shall meet: (A) The originally filed anticipated loss ratio when combined with the actual experience since inception;(B) The appropriate loss ratio requirement from clauses (a)(1)(A)(i) and (ii) when combined with actual experience beginning with the effective date of this section; and(C) The appropriate loss ratio requirement from clauses (a)(1)(A)(i) and (ii) over the entire future period for which the rates are computed to provide coverage.(b) The following provisions of this subsection apply to refund or credit calculations: (1) An issuer shall collect and file with the commissioner by May 31 of each year the data contained in the applicable reporting form contained in Appendix A (Exhibit D (revised 2019)), located at the end of this chapter, which is made a part of this section, for each type in a standard Medicare supplement benefit plan.(2) If on the basis of the experience as reported the benchmark ratio since inception (ratio 1) (Exhibit E (revised 2019)) exceeds the adjusted experience ratio since inception (ratio 3), then a refund or credit calculation is required. The refund calculation shall be done on a statewide basis for each type in a standard Medicare supplement benefit plan. For purposes of the refund or credit calculation, experience on policies issued within the reporting year shall be excluded.(3) For the purposes of this section, policies or certificates issued prior to September 3, 1992, the issuer shall make the refund or credit calculation separately for all individual policies (including all group policies subject to an individual loss ratio standard when issued) combined and all other group policies combined for experience after the effective date of this section. The first report shall be due by May 31, 1999.(4) A refund or credit shall be made only when the benchmark loss ratio exceeds the adjusted experience loss ratio and the amount to be refunded or credited exceeds a de minimis level. The refund shall include interest from the end of the calendar year to the date of the refund or credit at a rate specified by the Secretary of Health and Human Services, but in no event shall it be less than the average rate of interest for thirteen-week Treasury notes. A refund or credit against premiums due shall be made by September 30 following the experience year upon which the refund or credit is based.(c) Annual filing of rates. An issuer of Medicare supplement policies and certificates issued before or after the effective date of this chapter in this State shall file annually its rates, rating schedule, and supporting documentation including ratios of incurred losses to earned premiums by policy duration for approval by the commissioner in accordance with the filing requirements and procedures prescribed by the commissioner. The supporting documentation shall also demonstrate in accordance with actuarial standards of practice using reasonable assumptions that the appropriate loss ratio standards can be expected to be met over the entire period for which rates are computed. The demonstration shall exclude active life reserves. An expected third-year loss ratio which is greater than or equal to the applicable percentage shall be demonstrated for policies or certificates in force less than three years. As soon as practicable, but prior to the effective date of enhancements in Medicare benefits, every issuer of Medicare supplement policies or certificates in this State shall file with the commissioner, in accordance with the applicable filing procedures of this State: (1)(A) Appropriate premium adjustments necessary to produce loss ratios as anticipated for the current premium for the applicable policies or certificates. The supporting documents necessary to justify the adjustment shall accompany the filing.(B) An issuer shall make the premium adjustments as are necessary to produce an expected loss ratio under the policy or certificate as will conform with minimum loss ratio standards for Medicare supplement policies and which are expected to result in a loss ratio at least as great as that originally anticipated in the rates used to produce current premiums by the issuer for the Medicare supplement policies or certificates. No premium adjustment which would modify the loss ratio experience under the policy other than the adjustments described herein shall be made with respect to a policy at any time other than upon its renewal date or anniversary date.(C) If an issuer fails to make premium adjustments acceptable to the commissioner, the commissioner may order premium adjustments, refunds, or premium credits deemed necessary to achieve the loss ratio required by this section.(2) Any appropriate riders, endorsements, or policy forms needed to accomplish the Medicare supplement policy or certificate modifications necessary to eliminate benefit duplications with Medicare. The riders, endorsements, or policy forms shall provide a clear description of the Medicare supplement benefits provided by the policy or certificate.(3) An issuer shall file a certification signed by a qualified actuary stating that premium rates meet the minimum benefit and loss ratio standards required in article 10A of chapter 431, HRS, and this chapter. In determining the accuracy of any certification, the commissioner may require the issuer to submit any additional information.(d) Public hearings. The commissioner may conduct a public hearing to gather information concerning a request by an issuer for an increase in a rate for a policy form or certificate form issued before or after the effective date of this chapter if the experience of the form for the previous reporting period is not in compliance with the applicable loss ratio standard. The determination of compliance is made without consideration of any refund or credit for the reporting period. Public notice of the hearing shall be furnished in a manner as provided by law.[Eff 5/17/82; am and comp 10/28/89; am and comp 12/27/90; am and comp 9/3/92; am and comp 7/6/99; am and comp 10/15/01; comp 12/9/02; am and comp 10/8/05; am and comp 9/25/09] (Auth: HRS §§ 431:2-201, 431:10A-304, 431:10A-305, 431:10A-306) (Imp: HRS §§ 431:2-201, 431:10A-304, 431:10A-305, 431:10A-306)