HB 1764 Modifies several provisions of law relating to the regulation of insurance

     Handler: Rupp

Current Bill Summary

- Prepared by Senate Research -


SS/SCS/HCS/HB 1764 - This act modifies provisions relating to insurance.

FREEDOM OF CHOICE IN HEALTH CARE

This act provides that no law shall compel a patient, employer, or health care provider to participate in any government or privately run health care system, nor prohibit a patient or employer from paying directly for legal health care services.

This act does not affect laws or regulations in effect as of January 1, 2010, affect which health care services a health care provider is required to perform, affect which health care services are provided by law, or prohibit care provided under worker's compensation (section 1.330). This provision is substantially similar to SS/SCS/SJR 25 (2010).

LIQUIDATION OF CERTAIN DOMESTIC FINANCIAL INSURANCE COMPANIES

Under this act, a domestic insurer organized as a stock insurance company may voluntarily dissolve and liquidate provided that the director of the Department of Insurance approves the articles of dissolution prior to the insurer's filing of such articles with the Secretary of State and the insurer files with the Secretary of State a copy of the director's approval, certified by the director, along with articles of dissolution.

In determining whether to approve the articles of dissolution, the director shall consider, among other factors, whether:

1) The insurer's annual financial statements filed with the director show no written insurance premiums for 5 years;

2) The insurer has demonstrated that all policyholder claims have been satisfied or have been transferred to another insurer in a transaction approved by the director; and

3) A market conduct examination of the insurer has been completed within the last 5 years (section 375.1175).

This provision is identical the one contained in SCS/SB 834 and the truly agreed to version of SB 583 (2010).

This act has a referendum clause and proposed ballot language.

STEPHEN WITTE


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