HCS/SCS/SB 334 - This act addresses several provisions of law, including: (1) immunization education; (2) sexual assault reporting; (3) long-term care insurance; (4) fair board liability insurance; (5) interest on insurance company claims; (6) group health insurance; (7) life insurance policies; (8) fire insurance policies; and (9) commercial property and casualty insurance policies.IMMUNIZATION EDUCATION (Section 198.053)
Under this act, all Missouri assisted living facilities shall, no later than October 1 each year, notify residents and staff where in the facility the latest edition of the Vaccine Informational Sheet published by the Centers for Disease Control has been posted. Nothing in this act shall be construed to require any assisted living facility to pay for an influenza vaccination, allow the Department of Health and Senior Services to promulgate any rules to implement this provision, or cite any facility for acting in good faith to post the Vaccine Informational Sheet.
This provision is identical to a provision in HCS/SB 363 (2017), CCS/HCS/SB 501 (2017), and similar to HB 778 (2017).
SEXUAL ASSAULT REPORTING (Section 198.070)
This act amends the provision relating to reporting of suspected abuse and neglect of a resident of a long-term care facility who is sixty years of age or older or other certain eligible adults. Current law requires a report to be made to the Department of Health and Senior Services in the event of suspected abuse and neglect. Under this act, in the event of reasonable cause to believe a suspected sexual assault of the resident has occurred, specified mandated reporters shall also report to a local law enforcement entity under the procedures of the federal Elder Justice Act of 2009.
This provision is identical to provisions in HCS/SB 363 (2017), HCS/SB 373 (2017), and HCS/HB 551 (2017), and substantially similar to provisions in SB 301 (2017), HB 919 (2017), HCS/SS/SCS/SB 663 (2016), SS/SCS/SBs 112, 212, 143, & 234 (2015), and SB 971 (2014).
LONG-TERM CARE INSURANCE (Sections 208.690 and 376.1110)
This act specifies that a whole life insurance policy with long-term care riders shall qualify for the Missouri Qualified Long-Term Care Partnership Approval Policy if such policy meets the qualifications set forth in the National Association of Insurance Commissioners' Long-term Care Insurance Model Act and Regulation and the provisions of Section 6021 of the Federal Deficit Reduction Act of 2005.
Additionally, this act requires insurance companies to file premium rates and classifications of risk for long-term care insurance with the Department of Insurance, Financial Institutions, and Professional Registration. Rates shall not be excessive, inadequate, or unfairly discriminatory, nor shall they increase by more than 20% annually unless the insurer documents a material change in the risk characteristics of its policies or certificates.
These provisions are identical to provisions in HB 829 (2017), HCS/HB 611 (2017), and HCB 10 (2017).
FAIR BOARD LIABILITY INSURANCE (Section 316.160)
This act specifies that fair boards of directors in certain political subdivisions shall not be required to have liability insurance in place when applying for a license to operate, maintain, or conduct a festival.
This provision is identical to a provision in HCB 10 (2017), and similar to HB 863 (2017).
INTEREST ON INSURANCE COMPANY CLAIMS (Section 374.191)
This act provides that if an insurance company is required to pay interest on any claims, refunds, or payments pursuant to a market conduct examination, an investigation, a stipulation of settlement agreement, a voluntary forfeiture agreement, or any other remedial action ordered by the Department of Insurance, Financial Institutions, and Professional Registration, such funds shall bear interest at the annual adjusted prime interest rate, in an amount not to exceed 9% per year.
The provisions of this act do not apply to provisions of law already providing an interest rate or to duties arising under state law regarding claims reimbursement.
This identical to a provision in HCB 10 (2017) and HCS/HB 345 (2017) and similar to SB 336 (2017).
GROUP HEALTH INSURANCE (Section 376.426)
This act repeals a provision regarding the expiration of other provisions of law involving group health plans and out-of-network benefits.
LIFE INSURANCE POLICIES (Sections 376.620 and 376.625)
This act provides that life insurance providers may include suicide exclusion clauses in riders, endorsements and amendments to exclude death benefits for suicides occurring within the one year period following the issuance of such rider, endorsement, or amendment.
Additionally, this act provides that reinstatement of life insurance or annuity contracts shall be contestable on account of fraud or misrepresentation only for the same period after reinstatement as provided for following original issuance. The reinstated policy or contract may exclude coverage to the extent it could have been excluded on original issuance.
These provisions are identical to provisions in HCB 10 (2017), HB 336 (2017), and HB 341 (2017), and substantially similar to SB 275 (2017).
FIRE INSURANCE POLICIES (Section 379.160)
This act permits the Director of the Department of Insurance, Financial Institutions, and Professional Registration to approve fire insurance forms other than the standard fire insurance policy that are at least as favorable to the insured as the standard fire insurance policy. Any such form approved by the Director shall be deemed to be at least as favorable to the insured. This provision applies to all fire insurance policy forms currently submitted for approval, approved in the future, or previously approved by the Director.
This provision is identical to HCS/HB 958 (2017) and a provision in HCB 10 (2017).
COMMERCIAL PROPERTY AND CASUALTY INSURANCE POLICIES (Section 379.321)
This act exempts certain lines and endorsements of commercial insurance from requirements to file rates, rate plans, modifications, and manuals with the Department of Insurance, Financial Institutions, and Professional Registration, and specifies that filings for other commercial lines and endorsements shall be filed for informational purposes within 10 days of their use.
This act specifies that the commercial policies' forms are exempt from filing requirements if the commercial policyholder's annual commercial premiums total at least $100,000 and the policyholder employs a full time risk manager or has retained a licensed insurance producer to negotiate on its behalf.
Policies exempt from these filing requirements shall include a notice that the policy may include rates or forms exempt from filing with the Department.
Insurers renewing policies exempt from form filing requirements shall give notice at least 10 days prior to the policy's expiration date if, after renewal, there will be a material change in coverage not specifically requested by the insured, required by law, or based on change to the risk insured.
These exemptions shall apply to policies issued or renewed on or after January 1, 2018.
This provision is identical to provisions in HCB 10 (2017) and SCS/HCS/HB 741 (2017) and similar to SB 386 (2017).
SARAH HASKINS