LEG-REG REVIEW
by Phillips Associates

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LEG REG REVIEW
2003, Thirty-Sixth Issue
 
LEG REG REVIEW is a periodic newsletter produced by PHILLIPS ASSOCIATES, a professional lobbying and consultant firm based near the State Capitol.  It contains news on the Legislative and Regulatory scene in Pennsylvania that may be of use to insurance producers, companies, and interested parties.  PSLA and PAHU members are receiving this as a Member Benefit.  Subscription information may be obtained by contacting PHILLIPS ASSOCIATES at 717/728-1217, Fax 717/728-1164 or E-mail to xenobun@aol.com.
 
HAPPY NEW YEAR
 
This is the last edition of the Leg-Reg Review for 2003.  PHILLIPS ASSOCIATES hopes that you found it to be a useful resource in keeping you up to speed on events happening in Harrisburg and, to some extent, Washington.  As always, please give us your feedback.  (On a technical level, we regard you as having an established business relationship with us in terms of you being on this fax distribution list. We will of course honor your request if you let us know that you no longer wish to receive this newsletter.)  Best wishes for the New Year!
 
GENERAL ASSEMBLY (FINALLY) ENDS FOR THE YEAR
 
The PA General Assembly concluded its business December 21 for the Senate and December 23 for the House.  On December 24, you should have received a summary of the budget-related legislation to finally pass the House sent to you by PHILLIPS ASSOCIATES.  Of particular interest should be the section containing fee increases as they relate to insurance (surplus lines, etc.) and securities.
 
Other late-session insurance activity that was overshadowed by the larger budget debate:
 
·         Passage of re-authorization of HIPAA health insurance rules in PA (Act 50, Senate Bill 483).  If this had not passed, HHS could have seized regulatory control of the small group and individual health insurance market away from the PA Insurance Department.  The bill also dealt with disclosure to the insured of a company-owned life insurance policy.
·         HR 355, a resolution asking that Governor Rendell offer long-term care insurance as an optional benefit for state employees, was pulled from the agenda of the House Health and Human Services Committee after a Republican member attacked the proposal.  He felt that the General Assembly should not intrude into collective bargaining negotiations between Governor and state worker unions.  He also felt that an optional benefit would become the new floor for labor demands in collective bargaining.  The Chairman pulled the bill rather than risk an unfavorable vote.
 
CROP INSURANCE SIGN-UP BEGINS DECEMBER 31
 
Sign-up for the 2004 AGR and AGR-Lite Crop Insurance program created by the PA Department of Agriculture begins December 31, 2003 and ends January 31, 2004.  This new program gives farmers a supplement (or alternative) to traditional multi-peril Crop Insurance in that it is measured by income loss rather than by yield loss.  In addition, many additional crops (vegetables, nursery stock, dairy cattle, etc.) are covered.  This program coupled with significant premium assistance from USDA and the Commonwealth to result in a dramatic increase in the numbers of policies sold by independent agents.  Current policy count for all Crop Insurance is estimated to be about 16,000.  Details:  Gene Gantz (Risk Management Agency) 717/787-4694.
PRODUCER LICENSING BILL TO BE INTRODUCED
 
Republican Dave Hickernell (Lancaster) is circulating a memo to other legislators asking that they co-sponsor a bill to give new licensees the ability to sell insurance immediately while their background is being reviewed.  The argument is that lengthy FBI delays in checking backgrounds result in some individuals being held in limbo for more than a month.  This would impede the ability to attract qualified individuals to the insurance industry because they would have to wait a long time before actually earning money.  The hiring agency, in its turn, would not be able to carry the individual for an extended period without him or her bringing in new business.  The Pennsylvania Association of Health Underwriters is particularly interested in the proposal.
 
TWO INSURANCE REGULATIONS APPROVED
 
The Independent Regulatory Review Commission (IRRC) gave its final approval to two regulations sought by the Insurance Department as published in the December 27 PA Bulletin.
 
The first is a regulation recognizing the 2001 CSO Mortality Table for use in Determining Minimum Reserve Levels & Nonforfeiture Benefits.
 
The second increases fees for the Underground Storage Tank and Indemnification Fund (USTIF) because of a September actuarial study that warned USTIF that its reserves were at risk of being insufficient unless fees were adjusted upward.  The new fee for petroleum is .011 cent per gallon.  This translates into increases of about 8 cents per month per motorist and $15.54 per quarter for municipalities.  The fees are meant to sustain claims coming from spills involving underground storage tanks.
 
Other non-regulatory insurance related developments include:
-          An application from Franklin Homeowners Assurance Co. to increase its approved classes of underwriting authorities.
-          A loss cost filing from the Coal Mine Compensation Rating Bureau of 9.6% with an employer assessment factor to be 4.44% (down from the current 5.41%).
-          Publishing of a list of 62 qualified unlicensed reinsurers (PA Bulletin 12/26/03)
-          Department disapproval of a rate filing for individual health and Medicare Supplement sought by Independence Blue Cross, NE Blue Cross, Capital Blue Cross, and Highmark.  The Department’s rationale according to their December 26 announcement was that the Blues “did not adequately show how the surplus is being used to subsidize these individual filings.  We are unable to determine if the proposed rate increases are excessive, inadequate, or unfairly discriminatory.”
 
UPCOMING…
 
·         The House Health & Human Services and the Aging and Older Adult Committees are convening a joint hearing on quality and safety in long-term care facilities January 7 in Philadelphia. The hearing was sparked by a Germantown nursing home that could not find a resident who happened to be the mother of a state representative from Philadelphia.
·         In South Central PA, the Bagel Bunch is starting its second year as an informal way to get CE from 8:00 a.m. to 8:50 once or twice a month in Harrisburg and in Lemoyne on the West Shore.  Subscription is by agency so employees may choose which classes are best for them and still be to work on time.  Topics include both P/C and L/A/H (Credit Scoring, E&O, Group Health Market, Fraud, Life Issues, etc.).  Please call 717/732-7255 for a schedule and subscription information.  First class is January 13.
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