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DFR explains insurance changes in H.137; committee moves to streamline Medicare-supplement rate review
Summary
Department of Financial Regulation Deputy Commissioner Emily Brown summarized insurance provisions in H.137, covering confidentiality cleanups, an explicit nondiscrimination rule for affordable housing, a genetic‑privacy study and changes to Medicare‑supplement rate review that emphasize timely posting, notice and filing deadlines.
Department of Financial Regulation Deputy Commissioner Emily Brown summarized the insurance portions of H.137 for the Senate Finance Committee, saying the package includes cleanup provisions and substantive changes to filing and rate-review procedures for several insurance products.
Brown described two cleanup items early in the bill: expanded confidentiality protections to cover entities DFR supervises under multiple titles and a corrected cross‑reference where a prior provision was repealed. “The first one is a change that brings in all of the entities that DFR regulates,” Brown said, noting that the cleanup covers entities regulated under Titles 8, 9 and 18.
Affordable‑housing nondiscrimination Brown described section 4 as an explicit prohibition on using an individual’s receipt of housing subsidies, or occupancy of affordable housing, as a factor in underwriting or rating. “This prohibits the insured from using any information related to an individual's income, or their receipt of subsidies such as housing from the government as a factor in … determining if they want to insure you and also what rate they'll charge you,” Brown said. She told the committee DFR believes the policy is already reflected in law but recommended making it explicit given current housing concerns.
Genetic‑information study The bill asks DFR to produce a recommendation about insurers’ access to consumer genetic information and whether statutory limitations or consent requirements are needed for companies that obtain genetic data from third parties.
Medicare‑supplement rate‑review changes Brown laid out the most substantive operational change in the package: the bill removes DFR’s requirement to commission a duplicate actuarial review on Medicare‑supplement filings that exceed a specified threshold and replaces it with increased transparency and procedural timelines.
Under current law DFR must hire a second outside actuary in many large filings; Brown said that practice usually produces the same result but creates additional cost and delay. Under the proposed change, DFR would: - Post relevant filings on its website shortly after receipt to improve public access. - Notify the Department of Aging and Independent Living (DAIL) and the Health Care Advocate within five business days for large filings; either may request a hearing, as may 25 or more policyholders. - Implement a July 1 filing deadline for Medicare‑supplement filings that would take effect January 1, and require six‑month lead time for other filings based on their effective date.
The Health Care Advocate testified in support of the Medicare‑supplement changes; Mike Fisher said the changes “strike a good balance” between efficiency, transparency and public input.
Next steps DFR will provide bill language and is prepared to implement the new posting, notification and filing‑deadline processes if the committee advances the bill.
