Regulatory Framework (B) Task Force
September 30, 2007

TheRegulatory Framework (B) Task Force met on Sunday, Sept. 30, 2007.

At this meeting, the Task Force:

• Discussed HIPAA implementation issues with Department of Labor and Centers for Medicare and Medicaid Services (CMS) representatives.

• Adopted its 2008 proposed charges.

• Discussed its new charge to review issues concerning the development of a uniform individual health insurance underwriting application form and, as appropriate, develop a uniform individual health insurance underwriting application form as a model law or as an amendment to an existing model law. The Task Force decided that it would first focus on the issues related to developing such a form before moving forward with a model law or regulation.

• Discussed a new draft of the proposed Uniform Health Carrier External Review Model Act and the comments received on that draft. The new draft incorporates suggestions from comments received on the previous draft. NAIC staff noted significant changes from the previous draft related to who would select the independent review organization (IRO) and who would conduct the preliminary review of the external review request to determine whether the request is eligible for a full external review. The Task Force intends on distributing a new draft based on the discussion at the meeting within the next few weeks. The Task Force plans on holding a conference call prior to the 2007 Winter National Meeting to adopt the model and then present it to the Health Insurance and Managed Care (B) Committee for its consideration.

• Received a report from the ERISA Subgroup. The Subgroup met in a Regulator-to-Regulator Session to discuss ongoing investigations. The Subgroup plans on developing two advisory alerts in response to recent Department of Labor Advisory Opinions regarding what is a fully-insured MEWA and the single-employer status of PEOs.

Action Items:

1. Adopted its 2008 proposed charges.