Regulatory Framework (B) Task Force
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Joint Executive (EX) / Plenary Committee Summary Report
Summer 2009 Meeting Summaries Index

The Regulatory Framework (B) Task Force met June 14, 2009.

At this meeting, the Task Force:

• Adopted its May 7 conference call minutes.

• Heard a discussion from representatives of the Centers for Medicare and Medicaid Services (CMS) and the Department of Labor (DOL) on implementation issues with respect to the COBRA provisions under the American Recovery and Reinvestment Act. The Task Force also heard updates from these representatives on the status of regulations and other implementation activities related to the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addition Equity Act of 2008 and the Genetic Information Nondiscrimination Act of 2008 (GINA).

• Released for comment drafts of revisions to three NAIC models impacted by GINA and the special enrollment provisions in SCHIP. Comments on these drafts are requested on or before July 10.

• Discussed comments received on draft external review model forms. The recently adopted Uniform Health Carrier External Review Model Act includes several model notices and other forms to be developed by the Task Force. Drafts of the external review model forms were distributed for comment May 7. After review and discussion of the comments, the Task Force requested NAIC staff to develop new drafts for comment that incorporate the suggested revisions.

• Discussed the current draft survey to companies concerning the issue of policy rescissions and preexisting condition exclusion decisions. The survey relates to the Task Force’s charge to study proposals for developing a process for the independent review of policy rescission decisions for individually underwritten health insurance and preexisting condition exclusion decisions, and the different approaches that may be used to establish this independent review process and identify and evaluate the issues associated with such a process. Following the Spring National Meeting, a subgroup composed of regulators and interested parties met several times to develop this new draft. The Task Force made several revisions to the draft survey. The Task Force intends to send the survey out sometime in July with the hope of receiving responses from the companies prior to the Fall National Meeting.

• Continued its discussion of the Task Force’s charge to review issues concerning the standardization of forms practices and procedures in health insurance underwriting with respect to regulatory modernization. Believing that any work on this charge could be impacted by potential federal health care reform legislation, the Task Force decided to table discussion of the charge until the Fall National Meeting.

• Received the report of the ERISA Subgroup. The Subgroup met in regulator-to-regulator session to discuss ongoing federal and state investigations into unauthorized MEWAs.

Action Items:

1. Adopted its May 7 conference call minutes.