HOUSE BILL No. 5387

 

November 1, 2005, Introduced by Reps. Dillon, Alma Smith, Gleason, Tobocman, Zelenko, Vagnozzi, Adamini, Gaffney, Condino, Leland, Bieda, Meisner, Gillard, Ball, Clemente and Kolb and referred to the Committee on Insurance.

 

     A bill to amend 1956 PA 218, entitled

 

"The insurance code of 1956,"

 

(MCL 500.100 to 500.8302) by adding section 255.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 255. (1) The catastrophic medical coverage task force is

 

created within the office of financial and insurance services.

 

     (2) The catastrophic medical coverage task force shall consist

 

of the commissioner of the office of financial and insurance

 

services, 1 member of the senate appointed by the senate majority

 

leader, 1 member of the senate appointed by the senate minority

 

leader, 1 member of the house of representatives appointed by the

 

speaker of the house of representatives, 1 member of the house of

 

representatives appointed by the minority leader of the house of

 

representatives, and the following 9 members, appointed by the


 

governor:

 

     (a) One member representing the general public.

 

     (b) One member representing employers with more than 50

 

employees.

 

     (c) One member representing employers with 50 or fewer

 

employees.

 

     (d) One member representing a nonprofit health care

 

corporation operating pursuant to the nonprofit health care

 

corporation reform act, 1980 PA 350, MCL 550.1101 to 550.1704.

 

     (e) One member representing health maintenance organizations

 

regulated under chapter 35.

 

     (f) One member representing insurers providing expense-

 

incurred hospital, surgical, and medical policies and certificates

 

regulated under chapters 34 and 36.

 

     (g) One member representing labor.

 

     (h) One member representing public employees of this state.

 

     (i) One member representing health care providers in this

 

state.

 

     (3) The members appointed to the catastrophic medical coverage

 

task force shall be appointed within 14 days after the effective

 

date of this section.

 

     (4) If a vacancy occurs on the catastrophic medical coverage

 

task force, an appointment for the unexpired term shall be made in

 

the same manner as the original appointment.

 

     (5) The governor may remove a member of the catastrophic

 

medical coverage task force for incompetency, dereliction of duty,

 

malfeasance, misfeasance, or nonfeasance in office, or any other


 

good cause.

 

     (6) The first meeting of the catastrophic medical coverage

 

task force shall be called not later than 24 days after the

 

effective date of this section. At the first meeting, the members

 

of the catastrophic medical coverage task force shall elect from

 

among its members a chairperson and other officers as they consider

 

necessary or appropriate. After the first meeting, the catastrophic

 

medical coverage task force shall meet at least monthly, or more

 

frequently at the call of the chairperson or if requested by 7 or

 

more members.

 

     (7) A majority of the members of the catastrophic medical

 

coverage task force constitute a quorum for the transaction of

 

business at a meeting of the catastrophic medical coverage task

 

force. A majority of the members present and serving are required

 

for official action of the catastrophic medical coverage task

 

force.

 

     (8) The business that the catastrophic medical coverage task

 

force may perform shall be conducted at a public meeting of the

 

catastrophic medical coverage task force held in compliance with

 

the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

     (9) A writing prepared, owned, used, in the possession of, or

 

retained by the catastrophic medical coverage task force in the

 

performance of an official function is subject to the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     (10) Members of the catastrophic medical coverage task force

 

shall serve without compensation. However, members of the

 

catastrophic medical coverage task force may be reimbursed for


 

their actual and necessary expenses incurred in the performance of

 

their official duties as members of the catastrophic medical

 

coverage task force.

 

     (11) The catastrophic medical coverage task force shall

 

conduct a study to determine whether a statewide catastrophic

 

health care coverage pool is an appropriate mechanism for providing

 

health coverage for catastrophic health claims to all residents of

 

this state. In conducting the study, the office of financial and

 

insurance services shall provide to the catastrophic medical

 

coverage task force whatever technical assistance is necessary,

 

including, but not limited to, actuarial services.

 

     (12) In conducting the study under subsection (11), the

 

catastrophic medical coverage task force shall examine all of the

 

following:

 

     (a) Different levels of loss, including, but not limited to,

 

loss levels of $50,000.00, $75,000.00, and $100,000.00, that need

 

to occur before coverage under the catastrophic health care

 

coverage pool occurs, and the level of premiums needed at the

 

different levels of loss.

 

     (b) How coverage under the catastrophic health care coverage

 

pool is to be funded. In making this determination, the

 

catastrophic medical coverage task force shall examine a broad mix

 

of funding sources in order to make the funding burden less

 

detrimental, including, but not limited to, premium percentages to

 

be paid by individuals and by employers through taxes or payroll

 

deductions; general fund or other state appropriation; carrier

 

assessments; hospital-based assessment; and whether any federal or


 

other revenue is available.

 

     (c) Benefit structures, including, but not limited to, annual

 

deductibles and copayments and lifetime benefit maximums.

 

     (d) Eligibility criteria and enrollment estimates.

 

     (e) Supervision of the catastrophic health care coverage pool

 

by a board of directors with members as necessary to have balanced

 

representation of consumers, employers, regulators, insurers, and

 

medical personnel, the term of office of board members, and the

 

method of selection of board members.

 

     (f) Administration of the catastrophic health care coverage

 

pool, including, but not limited to, determinations of eligibility;

 

payment of claims; premium billing; case management; and salaries,

 

expenses, and fees.

 

     (g) Methods for controlling costs, including, but not limited

 

to, health promotion and chronic care management.

 

     (h) Impact of coverage under the catastrophic health care

 

coverage pool on health insurance and coverage rates, on medicaid

 

rates, on the state's uninsured population, and on the health care

 

system with the reduction in uncompensated care.

 

     (13) In conducting the study under subsection (11), the

 

catastrophic medical coverage task force shall also examine the use

 

of regional purchasing pools and methods for gathering and

 

providing comparative health care provider performance information.

 

     (14) The catastrophic medical coverage task force shall report

 

to the senate and house of representatives standing committees on

 

health and insurance issues on the study conducted pursuant to this

 

section and shall make findings and recommendations based on that


 

study by not later than 1 year after the effective date of this

 

section.