This is the Final Public Hearing on the adoption of proposed amendments to Rules 69O-157.302, .303, .304, F.A.C., published on October 24, 2008 in Vol. 34, No. 43, of the Florida Administrative Weekly. Pursuant to the provisions of the Americans ...  

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    DEPARTMENT OF FINANCIAL SERVICES
    OIR – Insurance Regulation

    RULE NO: RULE TITLE
    69O-157.302: Facility Only Rates
    69O-157.303: Home Health Care Only Rates
    69O-157.304: Comprehensive Only Rates

    The Financial Services Commission, Office of Insurance Regulation announces a hearing to which all persons are invited.

    DATE AND TIME: January 27, 2009, during a regular meeting of the Financial Services Commission.

    PLACE: Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida

    GENERAL SUBJECT MATTER TO BE CONSIDERED: This is the Final Public Hearing on the adoption of proposed amendments to Rules 69O-157.302, .303, .304, F.A.C., published on October 24, 2008 in Vol. 34, No. 43, of the Florida Administrative Weekly.

    Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Gerry Smith at E-mail gerry.smith@fldfs.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

    For more information, you may contact: Gerry Smith at E-mail gerry.smith@fldfs.com.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

    69O-157.302 Facility Only Rates.

    (1) The footnote following Section 627.9407, F.S., states that Section 11, Ch. 2006-254, L.O.F., provides that “[t]his act shall apply to long-term care insurance policies issued or renewed on or after July 1, 2006. For any long-term care insurance policy issued prior to July 1, 2006, the provisions of [Section 627.94076, F.S.] shall apply to such policy only upon renewal of such policy on or after July 1, 2008, and the policy shall so provide by endorsement to the policy.”

    (1)(2) The following maximum new business rates are effective for 20096 rate increase filings and for 201007 rate filings until new rates are published: These annual rates are appropriate for:

    (a) Tax qualified policies;

    (b) A benefit of $100/day;

    (c) An elimination period of 90 days.

    (d) Policies offering Restoration of Benefits, and

    (e) Sales in Hillsborough County. For all other counties, the rate from this table should be adjusted by the insurer’s current area factor applicable in that county relative to the insurer’s area factor in Hillsborough County.

    (f) Insurers who did not use area factors in the closed blocks for which a rate change is being requested may calculate the new business rate as a weighted average of the Hillsborough and the South Florida area factors, where the weights used are in-force premium by county. For the purposes of this calculation, the South Florida area factors are those that apply in Broward, Duval and Palm Beach county. The South Florida area factor is equal to 1.00.

    (2)(3)(a) Facility Only Rates:

    Issue Age

    3-Yr Benefit Period

    5-Yr. Benefit Period

    Unlimited Benefit Period

    30

    $244.38

    $296.71

    $324.72

    31

    $245.76

    $299.01

    $324.72

    32

    $247.18

    $301.32

    $324.72

    33

    $248.61

    $303.70

    $324.72

    34

    $250.08

    $306.08

    $324.72

    35

    $274.33

    $339.84

    $393.60

    36

    $275.92

    $342.43

    $393.60

    37

    $277.56

    $345.02

    $393.60

    38

    $279.19

    $347.65

    $393.60

    39

    $280.87

    $350.32

    $393.60

    40

    $305.37

    $378.71

    $447.72

    41

    $307.09

    $381.46

    $447.72

    42

    $308.81

    $384.30

    $447.72

    43

    $310.57

    $387.18

    $447.72

    44

    $312.37

    $390.10

    $447.72

    45

    $362.59

    $455.72

    $575.64

    46

    $365.02

    $459.37

    $575.64

    47

    $367.49

    $463.12

    $575.64

    48

    $370.01

    $466.94

    $575.64

    49

    $372.56

    $470.84

    $575.64

    50

    $392.25

    $497.62

    $629.76

    51

    $403.43

    $510.23

    $649.44

    52

    $411.81

    $525.78

    $669.12

    53

    $431.63

    $549.95

    $713.40

    54

    $454.37

    $579.89

    $762.60

    55

    $477.16

    $607.08

    $816.72

    56

    $511.89

    $650.81

    $870.84

    57

    $547.50

    $695.62

    $934.80

    58

    $589.72

    $747.22

    $1,008.60

    59

    $632.91

    $805.76

    $1,087.32

    60

    $682.93

    $865.57

    $1,170.96

    61

    $734.08

    $932.48

    $1,264.44

    62

    $789.34

    $1,000.87

    $1,362.84

    63

    $859.63

    $1,093.53

    $1,485.84

    64

    $937.93

    $1,192.11

    $1,613.76

    65

    $1,017.65

    $1,289.90

    $1,756.44

    66

    $1,105.08

    $1,399.93

    $1,913.88

    67

    $1,200.43

    $1,521.37

    $2,081.16

    68

    $1,320.99

    $1,677.23

    $2,322.24

    69

    $1,471.97

    $1,856.70

    $2,583.00

    70

    $1,637.36

    $2,071.79

    $2,878.20

    71

    $1,842.51

    $2,312.52

    $3,207.84

    72

    $2,059.81

    $2,579.92

    $3,576.84

    73

    $2,274.97

    $2,868.25

    $3,936.00

    74

    $2,502.28

    $3,190.21

    $4,334.52

    75

    $2,767.75

    $3,547.64

    $4,777.32

    76

    $3,074.08

    $3,942.45

    $5,259.40

    77

    $3,415.26

    $4,385.38

    $5,790.76

    78

    $3,796.56

    $4,872.71

    $6,435.28

    79

    $4,215.98

    $5,416.32

    $7,153.60

    80

    $4,683.37

    $6,020.61

    $7,950.64

    81

    $5,205.93

    $6,725.28

    $8,836.24

    82

    $5,782.36

    $7,499.43

    $9,820.24

    83

    $6,313.69

    $8,190.73

    $10,622.20

    84

    $6,890.31

    $8,918.80

    $11,488.12

    85

    $8,214.34

    $10,442.14

    $12,427.84

    86

    $8,930.08

    $11,338.00

    $13,446.28

    87

    $9,702.70

    $12,319.18

    $14,543.44

    88

    $10,546.42

    $13,380.94

    $15,734.00

    89

    $11,461.24

    $14,532.68

    $17,018.12

     

    Issue Age

    3-Yr Benefit Period

    5-Yr. Benefit Period

    Unlimited Benefit Period

    35

    $247.43

    $302.74

    $378.50

    45

    $363.53

    $446.70

    $555.75

    55

    $522.32

    $646.08

    $810.43

    65

    $1,126.33

    $1,406.97

    $1,750.61

    75

    $3,073.57

    $3,879.00

    $4,769.07

    (b) The insurers used to tabulate the above rates are:

     

    Insurer

    Weighing Percentage

    Bankers Life & Casualty

    90.3%

    Penn Treaty Network America Insurance Company

    9.7%

    Specific Authority 627.9408(1) FS. Law Implemented 627.9407(7) FS. History–New 11-1-07, Amended ________.

     

    69O-157.303 Home Health Care Only Rates.

    (1) The footnote following Section 627.9407, F.S., states that Section 11, Ch. 2006-254, F.S., provides that “[t]his act shall apply to long-term care insurance policies issued or renewed on or after July 1, 2006. For any long-term care insurance policy issued prior to July 1, 2006, the provisions of [Section 627.94076, F.S.] shall apply to such policy only upon renewal of such policy on or after July 1, 2008, and the policy shall so provide by endorsement to the policy.”

    (1)(2) The following maximum new business rates are effective for 20096 rate increase filings and for 201007 rate filings until new rates are published. These annual rates are appropriate for:

    (a) Tax qualified policies;

    (b) A benefit of $100/day;

    (c) An elimination period of 900 days;

    (d) Policies offering Restoration of Benefits, and

    (e) Sales in Hillsborough County. For all other counties, the rate from this table should be adjusted by the insurer’s current area factor applicable in that county relative to the insurer’s area factor in Hillsborough County.

    (f) Insurers who did not use area factors in the closed blocks for which a rate change is being requested may calculate the new business rate as a weighted average of the Hillsborough and the South Florida area factors, where the weights used are in-force premium by county. For the purposes of this calculation, the South Florida area factors are those that apply in Broward, Duval and Palm Beach county. The South Florida area factor is equal to 1.30.

    (2)(3)(a) Home Health Care Only Rates:

    Issue Age

    3-Yr Benefit Period

    5-Yr. Benefit Period

    Unlimited Benefit Period

    30

    $272.61

    $315.91

    $353.52

    31

    $272.61

    $315.91

    $353.52

    32

    $272.61

    $315.91

    $353.52

    33

    $272.61

    $315.91

    $353.52

    34

    $272.61

    $315.91

    $353.52

    35

    $292.22

    $341.82

    $391.06

    36

    $292.22

    $341.82

    $391.06

    37

    $292.22

    $341.82

    $391.06

    38

    $292.22

    $341.82

    $391.06

    39

    $292.22

    $341.82

    $391.06

    40

    $324.90

    $380.85

    $434.82

    41

    $324.90

    $380.85

    $434.82

    42

    $324.90

    $380.85

    $434.82

    43

    $324.90

    $380.85

    $434.82

    44

    $324.90

    $380.85

    $434.82

    45

    $370.83

    $445.80

    $509.73

    46

    $370.83

    $445.80

    $509.73

    47

    $370.83

    $445.80

    $509.73

    48

    $370.83

    $445.80

    $509.73

    49

    $370.83

    $445.80

    $509.73

    50

    $421.10

    $505.80

    $580.43

    51

    $434.17

    $525.23

    $599.12

    52

    $453.78

    $538.19

    $624.11

    53

    $466.85

    $564.09

    $649.11

    54

    $486.64

    $583.70

    $674.02

    55

    $531.60

    $638.59

    $728.08

    56

    $558.45

    $665.26

    $770.08

    57

    $592.02

    $702.21

    $812.26

    58

    $632.66

    $752.71

    $867.74

    59

    $673.29

    $799.76

    $923.39

    60

    $710.48

    $856.73

    $978.95

    61

    $757.65

    $907.40

    $1,037.12

    62

    $805.00

    $960.84

    $1,098.99

    63

    $869.58

    $1,045.35

    $1,187.81

    64

    $937.24

    $1,129.94

    $1,286.48

    65

    $1,015.07

    $1,221.01

    $1,381.53

    66

    $1,092.89

    $1,308.46

    $1,482.81

    67

    $1,170.63

    $1,406.00

    $1,590.31

    68

    $1,268.77

    $1,523.75

    $1,714.91

    69

    $1,373.54

    $1,651.59

    $1,852.13

    70

    $1,484.75

    $1,782.46

    $1,995.50

    71

    $1,602.50

    $1,923.26

    $2,145.09

    72

    $1,720.25

    $2,067.09

    $2,307.23

    73

    $1,849.76

    $2,216.67

    $2,457.18

    74

    $1,979.08

    $2,369.96

    $2,613.54

    75

    $2,118.57

    $2,532.58

    $2,779.57

    76

    $2,261.06

    $2,698.82

    $2,948.38

    77

    $2,403.54

    $2,867.92

    $3,123.33

    78

    $2,587.37

    $3,079.04

    $3,330.88

    79

    $2,771.21

    $3,293.78

    $3,544.75

    80

    $2,968.20

    $3,511.28

    $3,754.99

    81

    $3,171.73

    $3,745.54

    $3,981.31

    82

    $3,381.79

    $3,982.57

    $4,213.86

    83

    $3,595.48

    $4,223.98

    $4,447.43

    84

    $3,819.42

    $4,471.88

    $4,697.07

    85

    $4,052.80

    $4,729.19

    $4,943.09

    86

    $4,296.34

    $4,996.60

    $5,205.36

    87

    $4,542.80

    $5,270.49

    $5,470.06

    88

    $4,921.25

    $5,687.82

    $5,849.84

    89

    $5,302.62

    $6,111.55

    $6,235.76

     

    Issue Age

    3-Yr Benefit Period

    5-Yr. Benefit Period

    Unlimited Benefit Period

    35

    $166.18

    $203.65

    $242.26

    45

    $245.38

    $306.44

    $366.65

    55

    $369.58

    $455.50

    $548.26

    65

    $691.78

    $836.06

    $989.23

    75

    $1,318.83

    $1,520.52

    $1,702.93

     

    (b) The insurers used to tabulate the above rates are:

     

    Insurer

    Weighing Percentage

    Bankers Life & Casualty Company

    97.2%

    Colonial American Life Insurance Company

    Penn Treaty Network America Insurance Company

    2.3%

    0.5%

    Specific Authority 627.9408(1) FS. Law Implemented 627.9407(7) FS. History–New 11-1-07, Amended ________.

     

    69O-157.304 Comprehensive Only Rates.

    (1) The footnote following Section 627.9407, F.S., states that Section 11, Ch. 2006-254, L.O.F., provides that “[t]his act shall apply to long-term care insurance policies issued or renewed on or after July 1, 2006. For any long-term care insurance policy issued prior to July 1, 2006, the provisions of [Section 627.94076, F.S.] shall apply to such policy only upon renewal of such policy on or after July 1, 2008, and the policy shall so provide by endorsement to the policy.”

    (1)(2) The following maximum new business rates are effective for 20096 rate increase filings and for 201007 rate filings until new rates are published. These annual rates are appropriate for:

    (a) Tax qualified policies;

    (b) A benefit of $100/day;

    (c) An elimination period of 90 days;

    (d) Policies offering Restoration of Benefits, and

    (e) Sales in Hillsborough County. For all other counties, the rate from this table should be adjusted by the insurer’s current area factor applicable in that county relative to the insurer’s area factor in Hillsborough County.

    (f) Insurers who did not use area factors in the closed blocks for which a rate change is being requested may calculate the new business rate as a weighted average of the Hillsborough and the South Florida area factors, where the weights used are in-force premium by county. For the purposes of this calculation, the South Florida area factors are those that apply in Broward, Duval and Palm Beach county. The South Florida area factor is equal to 1.00.

    (2)(3)(a) Comprehensive Only Rates:

    Issue Age

    3-Yr Benefit Period

    5-Yr. Benefit Period

    Unlimited Benefit Period

    30

    $356.29

    $454.14

    $622.87

    31

    $357.87

    $456.21

    $625.56

    32

    $359.50

    $458.88

    $628.85

    33

    $361.17

    $470.16

    $640.99

    34

    $371.48

    $472.96

    $644.48

    35

    $394.20

    $488.52

    $681.96

    36

    $396.05

    $500.51

    $694.85

    37

    $398.42

    $503.55

    $699.14

    38

    $400.41

    $507.18

    $703.57

    39

    $411.53

    $510.43

    $708.14

    40

    $425.67

    $546.94

    $744.90

    41

    $431.46

    $553.40

    $754.41

    42

    $435.96

    $558.44

    $761.15

    43

    $440.16

    $563.69

    $777.40

    44

    $453.08

    $569.55

    $785.18

    45

    $462.69

    $600.10

    $811.36

    46

    $476.62

    $604.61

    $827.36

    47

    $481.31

    $609.99

    $834.12

    48

    $487.16

    $617.01

    $843.22

    49

    $501.72

    $624.68

    $872.16

    50

    $510.28

    $643.51

    $885.02

    51

    $530.60

    $665.25

    $910.57

    52

    $547.56

    $693.85

    $941.52

    53

    $565.67

    $712.92

    $972.94

    54

    $584.47

    $743.02

    $1,005.11

    55

    $604.14

    $754.11

    $1,038.38

    56

    $644.88

    $809.63

    $1,098.41

    57

    $679.14

    $865.06

    $1,168.20

    58

    $724.11

    $932.83

    $1,241.76

    59

    $760.97

    $982.81

    $1,327.49

    60

    $817.49

    $1,054.33

    $1,406.23

    61

    $883.47

    $1,136.02

    $1,518.87

    62

    $954.83

    $1,213.95

    $1,634.80

    63

    $1,029.20

    $1,304.31

    $1,763.51

    64

    $1,101.86

    $1,392.44

    $1,889.04

    65

    $1,189.14

    $1,489.02

    $2,039.15

    66

    $1,303.22

    $1,638.22

    $2,242.87

    67

    $1,439.64

    $1,819.93

    $2,472.25

    68

    $1,586.10

    $1,997.01

    $2,717.22

    69

    $1,726.79

    $2,189.76

    $2,977.95

    70

    $1,882.16

    $2,399.49

    $3,258.58

    71

    $2,122.56

    $2,689.46

    $3,650.61

    72

    $2,380.33

    $3,011.03

    $4,078.34

    73

    $2,643.96

    $3,334.39

    $4,516.90

    74

    $2,925.10

    $3,689.09

    $4,989.64

    75

    $3,233.67

    $4,080.01

    $5,495.62

    76

    $3,622.71

    $4,564.96

    $6,160.74

    77

    $4,043.45

    $5,116.80

    $6,891.93

    78

    $4,467.54

    $5,674.34

    $7,616.29

    79

    $4,913.66

    $6,236.42

    $8,355.38

    80

    $5,365.77

    $7,657.61

    $10,904.13

    81

    $5,851.19

    $8,314.46

    $11,818.20

    82

    $6,360.85

    $9,038.95

    $12,820.94

    83

    $6,954.06

    $9,851.27

    $13,927.26

    84

    $7,579.36

    $10,744.46

    $15,117.75

    85

    $9,393.68

    $11,738.30

    $16,454.06

    86

    $10,622.25

    $13,240.69

    $17,976.84

    87

    $11,550.00

    $14,432.21

    $19,582.64

    88

    $12,554.44

    $15,692.91

    $21,291.57

    89

    $13,619.15

    $17,034.25

    $23,112.87

     

    Issue Age

    3-Yr Benefit Period

    5-Yr. Benefit Period

    Unlimited Benefit Period

    35

    $332.88

    $414.10

    $574.47

    45

    $474.36

    $592.44

    $822.62

    55

    $666.65

    $824.77

    $1,151.34

    65

    $1,313.19

    $1,640.75

    $2,259.55

    75

    $3,288.22

    $4,210.08

    $5,603.51

    (b) The insurers used to tabulate the above rates are:

     

    Insurer

    Weighing Percentage

    Bankers Life & Casualty Insurance Company

    52.7%

    Blue Cross Blue Shield of Florida

    5.1%

    Genworth Life Insurance Company

    11.5%

    Great American Life Insurance Company

    John Hancock Life Insurance Company

    9.8%

    14.2%

    Metlife Insurance Company

    6.7%

    Specific Authority 627.9408(1) FS. Law Implemented 627.9407(7) FS. History–New 11-1-07, Amended ________.

     

    A copy of the agenda may be obtained by contacting: The Governor and Cabinet Website at http://www.myflorida.com/myflorida/cabinet/mart.html. The agenda should be available approximately one week before the cabinet meeting.