This is the Final Public Hearing on the adoption of proposed amendments to Rules 69O-157.302, 69O-157.303, 69O-157.304, Florida Administrative Code, published on October 24, 2008 in Vol. 34, No. 43, of the Florida Administrative Weekly. 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.” (2)(1) The following maximum new business rates are effective for 2009 2006 rate increase filings and for 2010 2007 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% Rulemaking 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 2009 2006 rate increase filings and for 2010 2007 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 0 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 1.30. (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% Rulemaking 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 2009 2006 rate increase filings and for 2010 2007 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% Rulemaking Authority 627.9408(1) FS. Law Implemented 627.9407(7) FS. History–New 11-1-07, Amended ________