HF 1908

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:56am

A bill for an act
relating to commerce; regulating insurance industry trade practices; regulating
the reporting of loss experience data; amending Minnesota Statutes 2008, section
72A.20, subdivision 26.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 72A.20, subdivision 26, is amended to
read:

Subd. 26.

Loss experience.

An insurer shall without cost to the insured provide an
insured with the loss or claims experience of that insured for the current policy period and
for the two policy periods preceding the current one for which the insurer has provided
coverage, within 30 days of a request for the information by the policyholder. new text begin Whenever
reporting loss experience data, actual claims paid on behalf of the insured must be reported
separately from claims incurred but not paid, pooling charges for catastrophic claim
protection, and any other administrative fees or charges that may be charged as an incurred
claim expense. new text end Claims experience data must be provided to the insured in accordance with
state and federal requirements regarding the confidentiality of medical data. The insurer
shall not be responsible for providing information without cost more often than once in
a 12-month period. The insurer is not required to provide the information if the policy
covers the employee of more than one employer and the information is not maintained
separately for each employer and not all employers request the data.

An insurer, health maintenance organization, or a third-party administrator may not
request more than three years of loss or claims experience as a condition of submitting an
application or providing coverage.

This subdivision only applies to group life policies and group health policies.