SB 874 Modifies regulatory examination of health maintenance organizations and title insurance law
Sponsor: Wasson
LR Number: 6066L.04C Fiscal Note available
Committee: Financial and Governmental Organizations and Elections
Last Action: 5/16/2014 - H Calendar S Bills for Third Reading w/HCS Journal Page:
Title: HCS SB 874 Calendar Position:
Effective Date: August 28, 2014
House Handler: Gosen

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Current Bill Summary


HCS/SB 874 - This act modifies the examination period for health maintenance organizations from at a minimum every three years to at a minimum of every five years under Section 354.465. This act also adds definitions for a health organization, a domestic health organization, and a foreign health organization under Section 375.1250. This act adds health organizations to the entities subject to risk-based capital ("RBC") examination, analysis, and regulation found in Sections 375.1250 to 375.1275. This act creates an RBC analysis formula for health organizations to include: 1) asset risk; 2) credit risk; 3) underwriting risk; and 4) other business and RBC instruction risks. This act also requires foreign health organizations to comply with the same regulatory requirements foreign insurers are currently subject to under Section 375.1270.

This act adds a confidentiality provision for the director of the Department of Insurance ("director") relating to confidential and privileged documents filed as part of an RBC analysis. The director may share these documents with other listed regulatory bodies, and the documents would maintain their confidential and privileged status. This act also gives the director discretion to exempt certain health organizations from RBC examination requirements if they meet certain conditions. This act provides for special regulatory response from the director with respect to RBC reports filed by health organizations for 2014.

This act provides that a title insurer, title agency, or title agent may perform escrow or closing services in residential real estate transactions by giving notice to affected persons that their interests are not protected by the title insurer, agency, or agent in situations where the title insurance policy is not being issued by the title insurer, agency, or agent performing the escrow or closing services. In situations where title insurers, agencies and agents are exclusively performing escrow, settlement, or closing services, it is unlawful for such entities to do so unless they clearly disclose to the sellers, buyers, and lenders involved in such escrows, settlements, or closings that no title insurer is providing any protection for closing or settlement funds.

This act also changes the investment limits that domestic insurers when investing in one or more subsidiaries to the lesser of ten percent of such insurer's assets, rather than five percent, or fifty percent of such insurer's surplus as regards policyholders.

This act contains provisions substantially similar to SB 634 (2014).

MICHELA BIRK