(1) Before charging or quoting premiums to subscribers, an HMO shall file for approval the rating methodology by which those premiums were determined with the Office.
    (a) All materials submitted shall be legible. A filing which is illegible or which contains illegible material will be disapproved without any further processing.
    (b) For purposes of this rule, Fl. Admin. Code R. 69O-191.055, and the time periods established in Florida Statutes § 641.31, a filing is considered “”filed”” with the Office upon receipt of the material required in paragraph (2)(a), below. For purposes of this rule and Fl. Admin. Code R. 69O-191.055, the term “”filed”” does not mean “”approved.””
    (2) Filings of rating methodologies shall provide adequate information, so that the Office, in accordance with generally accepted actuarial principles as applied to Health Maintenance Organizations, may verify that the rating methodology does not produce inadequate, excessive, or unfairly discriminatory premiums. All rate classifications should be clearly identified, and the formulas and/or methods of calculating premiums adequately described, as defined in Fl. Admin. Code R. 69O-191.055
    (a) The components of HMO rate filings shall consist of one copy of all of the items in subparagraphs 1. through 4. Filings for small group coverage subject to Florida Statutes § 627.6699, shall additionally comply with the provisions of Part III of Fl. Admin. Code Chapter 69O-149
    1. A brief letter explaining the type and nature of the filing. The letter shall indicate if the filing is for a new product, a rate revision or a resubmission. If the filing is a resubmission, the letter should indicate when the previous filing was submitted, the Florida filing number, and the date of the disapproval.
    2. The Actuarial Memorandum, completed as required in Fl. Admin. Code R. 69O-191.055
    3. Rate pages which define all proposed rates, rating factors, and methodologies for determining rates applicable in the state.
    4. Form OIR-B2-1507, “”Office of Insurance Regulation, Life and Health Forms and Rates Universal Standardized Data Letter,”” as adopted in Fl. Admin. Code R. 69O-149.022, completely filled out in accordance with Form OIR-B2-1507A, “”Office of Insurance Regulation, Life and Health Forms and Rates Universal Standardized Data Letter Instruction Sheet,”” as adopted in Fl. Admin. Code R. 69O-149.022
    (b) Filings, as that term is defined in paragraph (2)(a), shall be submitted to the Office electronically through http://www.floir.com/iportal.
    (c)1. Every HMO submitting a rate filing shall be notified as to whether the filing has been affirmatively approved by the Office, or has been disapproved by the Office, including disapprovals for failure of the material to meet the definition of a “”filing”” or for illegibility, within any statutory review period of the date of receipt of the filing.
    2. Every HMO submitting a rate filing which does not comply with the requirement of Rules 69O-191.054 and 69O-191.055, F.A.C., or for which the Office determines that additional information is necessary for a proper review, will be notified of the additional information necessary within the statutory time limit.
    3. Every HMO shall submit the required data by a date certain stated in the clarification letter to allow the Office sufficient time to perform a proper review.
    4. Failure to correct the filing by the date certain in the clarification letter will result in an affirmative disapproval of the filing by the Office.
    (3) For individual (non-group) subscribers, it should be possible for the Office, using the filed rating methodology, to verify any premiums charged or quoted. For group subscribers not subject to experience rating, the HMO shall be able to demonstrate that any premiums charged or quoted were derived from the filed rating methodology in an actuarially sound manner. For group subscribers subject to experience rating, the HMO shall be able to demonstrate that the premiums charged or quoted were consistent with the filed rating methodology.
    (4) In order that the above verification may be more readily accomplished, for one year from the effective date of the contract, HMOs shall maintain worksheets showing in detail the calculation of the premiums charged to each group subscriber. Such worksheets shall contain at least the following information:
    (a) For experience-rated groups, the calculation of the per member per month revenue requirements;
    (b) For groups not subject to experience rating, the applicable per member per month revenue requirement;
    (c) A description of the development of the assumed employee and dependent composition of each tier of rates;
    (d) A summary showing how the per member per month revenue requirements, employee and dependent composition, and the selected ratios between tiers of rates produces the premiums charged to a group.
    (5) HMOs with fewer than 1,000 Florida subscribers, for all individual forms combined or for all group forms combined, may, at their option, file a streamlined annualized rate increase filing not exceeding medical trend as provided in subsection 69O-149.003(6), F.A.C. The filing shall be made in accordance with Fl. Admin. Code R. 69O-191.054(2)(a), with a certification that the filing includes all individual forms or all group forms in lieu of the actuarial memorandum required by Fl. Admin. Code R. 69O-191.055
    (6)(a) Rates for group conversion contracts, issued on a group or on an individual basis are exempt from the loss ratio requirements below. The loss ratio for group conversion contracts shall not be less than 120 percent. The premium for a converted contract may not exceed 200 percent of the standard risk rate, as published in Chapter 69O-149, Part IV, F.A.C.
    (b) Rates for contracts, including riders and endorsements, issued to individual (non-group) subscribers shall be deemed excessive if anticipated loss ratios for such contracts are less than 70%.
    (c) Rates for contracts, including riders and endorsements, issued to group subscribers shall be deemed excessive if target loss ratios anticipated over the rating period for such contracts are less than the following:
Group Size
Loss Ratio
51 to 100
70%
101 to 500
75%
over 500
80%
    (d) Rates filed for approval that are anticipated to result in an actual to expected ratio over the rating period which is less than 1.0 shall be deemed to be excessive.
    (e) Rates for contracts providing home health care coverage pursuant to Florida Statutes § 641.2018, shall comply with the provisions of Chapters 69O-157 and 69O-149, F.A.C.
    (7) Rates are inadequate if:
    (a) The premiums derived from the rating structure, plus investment income, co-payments, and revenues from coordination of benefits and subrogation, fees-for-service and reinsurance recoveries are not set at a level at least equal to the anticipated cost of medical and hospital benefits, expenses and contingency margin during the period for which the rates are to be effective.
    (b) Individual contracts do not incorporate the projected entire effects of insurance trend.
    (c) The premium schedule is determined such that if all assumptions are satisfied, the annual rate increase needed will exceed medical trend.
    (8) Premiums as to a risk or group of risks are unfairly discriminatory if:
    (a) For individual non-group subscribers, the premiums charged deviate from the filed rating methodology.
    (b) For group subscribers not subject to experience rating, the premiums charged are designed to produce total revenue for that group which differs from the revenue requirements for its rating class, as filed with the Office of Insurance Regulation. For group subscribers subject to experience rating, the premiums charged deviate from the filed rating methodology.
    (c) The effect of changes to the underlying age/gender slope, reduction in the anticipated loss ratio for the form, and change in the durational slope for individual contract forms, results in subscriber impact greater than 50 percent of medical trend, as defined by subsection 69O-149.003(6), F.A.C., unless phased-in over a 3 year period. A shorter time period shall be considered on a case-by-case basis based on unique situations and justification by the HMO. The HMO, at its option, may request a new business rate schedule based on the full effect of the new assumptions with the phase-in only applicable to existing subscribers.
    (d) When an HMO discontinues offering a particular contract form for health insurance coverage pursuant to Section 627.6425(3)(a) or 641.31074(3)(a), F.S., the nonrenewal of coverage shall occur on the contract anniversary, and the offer of new coverage pursuant to Section 627.6425(3)(a)2. or 641.31074(3)(a)2., F.S., shall be considered a renewal of coverage and shall be renewed on the contract anniversary at the same class basis as the coverage being discontinued. If the forms do not have consistent class definitions, the class shall be determined based on the original application and underwriting status of the individual when the discontinued coverage was first issued.
    (9) Each HMO shall make an annual filing with the Office for each policy form no later than 12 months after the date of approval of its previous filing for the policy form, demonstrating the reasonableness of benefits in relation to premium rates.
    (10) Prohibitions. A premium schedule is unfairly discriminatory if it incorporates any of the following:
    (a) Select and Ultimate Premium Schedules are prohibited. Select and ultimate premium schedules are premium schedules that have premiums that vary based on the time elapsed since issuance of the contract.
    (b) Attained age premium schedules where the slope by age is substantially different from the slope of the ultimate claim cost curve are prohibited. An attained-age premium schedule is one in which the subscriber’s premium rate is dependent upon his or her age at contract renewal. The aging component of the claim cost is not pre-funded. These schedules shall be constructed so that the slope by age is substantially similar to the slope of the ultimate claim cost curve. The premiums must form a smooth progression and, to eliminate jumps in premium caused by bracketed age groups, HMOs shall use each available renewable age. The requirement to use each available renewable age does not apply to any group contract where the final premium charged is an average of the individual members.
    (c) Premium structures that provide for retroactive cost determination, or if the subscriber or contract holder participate in the experience under the form.
    (11) An HMO may issue multiple year rate guarantee or rating cap provisions subject to the following:
    (a) The coverage is for annually rated group health insurance contracts for which filing of rates is exempted by Section 641.31(3)(d), F.S.;
    (b) The provision may not apply for greater than 24 months;
    (c) The rate for the entire rating period reflects the increased risk of a rate guarantee with an increased premium or other consideration, is actuarially sound, includes claim costs projected at trend levels at least as high as those applicable to other groups with similar benefits structures in the rating area covered under the form(s) and is reasonably anticipated to meet the target loss ratio for the group;
    (d) The provision is available to groups on a nondiscriminatory basis as determined by the insurer’s underwriting standards; and,
    (e) The HMO uses experience rating in determining the group’s rate consistently based on its rating and underwriting practices without regard to whether the rate is issued with or without a rate guarantee.
Rulemaking Authority 641.31, 641.36 FS. Law Implemented 624.424, 641.21(1)(f), 641.22(2), (4), (6), 641.31(2), (3), 641.31074, 641.3922(3) FS. History- New 2-22-88, Amended 10-25-89, Formerly 4-31.054, Amended 10-8-96, 8-15-02, 1-19-03, Formerly 4-191.054, Amended 6-18-07, 7-30-17.