LD 1611
pg. 59
Page 58 of 73 PUBLIC Law Chapter 469 Page 60 of 73
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LR 2137
Item 1

 
filing.__If the superintendent disapproves the rate filing,
the superintendent shall establish the date on which the
filing is no longer effective, specify the filing the
superintendent would approve and authorize the insurer to
submit a new filing in accordance with the terms of the order
or decision.

 
C. When a filing is not accompanied by the information upon
which the carrier supports the filing or the superintendent
does not have sufficient information to determine whether
the filing meets the requirements that rates not be
excessive, inadequate, unfairly discriminatory or not in
compliance with section 6913, the superintendent shall
require the carrier to furnish the information upon which it
supports the filing.

 
D. A carrier that adjusts its rate shall account for the
savings offset payment or any recovery of that savings
offset payment in its experience consistent with this
section and section 6913.

 
E.__Any filing of rates, rating formulas and modifications
that satisfies the criteria set forth in this paragraph is
subject to the provisions of paragraph F:

 
(1)__The proposed rate for any group or subgroup does
not include a unit cost change that exceeds the index
of inflation multiplied by 1.5, excluding any approved
rate differential based on age. For the purposes of
this subparagraph, "index of inflation" means the rate
of increase in medical costs for a section of the
United States selected by the superintendent that
includes this State for the most recent 12-month period
immediately preceding the date of the filing for which
data are available; and

 
(2)__The carrier demonstrates in accordance with
generally accepted actuarial principles and practices
consistently applied that, as of a date no more than
210 days prior to the filing, the ratio of benefits
incurred to premiums earned averages no less than 78%
for the previous 36-month period.

 
F.__Any rate hearing conducted with respect to filings that
meet the criteria in paragraph E is subject to this
paragraph.

 
(1)__A person requesting a hearing shall provide the
superintendent with a written statement detailing the


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