Directors present in person: Darrel Farkus (Oxford); Christine Stearns; Neil Sullivan (DOBI).

Similar documents
Directors present in person: Darrel Farkus (Oxford); Neil Sullivan (DOBI).

Others participating: Ellen DeRosa, Executive Director; Chanell McDevitt, Deputy Executive Director; DAG Eleanor Heck.

regulations, while some were requested by carriers, or made common sense for practical administration of the policies. She noted the following:

R. Lenox provided a summary of the June 2007 Expense report, which included expenses totaling $11,

May 14 June 11 June 25 July 9

Others present: Ellen DeRosa, Deputy Executive Director; DAG Prince Kessie (DOL); Wardell Sanders, Executive Director.

Members participating in Trenton: Darrel Farkus (Oxford); Linda Ilkowitz (Guardian); Dutch Vanderhoof (arrived at 9:50 a.m.).

EDMOND NORTH VOLLEYBALL BOOSTER CLUB BYLAWS

BYLAWS OF OREGON SOCIETY OF ENROLLED AGENTS, INC. ARTICLE I NAME PRINCIPAL ADDRESS

CRANSTON PERMANENT FIREFIGHTERS' RELIEF ASSOCIATION CONSTITUTION AND BY-LAWS

BYLAWS OF ST. JOSEPH FOOD COOPERATIVE Adopted February 2011

Proposed Bylaws of ISACA NY Metropolitan Chapter Inc.

Bylaws of ISACA Rhode Island Chapter PROPOSED. Effective 15 May 2014

ISACA Orange County Chapter Bylaws Updated on July 21 st, 2014

ISACA New York Metropolitan Chapter Bylaws DRAFT (Effective: July 1, 2018)

PARENT-TEACHER ORGANIZATION: BYLAWS AND THE ROLES AND RESPONSIBILITIES (SAMPLE) PARENT-TEACHER ORGANIZATION (PTO) BYLAWS ARTICLE I TITLE

BY-LAWS OF THE HOUSING TRUST FUND CORPORATION. (as Amended through September 6, 2018) ARTICLE I THE CORPORATION

PUBLIC AGENCY RISK SHARING AUTHORITY. Adopted May 27, 2015

SAMPLE CONSTITUTION ARTICLE 1 - NAME AND AUTHORITY

BYLAWS OF. WESTERN PSYCHOLOGICAL ASSOCIATION, INC. A California Nonprofit Corporation ARTICLE I FUNCTION AND PURPOSES ARTICLE II OFFICES

GARLAND CHAMBER OF COMMERCE AMENDED AND RESTATED CONSTITUTION AND BY-LAWS ARTICLE I

Bylaws of ISACA Los Angeles Chapter. Effective: 06/08/10

BY-LAWS of NEW YORK PUBLIC RADIO. ARTICLE I Members The Corporation shall have no members.

BY-LAWS OF THE MIAMI LIGHTHOUSE FOR THE BLIND AND VISUALLY IMPAIRED, INC. (a Florida corporation, not for profit) ARTICLE I GENERAL

Mountain-Pacific Quality Health Foundation. Second Amended Bylaws

Bylaws of ISACA Greater Kansas City Chapter Effective: 5/12/2011

PMSA PTO BYLAWS

A CHAPTER OF THE INSTITUTE FOR PUBLIC PROCUREMENT CODE OF REGULATIONS Revised August 03, 2012 ARTICLE I NAME

Section 4: Correspondence between members will be via the website, and monthly meetings.

BYLAWS OF MINNESOTA EROSION CONTROL ASSOCIATION

BY-LAWS OF ARBOR DOG PARK ACTION COMMITTEE, INC., A NOT-FOR-PROFIT CORPORATION

BYLAWS TEMPLATE MEMBERSHIP ORGANIZATION BYLAWS. Article I - Offices

By-Laws for the, Ocean County, New Jersey (club name) Section 1 Name The name of this organization shall be (club name)

Bylaws of the Virginia Writers Club, Inc.

Municipal Treasurers Association of Wisconsin Constitution and By-Laws

Loudoun County Democratic Committee Bylaws

Municipal Library Board of Trustees. Runnemede, NJ. By-Laws

Independent Payment Advisory Board (IPAB)

SUMMERVILLE DORCHESTER MUSEUM, INC. (As of March 2018)

SADDLEBROOKE HIKING CLUB MISSION STATEMENT AND BY-LAWS. HIKING CLUB MISSION STATEMENT Approved October 1, 2003

THE INSTITUTE OF INTERNAL AUDITORS - LONG ISLAND CHAPTER, INC.

SEBASTIAN RIVER HIGH SCHOOL BAND BOOSTERS INC. BY-LAWS

Champaign County Humane Society. Bylaws ARTICLE I NAME

Integrity Oversight Monitor Training Session

Adopted by Majority Vote of the General Membership June 11, 2003 (As amended February 19, 2008) (As amended September 24th, 2013)

BY LAWS OF THE ASSOCIATION OF NEW JERSEY RECYCLERS Amended March 2012 ARTICLE III NAME

Junior Market Livestock Program Order of Operations Adopted November 2008

LOS ANGELES COUNTY CHILDREN AND FAMILIES FIRST- PROPOSITION 10 COMMISSION (FIRST 5 LA) (Amended as of 07/10/2014) BYLAWS. ARTICLE I Authority

ATD Puerto Rico Chapter, Inc. 100 Grand Paseo Blvd. Suite 112 PMB 363 San Juan, PR 00926

BYLAWS OF THE EDGAR J. (GUY) PARADIS CANCER FUND. Article I General

Authorized By: New Jersey Board of Public Utilities, Richard S. Mroz, President, Joseph L.

BY-LAWS THE ARCHITECTURAL LEAGUE OF NEW YORK, INC. ARTICLE I NAME AND OBJECTS

By-Laws Foxboro Youth Baseball and Softball Association. September 2015

CONSTITUTION THE NEW BRUNSWICK FOSTER FAMILIES ASSOCIATION INC. L ASSOCIATION DES FAMILLES D ACCUEILS DU NOUVEAU BRUNSWICK INC.

PROPOSED REVISED AND AMENDED BYLAWS OF MIDWEST HARDWARE ASSOCIATION, INC.

BYLAWS OF THE BOARD OF DIRECTORS OF THE EAST CONTRA COST FIRE PROTECTION DISTRICT

ILLINOIS FIREFIGHTERS ASSOCIATION, INC. CONSTITUTION AND BY-LAWS

SEBASTIAN RIVER HIGH SCHOOL BAND BOOSTERS INC. BY-LAWS

Restated Bylaws. Effective: April 3, Revised Standing Rules. Effective: _August 17, 2017

TRANSPORTATION RESEARCH FORUM By-Laws

BYLAWS OF THE American Alliance of Orthopaedic Executives. ARTICLE I Name

BYLAWS GLACIAL LAKES CORN PROCESSORS. A Cooperative Organized Under South Dakota Statutes, Chapters to 47-20, inclusive

Appendix A LETTER OF INTENT SAMPLE. To the AVS Board of Directors:

VINTAGE HIGH MUSIC BOOSTERS

SUPERINTENDENT'S CONTRACT OF EMPLOYMENT PONCA PUBLIC SCHOOLS

INDIAN MILLS ATHLETIC ASSOCIATION, INC. CONSTITUTION AND BYLAWS

CHAPTER BY-LAWS. Persatuan Audit Dan Kawalan Sistem Maklumat Bahagian Malaysia

Rules of the Contracts and Purchasing Board of Cuyahoga County, Ohio

BYLAWS of the ASSOCIATION FOR CHILD AND ADOLESCENT COUNSELING (Amended March 2016)

AMENDED AND RESTATED BYLAWS OF THE AGRICULTURAL UTILIZATION RESEARCH INSTITUTE

BY-LAWS OF GEORGIA STATE RETIREES ASSOCIATION A Not-For-Profit Corporation. The name of the organization shall be Georgia State Retirees Association.

The purpose of the Association shall be to advocate for equitable distribution and access to improved health status for rural Kentuckians.

GEORGIA HEAD START ASSOCIATION BY-LAWS

Centrica plc (the Company) Audit Committee (the Committee) - Terms of Reference

ARTICLES OF AND BYLAWS INCORPORATION OF THE MISSOURI STATE TEACHERS ASSOCIATION

Valley Oaks Parent-Teacher Advisory Committee Bylaws REVISED: 3/2018. ARTICLE I. Objective

CENTRAL WYOMING CHAPTER SAFARI CLUB INTERNATIONAL AMENDED BYLAWS

OLD TAPPAN PARENT TEACHER ORGANIZATION, A NJ NONPROFIT CORPORATION REVISED BYLAWS 2018 ARTICLE I - NAME

TABLE OF CONTENTS. ARTICLE I Introduction Background Authority Mission Commissioners.. 1. ARTICLE II Officers

NATIONAL ASSOCIATION OF COUNTY COLLECTORS, TREASURERS AND FINANCE OFFICERS (NACCTFO) CONSTITUTION AND BY-LAWS (Revised 07/19/2017) PREAMBLE ARTICLE I

CONSTITUTION Article I - Name and Objectives Section 1 Name. This Society shall be known as the TERATOLOGY SOCIETY.

Notice to Our Members January 14, 2019

BY LAWS OF THE ASSOCIATION OF NEW JERSEY RECYCLERS Amended April 30, 2018 ARTICLE II NAME

AMENDED BYLAWS OF NATIONAL NATIVE AMERICAN BAR ASSOCIATION. Adopted by the Board of Directors and Membership as of April 8, 2015

Bylaws of the Maine Turnpike Authority 2012 Revision

CHAPTER BY-LAWS THE INSTITUTE OF INTERNAL AUDITORS MEMPHIS CHAPTER

Bylaws of the Woodcreek Community Association, Calgary Society #

BYLAWS OF THE WEST CENTRAL NEIGHBORHOOD ASSOCIATION, INC.

BYLAWS COUNTY INFORMATION RESOURCES AGENCY

National Fire Sprinkler Association By Laws (last revised June 2015 )

CONSTITUTION AND BY-LAWS. [ Name of Private Organization ]

2017 BY-LAWS, RULES AND REGULATIONS OF THE BOARD OF CHOSEN FREEHOLDERS OF THE COUNTY OF BURLINGTON ARTICLE I

Bylaws Changes for Membership Approval As of October 20, 2017

Muskingum Valley Park District Board of Park Commissioners AMENDED BYLAWS

The International Association of Lions Clubs (Lions International) Multiple District 44 State of New Hampshire

North Carolina Lions, Incorporated PO Box 39 Camp Dogwood Drive Sherrills Ford, NC By-Laws

Bylaws Table of Contents. Article I Membership. Article II Rights and Liabilities of Members. Article III Meetings of Members. Article IV Directors

(a) Definitions. As used in this section, the following definitions apply:

METRO CARVERS of MICHIGAN, INC. BYLAWS

CUMBERLAND COUNTY BOARD OF VOCATIONAL EDUCATION

Transcription:

FINAL MINUTES OF THE MEETING OF THE NEW JERSEY INDIVIDUAL HEALTH COVERAGE PROGRAM BOARD AT THE OFFICES OF THE NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE TRENTON, NEW JERSEY Directors present in person: Darrel Farkus (Oxford); Christine Stearns; Neil Sullivan (DOBI). Directors present by phone: Sandi Kelly (Horizon); Tony Taliaferro (AmeriHealth); Mary Taylor (Aetna Health, Inc); Lisa Yourman. Others participating: Ellen DeRosa, Executive Director; Rosaria Lenox, Program Accountant; Chanell McDevitt, Deputy Executive Director; Deputy Attorney General (DAG) Eleanor Heck. I. Call to Order E. DeRosa called the meeting to order at 10:03 A.M. She announced that notice of the meeting had been published in two newspapers of general circulation and posted at the Department of Banking and Insurance ( DOBI ), the DOBI website, and the Office of the Secretary of State in accordance with the Open Public Meetings Act. A quorum was present. She stated that votes would be by roll call because so many of the Board members were participating by phone II. Minutes November 9, 2010 (Open Session) S. Kelly made a motion, seconded by C. Stearns, to approve the Open Session minutes of the meeting of November 9, 2010. By a roll call vote, the motion carried. III. Staff Report Expense Report and Transfer of Funds R. Lenox presented the January Expense Report, with expenses totaling $48,150.35, primarily for the services of Withum, Smith+Brown (WSB) related to loss audits, salaries and fringe for staff and the Division of Law for legal services. R. Lenox explained that there was a Federal Express expense that is the responsibility of NJ Protect, for which NJ Protect will reimburse the IHC Board. It was briefly noted that NJ Protect is a part of the IHC Program, but is funded separately through a federal allotment, and that the IHC Program is not assessing member carriers for specific NJ Protect administrative expenses or claims. M. Taylor made a motion, seconded by C. Stearns, to approve the January Expense Report. By a roll call vote, the motion carried. R. Lenox then requested approval for the transfer of $200,000 from administrative funds held by DOBI to the IHC Board s Wachovia money market account for the payment of future expenses, and to earn interest for the IHC Program. She also requested approval for the transfer of $48,200

Page 2 from the Board s Wachovia money market fund to the Board s Wachovia checking account to cover the payment of the January expenses. M. Taylor made a motion, seconded by S. Kelly, to approve the electronic transfer of $200,000 from the administrative fund held in DOBI to the money market account at Wachovia for purposes of paying present and future expenses, followed by an electronic transfer of $48,200 from the IHC Board s Wachovia money market account to its Wachovia checking account for purposes of paying the January expenses. By a roll call vote, the motion carried. Update on the proposed readoption of IHC Program rules E. DeRosa explained that the proposed readoption of the IHC Board s rules within N.J.A.C. 11:20 would be published in the New Jersey Register on January 18, 2011. She stated that a hearing will be scheduled for March 8, 2011, prior to the Board s meeting, but that the comment period will continue until March 19. E. DeRosa noted that the readoption is going through the regular Administrative Procedures Act process, not the Board s statutory expedited process. She stated she believes that the Board will be in a position to take action to adopt the proposed readoption during the regularly-scheduled May meeting. Update on NJ Protect E. DeRosa stated that NJ Protect has enrolled 274 people, and that AmeriHealth has signed a contract to participate in NJ Protect, although U.S. Department of Health and Human Services (HHS) has not officially given approval of this change yet. E. DeRosa explained that HHS requires NJ Protect to be audited annually, and audited financial statements to be submitted by June 30 th. E. DeRosa explained that staff would issue a Scope of Work to the auditing firms currently under contract with the New Jersey Department of Treasury in order to expedite the process. She said it will be necessary for the IHC Board to establish an evaluation committee to evaluate the proposals submitted. The IHC Board agreed, and three members (Oxford, DOBI and Christine Stearns) volunteered to participate on the committee. E. DeRosa also noted that the DOBI had been awarded a Consumer Assistance grant by the U.S. HHS (as part of the Affordable Care Act), and anticipated funding some marketing materials for NJ Protect. IV. Plan Riders Basic & Essential (B&E) Plans Oxford B&E Plan Rider D. Farkus recused himself from discussion and action regarding the rider filed by Oxford because of the interest of his employer in the outcome of the Board s actions on the matter. E. DeRosa explained the purpose of the rider, which is to remove the 90-day hospital confinement limit, add coverage of generic drugs (at a $20 copayment) and brand name drugs (subject to a $500 deductible and 50% coinsurance); remove the $600 wellness service limit, addition of a $3000 benefit each for durable medical equipment (DME) and hospice subject to a 50% coinsurance, plus addition of 50% coverage for home health. She noted that Oxford had

Page 3 withdrawn its old riders, and thus, contracts with them would be nonrenewed, but Oxford members would have the opportunity to purchase the new rider. She recommended that the filing be approved. L. Yourman made a motion, seconded by M. Taylor, to approve the rider filed by Oxford for its B&E Plan. By a roll call vote, the motion carried. AmeriHealth B&E Plan Riders T. Taliaferro recused himself from discussion and action regarding the riders filed by AmeriHealth because of the interest of his employer in the outcome of the Board s actions on the matter. E. DeRosa explained that AmeriHealth had submitted amendments to both of its B&E Plan riders. She explained a primary purpose of the riders was to bring the contract language into compliance with new rules, and that, in addition, both riders establish a $30 copayment for physician visits, and eliminate the limits for out of hospital diagnostic and wellness services. She explained that the amendment to the preferred rider also added coverage for services at a number of additional facilities, chemotherapy, home health care, hospice care, prosthetics and DME, and a limited prescription drug benefit ($1500 subject to a 50% coinsurance). She recommended the filing be approved. There was brief discussion whether the Board should approve a plan that may not be in compliance with the federal law (i.e., the limited drug benefit), but Board members agreed the issue is a matter of interpretation of the federal law which is not within the Board s purview. M. Taylor made a motion, seconded by C. Stearns, to approve the AmeriHealth B&E riders. By roll call vote, the motion carried. V. Plan Waiver from Annual Limits Application E. DeRosa stated HHS finally provided written approval of the waiver request she filed to allow the $500, $600 and $700 limits to be retained under the B&E Plan. She noted that carriers are required to send a notice regarding waivered plans within 60 days following the approval, but that the sample notice prepared by HHS for carriers obtaining waivers was not entirely appropriate for the B&E Plan situation, so she has requested from HHS that an alternative notice be allowed. She stated she is waiting for a response from HHS. Because the HHS waiver is only good for 12 months at a time, E. DeRosa asked that the Board begin thinking about whether subsequent waiver requests should include the B&E Plan s $600 preventive benefit as well. The Board asked that TAC consider the issue. VI. Hospital Confinement Indemnity Plans AFLAC issue E. DeRosa explained that AFLAC (American Family Life Assurance Company) was requesting that the IHC Board amend its definition of hospital confinement indemnity coverage to allow greater flexibility for companies selling the coverage. Ed Donahue from AFLAC, and Bill Megna (AFLAC s local counsel), provided more detail about the product and the company s concerns, and suggested that the Board remove the definition from its rules, rather than amend it,

Page 4 so that periodic amendments would not be necessary. AFLAC specifically noted that the coverage is an occurrence-based, not expense-incurred based policy (typically sold to groups on an employee-pay-all basis), and is subject to prior approval of the DOBI; and further, that AFLAC has no objection to a requirement that the company confirm that the AFLAC coverage is not being purchased in lieu of or as a replacement for health coverage. AFLAC stated that it offers a per day cash benefit in 47 other states that exceeds the $250/day benefit it offers in New Jersey, and is prevented from offering the higher level of benefits in New Jersey because of the definition in the IHC rules. The Board indicated it would consider the matter further, but requested more information from AFLAC, including more information about the products it offers in the other states. VII. Reconciliation of 1993, 1994 and 1995 Loss Calculation Periods E. DeRosa reported that both the Operations & Audit Committee (OAC) and the Technical Advisory Committee (TAC) had met to review updates to the spreadsheets regarding the payouts to carriers following the reconciliation of the 1993 through 1995 loss calculation periods, which now includes distribution of interest earned on monies held, and distribution of late fees collected in the reconciliation process (when the IHC Board billed carriers determined upon reconciliation to owe additional assessments for losses). Both the OAC and TAC had recommended that the IHC Board approve distribution of the funds as indicated on the spreadsheets, which included interest reported by Treasury through June 30, 2010, subject to updating for interest earned since July 1, 2010 to the date of distribution of the refunds. M. Taylor made a motion, seconded by L. Yourman, to transfer $1,782,507.80 from the funds held in the DOBI account, and $6,410,540.98 plus interest earned from July 1, 2010 through the date the transfer is made from the funds held in Treasury to the IHC Board s checking account at Wachovia. By a roll call vote, the motion carried. VIII. Operations & Audit Committee (OAC) Report Financials M. Taylor reported that, in addition to reviewing the reconciliation payment spreadsheets and methodology, the OAC also reviewed the Board s quarterly financial statements prepared by staff, which shows that expenses (at $68,000) are currently coming in significantly under budget (by $114,000). IX. Technical Advisory Committee (TAC) Report S. Kelly reported that, in addition to reviewing the reconciliation payment spreadsheets and methodology, the TAC had reviewed the quarterly B&E reports to discern whether the B&E plans are creating adverse selection in the market. S. Kelly stated that the TAC had found no evidence of adverse selection. X. Updates on Loss Audits E. DeRosa provided an update regarding the on-going loss audits. Most notably, Time Insurance Company recently provided additional information to Deloitte & Touche, which is under review.

Page 5 In addition, E. DeRosa noted that the hearing regarding Protective Life Insurance had taken place on December 15, 2010, with Vicki Mangiaracina arguing the matter for the IHC Board. E. DeRosa explained that Protective continued its same arguments (that it should receive its fullyrequested reimbursement without further audit action because there were no claims in dispute, it had substantially complied with the audit, and it was through no fault of Protective that it was unable to procure all of the relevant information from American Chambers Life). She explained that V. Mangiaracina continued to refute the arguments, but was able to add that Protective was well aware of American Chambers precarious position before the conservatorship and liquidation of that company, because Protective had alerted the Ohio Department of Insurance to American Chambers problems. E. DeRosa noted that the judge had asked no questions, and that V. Mangiaracina expected a decision on the matter relatively soon. XI. Ethics Issue L. Yourman brought to the Board s attention that she may be investigated for a possible ethics violation in her position as a member of the Fairlawn Board of Education based on an allegation of a conflict of interest in a due process request filed on behalf of her son under the federal Individuals with Disabilities Education Act. She stated she believes the Board should be aware of it, because there have been some news articles about her situation. XII. Close of Meeting S. Kelly made a motion, seconded by L. Yourman, to close the meeting of the Board. By a roll call vote, the motion carried. [The meeting adjourned at 11:45 A.M.]