AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO RATES.
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SB 222 — AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO RATES.
Last action — Signed by Governor
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced May 19, 2022. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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3 sponsors
3 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
This Substitute differs from Senate Bill No. 222 as follows: (1) By clarifying the definition of “Core CPI” by including “over-the-year”, which is used by the United States Bureau of Labor Statistics to make clear the calculation is year-over-year and not year-to-date. (2) By clarifying that the Commissioner will use the bimonthly indices developed by the United States Bureau of Labor Statistics ending with the bimonthly index issued in January of the applicable rate filing year. (3) By setting, in Section 2 of this Act, the Core CPI for rate filing year 2022 at 2.7%. As a result, under § 2503(a)(12)a.1. of Title 18 of the Delaware Code, the allowable aggregate unit price growth for rate filing year 2022 is 3.7%, which is the Core CPI, or 2.7%, plus 1%.
Bill Text
What changed in the latest version
55 added · 10 removedPlain-language change summary
The legislative amendment to Bill SB 222 updates the maximum allowable rate increase for health benefit plans in 2022 from 2.7% to 4.5%. This change means that insurance companies can raise their rates more significantly in response to inflation, aligning them with increased costs of living. This adjustment is important as it can affect how much consumers pay for their health benefits and ensures that insurance providers can cover rising expenses while maintaining service quality.
Rep.Sen.
BentzTownsend HOUSE& OFSen. REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE AMENDMENT NO.
2S. TO SENATE SUBSTITUTE NO.
McBride & Rep.
Bentz DELAWARE STATE SENATE 151st GENERAL ASSEMBLY SENATE SUBSTITUTE NO.
222 AN ACT TO AMEND SenateTITLE Substitute18 No.OF THE DELAWARE CODE RELATING TO RATES.
1BE forIT SenateENACTED BillBY No.THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
222Section by1. deleting line 37 in its entirety and inserting in lieu thereof the following:
“CodeAmend is§ 4.5%.”.2503, Title 18 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
SYNOPSIS§ This2503. amendment changes the Core CPI for rate filing year 2022 (insurance plan year 2023) from 2.7% to 4.5%.
HDMaking :of rates [For applicability of this section, see 81 Del.
NSWLaws, :c.
MAW108, Page§ 13] of[Effective 1until Released:Jan.
06/14/20221, 04:372027]. PM 2141510761
(a) Rates must be made in accordance with the following provisions:
(12) a.
Rate filings for health benefit plans may not include aggregate unit price growth for nonprofessional services that exceed the following:
1.
In 2022, the greater of 3% or Core CPI plus 1%.
2.
In 2023, the greater of 2.5% or Core CPI plus 1%.
3.
In 2024, 2025, and 2026, the greater of 2% or Core CPI plus 1%.
b.
For purposes of this paragraph (a)(12) and paragraphs (a)(13) and (a)(14) of this section:
1.
“Core CPI” means the Consumer Price Index for All Urban Consumers, All Items Less Food & Energy, developed by the United States Bureau of Labor Statistics.
the average of the 12 preceding bimonthly indices calculating the over-the-year changes of the Consumer Price Index for All Urban Consumers in the Philadelphia-Camden-Wilmington Area, All Items Less Food & Energy, developed by the United States Bureau of Labor Statistics.
2.
“Health benefit plan” means as defined under §§ 3342A(a)(3)a.
and 3559(a)(3)a.
of this title.
3.
“Inpatient hospital” means noncapitated facility services for medical, surgical, maternity, skilled nursing, and other services provided in an inpatient facility setting and billed by the facility.
4.
“Nonprofessional services” means services categorized as inpatient hospital, outpatient hospital, and other medical services.
“Nonprofessional services” does not include professional services.
LC :
MJC :
CM Page 1 of 2 Released:
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05/19/2022 02:01 PM 5.
“Other medical services” means noncapitated ambulance, home health care, durable medical equipment, prosthetics, supplies, and the facility component of vision exams, dental services, and other services when billed separately from the professional component.
6.
“Outpatient hospital” means noncapitated facility services for surgery, emergency services, lab, radiology, therapy, observation, and other services provided in an outpatient facility setting and billed by the facility.
7.
“Professional services” includes primary care, dental, specialist, therapy, the professional component of laboratory and radiology, and similar services, other than the facility fee component of hospital- based services.
c.
The Commissioner shall annually determine the Core CPI by March 31 of the applicable rate filing year using the bimonthly indices ending with the bimonthly index issued in January of the applicable rate filing year.
d.
The Commissioner shall annually communicate, under § 312(c) of this title, the determination under paragraph (a)(12)c.
of this section to carriers.
Section 2.
For purposes of rate filing year 2022, the Core CPI under § 2503(a)(12)a.1.
of Title 18 of the Delaware Code is 2.7%.
Section 3.
Section 1 of this Act expires on January 1, 2027.
SYNOPSIS This Substitute differs from Senate Bill No.
222 as follows:
(1) By clarifying the definition of “Core CPI” by including “over-the-year”, which is used by the United States Bureau of Labor Statistics to make clear the calculation is year-over-year and not year-to-date.
(2) By clarifying that the Commissioner will use the bimonthly indices developed by the United States Bureau of Labor Statistics ending with the bimonthly index issued in January of the applicable rate filing year.
(3) By setting, in Section 2 of this Act, the Core CPI for rate filing year 2022 at 2.7%.
As a result, under § 2503(a)(12)a.1.
of Title 18 of the Delaware Code, the allowable aggregate unit price growth for rate filing year 2022 is 3.7%, which is the Core CPI, or 2.7%, plus 1%.
Author:
Senator Townsend LC :
MJC :
CM Page 2 of 2 Released:
05/19/2022 02:01 PM 4801510190
Show all 68 changed rows (28 more)
Action History
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Signed by Governor
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Passed By Senate. Votes: 18 YES 1 NO 2 ABSENT
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Suspension of Rules in Senate
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Passed By House. Votes: 28 YES 13 NO
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Amendment HA 2 to SS 1 - Passed In House by Voice Vote
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Amendment HA 1 to SS 1 - Stricken in House
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Amendment HA 1 to SS 1 - Introduced and Placed With Bill
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Reported Out of Committee (Health & Human Development) in House with 2 Favorable, 7 On Its Merits
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Assigned to Health & Human Development Committee in House
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Passed By Senate. Votes: 12 YES 8 NO 1 NOT VOTING
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was introduced and adopted in lieu of SB 222
Sponsors
- Bryan Townsend · Primary
- David Bentz · Primary
- Sarah McBride · Primary
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 0 co-sponsors · 59 not signed on · 21 voted No
Sponsors (3)
- Bryan Townsend Democratic
- David Bentz
- Sarah McBride
Co-sponsors (0)
None.
Not signed on (59)
59 members have not signed on to this bill.
Show all 59 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 2 | 0 | 0 |
| Democratic | 16 | 0 | 0 | 0 |
| Republican | 1 | 11 | 0 | 0 |
| Total | 28 | 13 | 0 | 0 |
| % of votes cast | 68% | 32% | 0% | 0% |
How each member voted (41)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 2 | 0 | 0 |
| Democratic | 9 | 1 | 0 | 1 |
| Republican | 0 | 5 | 0 | 0 |
| Total | 12 | 8 | 0 | 1 |
| % of votes cast | 57% | 38% | 0% | 5% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Bruce C. Ennis | — | Nay |
| Colin Bonini | — | Nay |
| Ernesto B Lopez | — | Yea |
| Kyle Evans Gay | — | Yea |
| Sarah McBride | — | Yea |
| Bryan Townsend | Democratic | Yea |
| Darius J. Brown | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Not Voting |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Nay |
| Brian Pettyjohn | Republican | Nay |
| Bryant L. Richardson | Republican | Nay |
| Dave G. Lawson | Republican | Nay |
| David L. Wilson | Republican | Nay |
| Gerald W. Hocker | Republican | Nay |
Subjects
Frequently asked questions
- What does SB 222 do?
- This Substitute differs from Senate Bill No. 222 as follows: (1) By clarifying the definition of “Core CPI” by including “over-the-year”, which is used by the United States Bureau of Labor Statistics to make clear the calculation is year-over-year and not year-to-date. (2) By clarifying that the Commissioner will use the bimonthly indices developed by the United States Bureau of Labor Statistics ending with the bimonthly index issued in January of the applicable rate filing year. (3) By setting, in Section 2 of this Act, the Core CPI for rate filing year 2022 at 2.7%. As a result, under § 2503(a)(12)a.1. of Title 18 of the Delaware Code, the allowable aggregate unit price growth for rate filing year 2022 is 3.7%, which is the Core CPI, or 2.7%, plus 1%.
- Who sponsors SB 222?
- SB 222 is sponsored by Bryan Townsend (Democratic), David Bentz, and Sarah McBride.
- What is the current status of SB 222?
- This bill has been enacted into law. Introduced May 19, 2022. Enacted.
- Where can I track SB 222?
- Track SB 222 free on One Click Politics — get push/email alerts when it moves.
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