PR Carta Normativa Núm. CN-2023-332-AS
Form and Rate Filings Submissions to be Effective for Calendar Year 2024 (Enmendada: Ver CN-2023-337-AS)
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Attachment 1
Puerto Rico
Rate Filing Instruction Manual
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Overview
This instruction manual supports implementation of the requirement of Ruling Letter No. CN-
2017-218-AS of March 6, 2017. For all ACA compliant products, rates for new products and all
rate changes must be submitted to the OCI for approval.
For all grandfathered products only rate increases must be filed with the OCI. Under Section
2794 of the Public Health Service Act, as amended by Section 1003 of the Federal Patient
Protection and Affordable Care Act (“PPACA”), disability insurers that write medical plans in
Puerto Rico have the obligation to submit to the Office of the Commissioner of Insurance
(“OCI”,”OCS”), for review and approval, any rate increase for non-grandfathered plans where
the average increase is equal to or greater than ten percent (10%) of current rates, effective
September 1, 2011. For Health Service Organizations all rate increases must be submitted to
OCI no matter the amount of the increase. The purpose of this requirement is to allow the OCI
(OCS) to determine whether the proposed rate increase for small group and individual markets is
unreasonable. Rates that are subject to approval by the OCI (OCS) must be submitted at least
sixty (60) days before the effective date.1 If there is an objection from the OCI (OCS), the time
required for the objection to be answered will not be included in the 60 days and therefore may
delay the implementation date.
The carrier MUST only use the rates filed and approved.
A complete rate filing must include all of the information required by Ruling Letter No. CN-
2017-218-AS, as applicable. The manual and templates do not supersede the regulations, they
merely standardize and make explicit the information already required or allowed to be requested
by those regulations.
Carriers must use SERFF to submit their rate filings as required by Ruling Letter 2012 140-AV
of February 7, 2012. Carriers must fill out all the SERFF data elements, including Affordable
Care Act (“ACA”) data elements, or the filing will be rejected as incomplete. ACA requires that
if there is any rate change to an ACA compliant product, rates for all ACA compliant products in
that market (individual or small group) must be filed together. That is if any rates change all
previously filed rates must be filed again with the new rates.
Under the Affordable Care Act and rules that became effective on 9/1/2011, carriers with
average rate increases of more than 10% per year must submit rate justification information to
the Federal Center for Consumer Information and Insurance Oversight (“CCIIO”). For non-
ACA compliant products2, the federal rate summary worksheet and Preliminary Justification also
should be submitted to the Centers for Medicare & Medicaid Services (“CMS”) on the same date
as the filing with the OCI (OCS). Please note that the information submitted to the OCI (OCS)
should be consistent with the information submitted to the “CCIIO” and “CMS.” In Puerto Rico,
all rate increases by HMOs must be filed with the OCI (OCS) if they are ACA compliant or not.
1 To ensure that rates are approved before they are effective the OCI is requesting that all rates be filed 90 days
before they are used. This will be May 30, 2014 for rate filings for 2015 rates.
2 Non-ACA compliant policies include grandfathered policies and transitional policies.
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Consistent with ACA, the OCI (OCS) requires rate filings to include the following parts, if there
is any change in rates or plans offering of ACA compliant products in a market. For all ACA
compliant products the following should be filed once a year even if there is no rate change. For
ACA compliant products and all grandfathered HMO rate increases and non-HMO rate increases
over 10% should also submit the following:
1) Federal Rate Review Justification Part I: Unified Rate Review Template (URRT);
2) Public form of the rate filing information to be placed on the OCI (OCS) website and
used for the HIOS Federal Rate Review Justification Part II: Written explanation of any
rate increase that is 10% or over;
3) Actuarial Memorandum meeting the requirements of Puerto Rico and the federal 2014
Actuarial Memorandum and Certification Instructions 2.0 (Part III).
4) Puerto Rico actuarial certification;
5) Actuarial value calculator screenshots (for ACA compliant only);
6) SERFF Rate template;
7) Rate manual
8) Puerto Rico Benefits Map (if different from the Benefits Map already filed with the OCI
(OCS) or not Benefits Map has been filed; and
Section I: Unified Rate Review Template (URRT)
Provide a copy of the URRT template in Excel and also in a PDF printout version. The URRT
should be completed with all HIOS information.
For a more complete description of the items in the URRT, please refer to the Department of
Health and Human Services (HHS) instructions.
Section II: Written Explanation
For all rate increases that are greater than the review threshold, a brief written explanation of the
rate increase must be submitted. This written explanation must include a simple and brief
narrative describing the data and assumptions that were used to develop the rate increase. This
includes:
1) Brief description in simple language the reasons why the rate increase is being requested;
2) Explanation of the most significant factors causing the rate increase, including a brief
description of the relevant claims and non-claims expense increase reported in the rate
increase summary; and
3) Brief description of the overall experience of the policy, including historical and
projected expenses, and loss ratios.
This summary will be uploaded to the OCI website for public use and it will also be used for the
HIOS Preliminary Justification Part II that is required for all rate increases over 10%.
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Section III: Federal Actuarial Memorandum and Certification3
The Actuarial Memorandum and Certification documents the methodology used in developing
the rates and includes an actuarial opinion signed by a qualified actuary providing an opinion
that the rate filing was developed according to actuarial standards and principles and the laws of
Puerto Rico.
A Part III Federal Actuarial Memorandum, including a corresponding actuarial certification,
must be submitted with each Part I Unified Rate Review Template.
The purpose of the Part III actuarial memorandum is to provide support for the values entered
into the Part I Unified Rate Review Template. The documentation should clearly identify the
plans applicable to each piece of information. All assumptions should be adequately justified
with supporting data, where possible, and the rationale for the use of the chosen assumptions.
For a more complete description of the items in the Part III Actuarial Memorandum and
Certification, please refer to the Department of Health and Human Services (HHS) instructions.
Section IV: Puerto Rico Actuarial Memorandum
In order to review rates in Puerto Rico the OCI requires information in addition to the federal
actuarial memorandum. We encourage carriers to submit both the federal information and the
additional Puerto Rico information in the same document. Information that we believe to be in
addition to the federal requirements is italicized below. This difference may change in the future
as the federal requirements change.
The carrier must provide a detailed description of the method used to develop the premium rates.
Since there is much overlap with the Federal Actuarial Memorandum, one actuarial
memorandum can be submitted as long as it contains all of the information required in both
memorandums. The major difference is the Puerto Rico requirements is the addition of
quantitative support for assumptions. The memorandum should also include more detail on any
item that the carrier believes is driving the rate increase projections or would be of particular
concern when reviewing the rate filing.
Overview of Rate Increase
Provide a brief explanation of why a rate increase is being requested and on what policy forms
including the names of the policy forms affected.
Describe the scope and driving factors impacting the rate increase including a description of how
the rates were determined.
Provide a description of:
1) Type of Products;
2) Benefits;
3) General Marketing Method;
3 See Appendix A for Actuarial Certification
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4) Premium Classifications or Rating Factors; and
5) Underwriting Method (grandfathered only).
Rate increase information including:
1) Historic rate increases for the last 3 years;
2) Proposed effective date of the rate increase (grandfathered only);
3) Requested minimum, maximum and average rate increase – from current rates and annual
from one year prior; and
4) Effective through date and any rate increase schedule applicable (small group only).4
Base Period Experience
Provide an explanation of the base period experience used indicating the basis of the data used,
the first incurred date included and the last incurred date included. The last paid date used should
be provided, which indicates the paid through date for the base period experience.
Provide an explanation of how incurred claims were estimated from paid claims including the
average completion factor5 used and an explanation of adjustments made to base period claims
experience.
If contract reserves were established for these contracts, describe what they are for, how they
were developed and how they impacted the rate development.
Describe the treatment of large claims and claims pooling, if any.
Treatment of commercial reinsurance, if any. This is separate from the Transitional Federal
Reinsurance program, but is adjustments for commercial reinsurance purchased by the carrier to
protect against the risk of large claims.
Provide an exhibit showing current age distribution and the age distribution anticipated for
projection period, if different.
Capitation Payments
Describe what is covered by any capitation payments and the PMPM impact.
Projection Factors and Claims Trends
Provide documentation of all assumptions and methodologies used in the development of the
impact of morbidity and enrollee mix.
If there were changes in the benefits covered, provide a description of all benefit changes and
quantitative support of their impact.
4 Small group rate increases can only be on a quarterly basis.
5 The average completion factor is the ratio of the incurred claims for a period of time to the paid claims for the
same period as of the last paid date used for the base period experience. The incurred claims are the total claims
that are expected to be paid in the base experience. The paid claims are the amounts that have actually been paid as
of any point in time. As time goes on more claims are paid and the ratio is higher.
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For each Essential Health Benefit (EHB) not covered previously, the additional cost permember-per-month (PMPM) with an actuarial explanation of how the additional cost was
developed.
Provide a description of all changes in the rating structure, if any, and provide quantitative
support of their impact including all assumptions used.
Provide quantitative support of the impact due to changes to network, if any.
If there are other changes impacting rates, provide a description and quantitative documentation
of all factors, including any adjustments for past experience due to actual loss ratios differing
from target loss ratios.
Provide quantitative documentation of the trend development including as well as an explanation
of the data, assumptions, and periods used.
Provide:
Changes in medical cost trend by major service categories for the past three years and
future projections.
Changes in the use of services by major service categories for the past three years and
future projections.
Historic cost and utilization assumptions used compared to the actual trends experienced. Until
2015 filings for the 2016 rates, there may be little or no information, but starting in 2015 you
should provide the past projections compared to the actual experience.
Please explain significant changes in assumptions from the prior filing assumptions.
Manual Rate Development
If the experience for the product is too small to be considered credible, alternative claims
experience can be used. Include detail description of all alternative experience data used and
how it was adjusted to be appropriate for the market including any adjustments similar in type to
the adjustments made to base data.
Credibility
Indicate the credibility methodology and credibility level of the base period experience.
Paid to Allowed Ratio
Provide a quantitative demonstration of the development of the paid to allowed ratio.6 Since
Puerto Rico has different claims distribution patterns than those used as the basis of the AVC, it
has been determined that company specific projections, which will not be similar to the AVC
outputs, should be used for Puerto Rico rate development and in the URRT Market Experience
worksheet cell V33. 7
Risk Adjustment and Reinsurance
Risk adjustment and reinsurance do not apply to Puerto Rico.
6 This ratio is actually the incurred claims to allowed claims ratio
7 The AVC should be used for the determination of metal levels unless it is replaced by a Puerto Rico specific
calculator
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Non-Benefit Expense Projections
The methodology used to project non-benefit expenses, including gain/loss margins, should be
explained. If a loss ratio approach was used, the carrier should explain how the target loss ratio
was developed.
Administrative Costs
Identify the main factors that affect changes in administrative costs. Discuss how changes in
projected administrative costs and profit are impacting the rate increase and what is driving these
changes.
If budgets were used, the carrier should explain when the budgets were developed and for what
time period.
Provide actual administrative expenses PMPM for the last three years and explain any significant
changes in administrative expenses from the prior filing.
Provide a breakdown of projected administrative expenses with any marketing, commission, and
quality improvement costs separated. If there are no quality improvement costs in the
administrative costs, indicate zero.
If administrative expenses vary by plan explain why.
Projected Gain/Loss Margins
Provide an explanation of how the projected gain/loss margins were developed and any changes
from prior filings.
Taxes and Fees
Provide a description of applicable taxes and fees, their impacts, and an explanation of how they
were allocated across plans.
Provide a breakdown of projected taxes with amounts of each and their quantitative
development.
Medical Loss Ratio
Describe how the projected federal medical loss ratio was calculated. Describe how the
credibility adjustment was determined. A demonstration of the projected loss ratio using the
federal loss ratio formula should be provided including the values used.
If the loss ratio is less than the federal rebate requirement, explain the plan to comply with the
Federal MLR requirement.
Index Rate
This documentation should provide a descriptive and quantitative development of the plan index
rates starting with the market index. This development should be supported by excel exhibits
with formulas intact. The following steps should be explicit:
1) Plan level adjustments
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a. Projected ratio of incurred claims to allowed claims (pricing actuarial value) for
each plan and any adjustment to utilization due to cost sharing (separate, if
possible);
b. Provider network, delivery system and utilization management adjustment;
c. Benefits in addition to EHBs (the estimate of these benefits should be shown in a
quantitative development);
d. Impact of the eligibility for the catastrophic plan; and
e. Administrative costs.
2) Calibration for base characteristics to base market allowed:
a. Weighted average age;8
b. Calibration for family composition;9, and
c. Calibration for tobacco usage.10
Provide quantitative documentation of the rating factor for tobacco.
Provide an example procedure of determining a family rate. Demonstrate that this family rating
complies with the federal rating rules of the ACA.
AV Metal Values
The AV Metal Values must be determined using the Federal Actuarial Value Calculator. If an
alternative methodology was used due to a unique plan design, it must be well documented.
Plan Adjusted Index Rate
Provide quantitative development in excel with all formulas of the plan adjusted index rate. This
development should start with the market index rate and show all adjustments in the
development of the plan adjusted index rate. The plan adjusted index rate divided by the average
age factor should result in the plan base rate (age 21 non-tobacco rate).
Membership
Provide documentation of all assumptions used to project membership and provide support for
those assumptions.
Company Financial Condition
Describe the financial situation of the company, including surplus, if any. Provide 5 years of
RBC ratio levels.
Provide historic loss ratios for the last five years.
8 The federal instructions only ask for a weighted average age, but we are requesting the calibration factor, which
is typically the inverse of the weighted average age factor.
9 This calibration is for the situation where there are more than three children, but only three can be included in
the premium.
10 At this time we believe that the federal instructions will be to add this calibration to the actuarial value
adjustment, but we would like to see it separated out.
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Small Groups Affected
The carrier should provide a list of all small groups affected by the proposed rate increase, the
proposed increase for each group, the date of the group’s contract renewal, and the effective date
for each group 30 days prior to implementation. The list of small groups affected and renewal
dates will depend on the proposed effective date of the rate increase. The carrier should list all
small groups that will receive a rate increase in the next 30 day period with each group’s average
rate increase, renewal date and rate increase effective date in an Excel file attached to an email to
the OCI. This information will eventually be posted to the OCI website.
Section V: Public Information
Every carrier must provide a written summary of the rate filing to be displayed on the OCI
(OCS) public website. For rate increases over 10% this will also serve as the Preliminary
Justification Part II that should be uploaded to HIOS.
Section VI: Rate Template
Provide the federal SERFF Rates Template in excel. This may need to be uploaded in a zip file if
they are too large to upload to SERFF.
Section VII: Benefits Map and Actuarial Value
Every carrier should provide to the OCI a benefits map which shows, for all plans, all benefits
covered and their respective cost sharing amounts and limits. If the benefits map for a plan has
not changed from the prior filing, it does not need to be resubmitted. The carrier should submit a
list of plans with an indication of which Benefits Maps are included and the date submitted for
any that were submitted previously.
Also for all plans, screenshots of the federal Actuarial Value Calculator (AVC) populated with
plan cost share information should be submitted. If the plan has a unique plan design that does
not work with the federal Actuarial Value Calculator, a certification of unique plan should be
submitted to the OCI as well as quantitative documentation of all adjustments and explanation of
all differences that could not be accommodated using the AVC . If the plan decides not to use the
AVC, they should provide a certification of unique plan design, an explanation of why they did
not use the AVC, and quantitative support for the calculation of each plan’s actuarial value.
If several plans are offered at the same metal level in the same region, the sponsor should
provide further information on them describing what differentiates them and what the target
market is for each.
Section VIII: Rate Manual
If the rate manual has changed or if a carrier has a new product, it should file the rate manual
with the OCI.
P R 0 0 9 1 8
0 9 1 9
. p r . g o v
GOVERNMENT OF PUERTO RICO
Office of the Commissioner of Insurance
Appendix A – Standardized Actuarial Certification Letter
Certification
Standardized Excel Worksheet/Written Filing Documentation/Rate Manual
I hereby certify that I was in charge of the preparation, revision or supervision of
the worksheet data information corresponding to the submitted rate increase filing. In addition, I certify that the submitted
information is accurate, true and complete.
I also acknowledge responsibility for the validity, accuracy and completeness of the contents of the Written Filing Documentation
and the Rate Manual.
Signature
Title
Carrier
Date
1 0
W o r l d P l a z a B u i l d i n g 2 6 8 M u ñ o z R i v e r a A v e . S a n J u a n ,
3 6 1 C a l a f S t r e e t P . O . B o x 1 9 5 4 1 5 S a n J u a n , P R 0
P h o n e 7 8 7 . 3 0 4 . 8 6 8 6 F a x 7 8 7 . 2 7 3 . 6 0 8 2 w w w . o c s
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Attachment 2
DEPARTMENT OF HEALTH & HUMAN SERVICES
Centers for Medicare & Medicaid Services
7500 Security Boulevard, Mail Stop C2-21-15
Baltimore, Maryland 21244-1850
Part I Unified Rate Review Template Instructions
February 3, 2014
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Part I Unified Rate Review Template v2.0.1
The Part I Unified Rate Review template is required to be submitted by all issuers in the
individual, small group and/or combined markets that are proposing a rate increase on any
single risk pool compliant products. In addition, all issuers applying to offer at least one QHP in
the state must submit the template for the market in which the QHP would be offered. The
template may also be required by regulatory authority for products in the single risk pool.
Issuers are required to submit the annual rate change (i.e. January rate changes). In addition,
quarterly rate increases for the small group market are allowed if allowed by the state
regulatory authority. See the Appendix for additional detail on the timeframe for submission.
All issuers are required to set the Index Rate for an effective date of January 1 of each year, and
file the Index Rate with the applicable regulatory authority. Subject to state requirements, small
group issuers are allowed to file subsequent submissions that reset the Index Rate for the
remaining quarters of the calendar year.
The Part I Unified Rate Review template is intended to:
• Demonstrate compliance with the Single Risk Pool requirement of 45 CFR Part 156.80,
• Provide support for the development of the Index Rate which is defined in 45 CFR Part
156.80(d),
• Identify product level rate increases to determine whether a rate increase is subject to
review under 45 CFR Part 154, and
• Provide supporting information to State or Federal regulators for product level rate
increases
Additional information about how CCIIO uses or discloses information from the template is
described in the Appendix.
Specific instructions for the treatment of dental plans within the Part I Unified Rate Review
template have been developed for plans offered in 2015 and beyond.
• Only embedded pediatric dental benefits within a medical plan should be reflected in
the Part I Unified Rate Review Template. Further, in order for the dental costs to be
included in the Part I Unified Rate Review Template the dental costs must be spread
across the entire single risk pool in accordance with the market rating rules in
calculating the projected Index Rate.
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• Under no circumstances should stand‐alone dental plans be reflected in the Part I
Unified Rate Review Template.
Further details explaining how dental plans should be reflected in the template can be found in
the instructions for Worksheet 2.
Beginning with plans effective in 2015 and beyond, ALL benefits to be offered in a plan must be
included in that plan. So if an issuer wants to offer an “optional” benefit, there are two options
an issuer can use to meet this goal.
• The issuer can create a separate plan with the required EHBs and the “optional” benefit
included.
• The issuer can offer a separate policy which is a supplemental policy providing non‐EHB
benefits.
The concept of “optional riders” is incongruent with federal rating rules and the single risk pool
requirements.
It is critically important that information be entered into the template as accurately as possible
with the information available to the issuer at the time of submission. Failure to provide
accurate information in the first submission increases the likelihood of the need to provide
additional data to the State or Federal regulators reviewing the template. Failure to provide
accurate information also slows the speed of any required approvals or certification and puts
the products and plans at risk for missing critical deadlines to be offered in the markets.
Beware, if an issuer copies and pastes values into cells that do not match the formatting
requirements of those cells, the mismatch may cause validation or submission errors resulting
in either submissions being rejected or requiring resubmissions at a later date. Issuers should
verify the data entered in the Part I Unified Rate Review Template is consistent with formatting
requirements and instructions to avoid delays in the approval process.
Under no circumstances should issuers attempt to overwrite protected cells. For example, the
totals in column F of Worksheet 2 are protected and calculated by formula. Issuers should not
attempt to overwrite the values calculated by the template. Any overwriting of the workbook’s
protection is likely to result in delays and resubmissions.
The following should be considered an instructional tool in developing issuer pricing, as allowed
under the market and rating rules for the single risk pool.
ACA & MARKET RATING RULES ‐ ALLOWABLE RATING & PRICING
Allowable rating methods and factors
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• The Single Risk Pool should include ALL (non‐grandfathered) covered persons (lives) an
issuer has in a state, within a market (individual, small group or combined). This
includes transitional products/plans for purposes of base period experience used to
demonstrate the single risk pool. The projection period should reflect experience of
transitional policies to the extent the issuer anticipates the members in those policies
will be enrolled in fully ACA‐compliant plans during the projection period.
• The Index Rate is defined as the EHB portion of projected allowed claims divided by all
projected single risk pool lives. As a result, the Index Rate should be the same value for
ALL non‐grandfathered plans for an issuer in a state and market. This includes claims
and enrollment in transitional products/plans in the experience period, and in the
projection period to the extent the issuer anticipates the members in those policies will
be enrolled in fully ACA‐compliant plans during the projection period. Note that if an
issuer opted to continue policies under the President’s transitional memorandum,
experience for these policies should be included in the issuer’s 2013 experience for
developing rates for the 2015 year. Appropriate adjustments should be made in
Worksheet 1 – Section II of the Unified Rate Review Template to bring these policies in
line with all requirements of non‐grandfathered policies projected in the Single Risk Pool
in 2015. For example, in the projection period, include projected experience and
membership at the point when these products become ACA‐compliant and the
membership renews to the ACA‐compliant plan, or at the point when the members in
these plans move to an ACA‐compliant plan, if the plans are closed to new membership
in 2015.
• The Market Adjusted Index Rate is the Index Rate adjusted for Risk Adjustment,
Reinsurance and Exchange Fees (with impacts and costs spread across the whole risk
pool). As a result, the Market Adjusted Index Rate should be the same value for ALL
non‐grandfathered plans for an issuer in a state and market.
• The Plan Adjusted Index Rate is the Market Adjusted Index Rate further adjusted for
plan specific factors allowed by 45 CFR Part 156.80(d)(2) such as provider network,
utilization management, benefits in addition to Essential Health Benefits (EHBs),
actuarial value and cost sharing, distribution and administrative costs (less Exchange
fees) and catastrophic plan eligibility variation.
• Note, fees and costs are included in the premium and applied at the plan level as part of
the distribution and administrative costs adjustment. The only exception is the
application of the Exchange User fees, which are applied at the market level to the Index
Rate. All other fees must be included in the development of the Plan Adjusted Index
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Rate, prior to the application of member level rating factors, such as age factors. No
additional fees may be charged outside of the development of the Plan Adjusted Index
Rate. For example, if it costs an issuer $35 to process an application, that cost must be
included in the premium rate development of all policies (new issues and renewals) and
subject to the member level rating factors such as age and geographic region factors.
The issuer may not, in that example, charge a $35 fee per policy for submission of the
application.
• A calibration may be required to allow the rating factors to be directly applied in order
to generate the Consumer Adjusted Premium Rates.
For each allowable rating factor (i.e. age, geography, and tobacco) there is ONLY ONE
calibration allowed. That is, the calibration from the single risk pool to the allowable
rating factors may not vary by plan; it must be a common adjustment for all plans in a
state and market. The only allowable consumer level premium rate modifiers that can
be calibrated are age, geography and tobacco.
The calibration with respect to the age curve is allowed and identifies the value on the
age curve associated with the weighted average age on the standard age curve. The Plan
Adjusted Index Rate and the age curve can then be used to generate the schedule of
premium rates for all ages for each plan. Calibration may be required for the geographic
factors and tobacco factors. More detailed instructions are provided later in this
document regarding the requirements for the calibration.
It is important to note that the calibration process (described above) should ONLY occur
after the Plan Adjusted Index Rate has been determined, not at any point before. The
cost of all benefits (EHB and non‐EHB) and other expenses may not be charged to the
consumer using a flat dollar amount. All components under the plan must be part of the
premium charged. All components of the premium are subject to the consumer level
rating adjustments and therefore all components of the premium should likewise have
the calibration applied to them.
The result of this calibration process should be that the Plan Adjusted Index Rate
calibrated for geography and tobacco (but not age), multiplied by the geographic factor
for a given region should be similar to the Premium Rate for that particular plan for a
non‐tobacco user in the given geographic region for the weighted average age (rounded
to a whole number) of the projected single risk pool.
• The Consumer Adjusted Premium Rate is the final premium rate for a plan that is
charged to an individual, family, or small employer group utilizing the rating and
premium adjustments as articulated in the applicable Market Reform Rating Rules. The
Consumer Adjusted Premium Rate is developed by calibrating the Plan Adjusted Index
Rate to the age curve as described above, calibrating for geography and tobacco if
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necessary, and applying the allowable rating factors. Allowable rating factors are Age
(3:1 standard age curve or state specific age curve), Tobacco, Geography and Family
tiering/structure, unless otherwise prohibited by state law.
Once the Plan Adjusted Index Rate is calibrated to the age curve using the weighted
average age, the entire set of age rates is determined using the standard age factor of
each age relative to the standard age factor for the rounded weighted average age. The
age factors must be the standard age curve set by HHS or a state specific age curve (if
the state requires different age factors than the standard federal age curve).
The tobacco factors can be issuer specific but cannot vary by product/plan for an issuer
(i.e. an issuer must use the same tobacco factors across all products/plans within a state
and market).
Geographic rating areas are set specific to each state and all issuers in the state are
required to follow them and may only set one rating factor per rating area per state per
market and that factor is applied to all plans the issuer has in that rating area
uniformly. If an issuer has multiple networks within a given rating area and wants to
develop premiums specific for each network, the issuer must have a separate plan for
each network with the rating area.
Family structure takes into account family composition and the maximum of 3 child
dependents. This is further clarified in regulation that the premium for family coverage
is determined by summing the premiums for each individual family member, provided
at most three child dependents under age 21 are taken into account; this adjustment
does not result in a separate rating factor. Family tiering only occurs in states that use
pure community rating and are uniformly applied to all plans in the risk pool (and
published to the cciio.cms.gov website).
Worksheet 1 – Market Experience
The purpose of Worksheet 1 is to capture information at the market level for non‐
grandfathered products, consistent with the requirement to set premium rates using a single
risk pool, as defined in 45 CFR Part 156, §156.80. The worksheet is not intended to prescribe a
rate development methodology. Rather, the worksheet captures experience period data and
key assumptions consistent with those used in the development of the proposed premium rate
increases. The worksheet uses the data to show that the average gross premium rate complies
with the requirements of the single risk pool, and reports the total and annualized change in
the gross premium relative to the experience period. These calculated changes in the average
premium are not equal to the average rate increase of the pool, but rather provide information
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on how the average gross premiums have changed over time. There are four sections in this
worksheet.
• The General Information section captures information about the issuer, state and the
health insurance market to which the proposed rate increases will apply. This
information is displayed on all worksheets of the Part I Unified Rate Review Template.
• Section I captures summarized historical financial and enrollment information from a
recent historical experience period.
• Section II captures historical claims experience on a more granular level, along with the
key assumptions employed to project the experience period information forward to the
projection period of the effective date.
• Section III displays the assumptions used to adjust the projected allowed claims to
incurred claims at the average anticipated benefit level. Administrative expense loads
and risk/profit charge loads are also captured. Using this information, the average gross
premium for the single risk pool is generated.
General Information
Company Legal Name: Enter the organization’s legal entity name.
The name entered in this cell must be the name that is associated with the HIOS Issuer
ID.
State: Enter the state that has regulatory authority over the policies. A separate template must
be completed for each state in which the issuer is applying for QHP certification or proposing a
rate increase on non‐grandfathered policies in the individual, small group or combined markets.
HIOS Issuer ID: Enter the HIOS ID assigned to the legal entity.
Market: Select the applicable market from the drop‐down box. Valid markets are Individual,
Small Group, or Combined.
The market chosen must be consistent with the state’s determination of their allowable
markets (e.g. if a state chooses to merge the individual and small group market, the
issuer must choose “Combined”).
Effective Date: Enter the effective date for which rates are being submitted.
If the submission is for the individual or combined markets, the effective date must be
January 1 of the year for which rates are being submitted. If the submission is for the
small group market, enter the effective date for which the Index Rate is being revised.
For example, if the small group submission revises the Index Rate for July 1, 2015
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effective dates and includes a trend increase applicable on October 1, 2015, enter July 1,
2015. See the Appendix for further guidance on trend increases in the small group
market.
All issuers are required to file the Part I Unified Rate Review Template and Part III Actuarial
Memorandum annually for an effective date of January 1 of each year. Subject to state
requirements, small group issuers are allowed to file subsequent submissions that reset the
Index Rate for the remainder of the calendar year. However, the change in the Index Rate is
only allowed to occur for the remainder of the calendar year and subsequent submission is
required for the beginning of the next calendar year.
For example, if a small group issuer submits the Part I Unified Rate Review Template for
January 1, they may submit a subsequent Part I Unified Rate Review Template that
resets the Index Rate effective July 1 of that same year. The Part I Unified Rate Review
Template effective July 1 in this example is only allowed to contain a trend increase for
October 1 of that same year. Quarters after October 1 would be included in the next
annual submission effective January 1 of the next calendar year.
All products and plans must have the same effective date; however, some products or
plans may have a 0% rate change. The term “product” is defined as a unique
combination of benefits, various cost sharing options and a network design(s) to a
particular service area. “Product” has the same meaning as included in 45 CFR Part 154.
The term “plan” is defined as a unique combination of benefits to a specific set of cost
sharing options and network design(s) to a particular service area. Most products will
be made up of multiple plans produce an actuarial value equal to one of the metal levels
permitted under Title I of the Patient Protection and Affordable Care Act, as amended
by the Health Care and Education Reconciliation Act of 2010, collectively referred to as
the Affordable Care Act (ACA).
Section I
The financial and enrollment information entered in this section should reflect the experience
of all non‐grandfathered policies for the specified market and state. The information is
intended to reflect the single risk pool for the market as required by the ACA and 45 CFR
156.80. The information in this section should reflect historical financial and enrollment
information for the identified legal entity only.
Experience Period: Enter the first date of the experience period.
The Experience Period must be a twelve month period. The template calculates the end
date of the experience period such that the period is twelve months long.
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For individual and combined market submissions, the Experience Period must be a
calendar year period. It should be the most recently completed calendar year; if not,
include an explanation in the Part III Actuarial Memorandum. Therefore, the first date of
the Experience Period must be January 1. For small group market submissions, the first
date of the Experience Period must be the first date of a calendar quarter, i.e., January
1, April 1, July 1, or October 1.
If an experience period other than that required to be shown is used in the derivation of
the Index Rate, then the credibility manual rate section should be used to show the
Index Rate development and described in the Part III Actuarial Memorandum.
The Experience Period reflects a period during which premiums were earned and claims
were incurred. For example, if the Experience Period is January 1, 2012 through
December 31, 2012 the issuer may include claims payments through a date beyond the
end of the experience with dates of service within the Experience Period (e.g., February
28, 2013) when estimating the total claims incurred during the period. The paid through
date is not captured in the template, but is requested in the Part III Actuarial
Memorandum.
Premiums (net of MLR Rebate) in Experience Period: Enter the amount of premium earned
during the experience period, net of rebates to policyholders on an incurred basis due to the
medical loss ratio (MLR) requirements as defined in 45 CFR Part 158.
Start with premiums earned during the experience period. Subtract the actual or
estimated MLR rebates incurred during the experience period.
Enter the aggregate net premium dollars earned. The template will calculate the per
member per month (PMPM) premium amount and the percent of premium.
Do not subtract amounts from the net earned premium that would be subtracted from
earned premium in the denominator of the MLR calculation, such as taxes and fees. For
portions of the experience period for which the MLR rebate has not been finalized,
include a best estimate of the rebates in the reported net premium. See the Part III
Actuarial Memorandum instructions for required documentation of the method used to
estimate rebates.
Incurred Claims in Experience Period: Enter total claims incurred in the Experience Period.
Enter the aggregate incurred claims. The template calculates the PMPM incurred claims
amount and the incurred claims as a percent of premium. The calculated percent of
premium attributable to claims is not equivalent to the MLR, and therefore may be less
than 80%.
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Incurred claims are defined as allowed claims (defined immediately below) less member
cost sharing and cost sharing paid by HHS on behalf of low‐income members.
Member cost sharing is defined as payments made against the allowed claims by the
member for health care services (e.g., deductible, coinsurance and copayments). This
does not include premium or the amount of billed charges the member must pay in
excess of the issuer’s contractual allowed amount (often described as “balance billing”).
Allowed Claims: Enter total allowed claims with dates of service during the Experience Period.
Allowed Claims are defined as the total payments made under the policy to healthcare
providers on behalf of covered members, and include payments made by the issuer,
member cost sharing, and cost sharing paid by HHS on behalf of low‐income members.
Consequently, they include actual payments made or estimates of costs incurred but not
yet paid during the period. See Part III of the Actuarial Memorandum instructions for
guidance related to incurred but not paid claim reserve documentation. They also
include claims not tied to a specific date of service, such as capitation or risk sharing
payments, if the payments were for services provided during the Experience Period.
They include claims for essential health benefits (EHB) as well as benefits other than
EHB. This would not include the amount of billed charges the member must pay in
excess of the issuer’s contractual allowed amount (often described as “balance billing”).
By definition, “Allowed Claims” do not include:
• Ineligible claims such as duplicate claims, third party liabilities (e.g. coordination
of benefits claims), and any other claims that are denied under the policy terms.
• Payments for services other than medical care provided, (e.g., medical
management, quality improvement, and fraud detection and recovery expenses)
even if these amounts are included in claims for MLR reporting purposes.
• Recovery payments the issuer may receive from private reinsurance or internal
large claim pooling mechanisms. These types of adjustments should be handled
in the Other adjustment factor found in Section II of Worksheet 1.
• Active life reserves (policy reserves, contract reserves, contingency reserves, or
any kind of reserves except traditionally defined reserves for claims incurred but
not paid) or change in such reserves.
Index Rate of Experience Period: Enter the Index Rate underlying the Experience Period. The
value entered in this field must be a whole dollar value (i.e. the rate must be rounded to the
nearest $1). Please note, if an issuer copies and pastes a value in this cell which contains
decimals, the Part I Unified Rate Review Template submission could be rejected or an issuer
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may be required to make a resubmission later in the process which could delay the rate review
process and approval.
The Index Rate represents the average allowed claims PMPM for essential health
benefits. It is the legal entity‐specific rate for the market that is being submitted – i.e.,
the issuer’s individual market, small group market or combined market. It should not be
adjusted for payments and charges under the risk adjustment and reinsurance programs
or for Exchange user fees. It is simply allowed claims PMPM for essential health
benefits.
The Index Rate should be developed using all covered members, even if premium was
not explicitly collected for all members. For example, if the number of members in a
given family or policy was capped for premium setting purposes either voluntarily by the
issuer or as required by law, all family members covered by the policy should be
included.
The experience period Index Rate should be adjusted to exclude benefits that are in
excess of essential health benefits, but should not be adjusted to include essential
health benefits that were not covered during the experience period, such as, in some
cases, maternity coverage in the individual market.
Experience Period Member Months: Enter the total number of months of coverage in the
Experience Period for all members that had coverage during any portion of the Experience
Period.
For example, if a given member had coverage for five months during the Experience
Period, that member would contribute five member months to the total member
months for the period. The number entered must be an integer. For partial months,
issuers should define a methodology for counting partial months and apply the
methodology consistently to all members. Possible methodologies include but are not
limited to rounding up, rounding down, rounding to nearest, counting the member
month if the member is active on the 15th of the month, etc.
Include all covered members even if premium was not explicitly collected for all
members. For example, if the number of members in a given family or policy was
capped for premium setting purposes either voluntarily by the issuer or as required by
law.
Section II: Allowed Claims, PMPM basis
Projection Period: The projection period is determined by the template. The Projection Period
starts on the effective date entered in the General Information section of the template. The
Projection Period end date is calculated such that the Projection Period is a twelve month
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period. The template also calculates the number of months between the midpoint of the
Experience Period and the midpoint of the Projection Period.
Benefit Category
Several fields that follow require issuers to enter data by Benefit Category. Issuers are required
to describe the Benefit Category definitions in the Part III Actuarial Memorandum. The
preferred definitions of the Benefit Category follow:
Inpatient Hospital: Includes non‐capitated facility services for medical, surgical, maternity,
mental health and substance abuse, skilled nursing, and other services provided in an inpatient
facility setting and billed by the facility.
Outpatient Hospital: Includes non‐capitated facility services for surgery, emergency room, lab,
radiology, therapy, observation and other services provided in an outpatient facility setting and
billed by the facility.
Professional: Includes non‐capitated primary care, specialist, therapy, the professional
component of laboratory and radiology, and other professional services, other than hospital
based professionals whose payments are included in facility fees.
Other Medical: Includes non‐capitated ambulance, home health care, DME, prosthetics,
supplies, vision exams, dental services and other services.
Capitation: Includes all services provided under one or more capitated arrangements.
Prescription Drug: Includes drugs dispensed by a pharmacy. This amount should be net of
rebates received from drug manufacturers.
Experience Period on Actual Experience Allowed
The experience entered in this section needs to reflect the state and market identified in the
General Information section and the Experience Period identified in Section I of this worksheet.
The actual experience for this period, state and market should be entered in the template,
regardless of the credibility level.
Utilization Description: For each Benefit Category, choose the appropriate measurement unit
that reflects the utilization per 1,000 covered members per year from the drop down menu.
Valid entries are shown below.
Admits (for Inpatient service category only)
Days (for Inpatient service category only)
Benefit Period (for Capitation service category only)
Visits
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Services
Prescriptions (for Prescription Drug service category only)
Other
In cases where “Other” is selected provide additional descriptions of the measurement
units in the Part III Actuarial Memorandum.
Utilization per 1,000: Enter the total utilization per 1,000 covered members per year for claims
incurred during the Experience Period.
The utilization must be entered on an annualized basis. Include any necessary estimates
of utilization related to claims incurred but not yet paid.
Average Cost/Service: Enter the average allowed cost per unit of service for claims incurred
during the Experience Period.
While not required, issuers may adjust the average cost per service for claims incurred
but not yet paid if the issuer estimates the claims not yet paid to have a different
average cost per service than those already paid. If an adjustment is made it should be
described in the Part III Actuarial Memorandum.
PMPM: The Allowed Claims PMPM is calculated by the template, and is equal to utilization per
1,000 times average cost per service, divided by 12,000. The template sums the PMPM from
each Benefit Category to calculate the total PMPM. The calculated PMPM must equal the
Allowed Claims PMPM calculated by the template in Section I of Worksheet 1.
Adjustments from Experience to Projection Period
Population risk Morbidity: Enter the assumed change in morbidity of the covered population
from the Experience Period to the Projection Period.
“Change in morbidity” means that component of the change in average allowed claims
PMPM (as described earlier in these instructions) that will occur under the
circumstances where all demographic (e.g., age, gender, and region) and product mix,
all provider network contracts and time parameters (i.e., trends = 0) are held constant
on the population that exists in the Experience Period.
The change in morbidity must be entered as 1 plus the total anticipated percent change
in morbidity from the Experience Period to the Projection Period. For example, if in a 24
month period from the Experience Period to the Projection period the morbidity is
expected to increase by 10%, enter 1.100. Similarly, if the morbidity is expected to
decrease by 10% over the 24 month period, enter 0.900.
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This category may include a number of adjustments since the market rules during the
Projection Period may be significantly different from those in the Experience Period. In
addition, the impact of new market rules is expected to vary significantly state to state.
Some of the adjustments issuers might include are:
• Guarantee issue
• Take‐up rate of the uninsured (the percent of currently uninsured that purchase
coverage during the projection period)
• Health status of newly insured
• Enrollment from prior high risk pools
• Induced demand of newly insured
• Pent‐up demand of newly insured
• Subsidy effects
Expected changes in the demographic mix (e.g. age, gender, and region) and tobacco
status should not be included in this factor. These factors can be included in the “Other”
factor.
A description of the methodology used to develop the adjustment must be included in
the Part III Actuarial Memorandum.
Other: Enter the assumed change in cost related to things other than a change in population
morbidity, cost trend, and utilization trend. Cost trend and utilization trend are defined in the
section immediately following.
The other change must be entered as 1 plus the total anticipated percent change in cost
from the Experience Period to the Projection Period, similar to the Population risk
Morbidity adjustment.
Some of the adjustments an issuer might include in this section are:
• Changes in covered services
• Significant changes in the provider network, such as adding or removing a
provider system, or introducing a limited network option. Shifts in the
distribution of services across existing network providers should be reflected in
the Cost Trend.
• Projected changes in cost related to demographics of the projected covered
population
• Projected changes in pharmacy rebates relative to the pre‐rebate prescription
drug allowed claims
15
• In the event an issuer has capitation in the experience period but does not
expect to have capitation in the projection period, the issuer should enter a
near‐zero value in the “Other” projection factor to remove the costs. It is not
anticipated that other EHB categories would need to remove the experience for
the entire benefit category.
A description of the methodology used to develop the adjustment must be included in
the Part III Actuarial Memorandum.
Annualized Trend Factors
Cost Trend: Enter the assumed change in cost per service from the Experience Period to the
Projection Period.
The Cost Trend must be entered as 1 plus the annualized trend assumption. For
example, if the period from the midpoint of the Experience Period to the midpoint of
the Projection Period is 24 months and if costs in the projection period are expected to
be 10.25% higher than the Experience Period, then the annual trend is 5.0% (√1.1025 ‐
1). In this example, the user should enter 1.050 (√1.1025ሻ.
Include only the increase in cost for a fixed basket of services. Changes in cost related to
changes in mix of services should not be reflected here (they will be reflected in
utilization trend described below). Changes in cost related to a change in the
distribution of services across network providers should be included. Significant changes
in network, such as adding or removing a provider system, or introducing a limited
network option should be reflected in the “Other” adjustment and described in the Part
III Actuarial Memorandum.
Projected changes in prescription drug cost related to manufacturer rebates should be
reflected in the “Other” adjustment.
Utilization Trend: Enter the assumed change in utilization per 1,000 members from the
Experience Period to the Projection Period.
The Utilization Trend must be entered as 1 plus the annualized trend assumption, in the
same manner as the cost trend.
Utilization Trend should include the change in the number of units per 1,000 members
for a fixed level of illness burden. If utilization is expected to increase/decrease due to a
change in the average health status of the population, that change should be reflected
in the Population risk Morbidity adjustment described above.
Utilization Trend should include assumed changes in the mix or intensity of services
provided for a fixed level of illness burden.
16
Utilization Trend should also reflect changes related to shifts in product mix. This
includes changes in induced demand related to product shifts. It also includes any
effects of selection since this cannot be reflected in the relative cost of the various
products and plans offered.
Projections, before credibility Adjustment
Projections before credibility adjustment are calculated by the template.
Utilization per 1,000: The template calculates projected utilization per 1,000 by multiplying the
experience period utilization per 1,000 by the Population risk Morbidity adjustment and the
utilization trend assumption. The Utilization Trend assumption in this calculation is raised to the
power of the number of months between the midpoint of the Experience Period and the
midpoint of the Projection Period (calculated previously by the template), divided by 12.
Average Cost/Service: The template calculates the projected average cost per service by
multiplying the experience period average cost per service by the Other adjustment and the
cost trend assumption. The Cost Trend assumption in this calculation is raised to the power of
the number of months between the midpoint of the Experience Period and the midpoint of the
Projection Period (calculated previously by the template), divided by 12.
PMPM: The projected allowed claims PMPM is calculated by the template, and is equal to
projected Utilization per 1,000 times projected Average Cost/Service, divided by 12,000. The
template sums the PMPM from each Benefit Category to calculate the total PMPM.
Credibility Manual
The credibility manual Utilization per 1,000 and Average Cost /Service need only be populated
with values greater than zero if the experience period claims data is less than 100% credible for
projecting future premium rates. When the experience period claims data is 100% credible
zeros must still be entered in the credibility manual section so as not to produce errors when
the template is validated. While credibility may not be applied in this manner in rate
development, it must be shown in this manner for reporting purposes.
Utilization per 1,000: Enter the assumed utilization per 1,000 for the data underlying the
credibility manual.
The Utilization per 1,000 must reflect the population and covered services for which
rates are being submitted. If the issuer uses another credible block of business as the
credibility manual, for example, the utilization of that population should be adjusted to
reflect morbidity consistent with the projected population. Other adjustments may be
necessary. The source of the credibility manual Utilization per 1,000 and the
adjustments applied to it should be described in the Part III Actuarial Memorandum.
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Average Cost/Service: Enter the assumed average cost per service for the data underlying the
credibility manual.
The cost per service must reflect the projected cost for the population and covered
services for which rates are being submitted. If the issuer uses another credible block of
business from a different geographic region as the credibility manual, for example, the
cost for that population should be adjusted to reflect differences in provider contracting
of the two regions. The source of the credibility manual average cost per service and the
adjustments applied to it should be described in the Part III Actuarial Memorandum.
PMPM: The projected credibility manual PMPM is calculated by the template, and is equal to
the credibility manual Utilization per 1,000 times the credibility manual Average Cost/Service,
divided by 12,000. The template sums the PMPM from each Benefit Category to calculate the
total PMPM.
Section III: Projected Experience
Projected Amounts After Credibility
Credibility Percentage: Enter the assumed level of credibility to be applied to the experience
period claims that have been projected to the rating period.
The percentage must be between 0% and 100%. Describe the methodology used to
determine the Credibility Percentage in the Part III Actuarial Memorandum.
The template calculates the credibility to be assigned to the credibility manual, and is
equal to 1 minus the credibility assigned to the projected experience claims.
Projected Allowed Experience Claims PMPM (w/ applied credibility if applicable): The
template calculates this value as the sum of the projected experience PMPM multiplied by its
credibility, and the credibility manual PMPM multiplied by the complement of the credibility
(calculated previously by the template).
Paid to Allowed Average Factor in the Projection Period: Enter the average paid to allowed
factor for the Projection Period.
This amount is not from the AV calculator. It should equal the total expected paid claims
that are the liability of the issuer divided by the total expected allowed claims for the
Projection Period, for the population anticipated to be covered in the Projection Period.
Allowed claims have the same definition as in Section I. Paid claims are analogous to the
Incurred Claims defined in Section I. Paid claims are net of member cost sharing and cost
sharing paid by HHS on behalf of low‐income members. The Paid to Allowed Average
Factor in the Projection Period should reflect the average benefit level anticipated
during the projection period. For example, if the issuer’s members were enrolled
18
primarily in Silver plans in the experience period, but are anticipated to shift to Bronze,
then the Paid to Allowed Average Factor in the Projection Period should reflect Bronze
cost sharing levels.
Since the paid claims in the numerator are the trended amounts for the Projection
Period, they should reflect any leveraging of fixed dollar cost sharing inherent in the
benefit plans. That is, if no change in benefit mix is anticipated relative to the
Experience Period, the paid to allowed ratio should be higher in the projection period
than what was realized in the experience period due to the leveraging of cost sharing.
Projected Incurred Claims, before ACA rein & Risk Adj’t, PMPM: The template calculates this
value by multiplying the Projected Allowed Experience Claims PMPM (w/ applied credibility if
applicable) by the Paid to Allowed Average Factor in the Projection Period.
Projected Risk Adjustments, PMPM: Enter the projected PMPM amount of net federal risk
adjustment transfers (i.e., net effect of risk adjustment payments and charges) for the
Projection Period, and net of risk adjustment user fees.
The risk transfers should reflect the projected morbidity, including any projected
Population risk Morbidity changes in column J in Section II.
If the issuer expects to receive a projected risk adjustment charge, then the entry should
be a positive value. If the issuer expects to make a projected risk adjustment payment,
then the entry should be a negative value.
Risk adjustment user fees should be reflected here, and not in the Taxes & Fees.
The calculation of the projected risk adjustments should consider the appropriate
published transfer equation. Please describe the methodology for estimating the PMPM
amount in the Part III Actuarial Memorandum.
Projected Incurred Claims, before reinsurance recoveries, net of rein prem, PMPM: The
template calculates this value by subtracting the Projected Risk Adjustments, PMPM from the
Projected Incurred Claims, before ACA rein & Risk Adj’t, PMPM.
Projected ACA Reinsurance Recoveries, Net of Premium: Enter projected reinsurance
recoveries, referred to as reinsurance payments in the HHS Notice of Benefit and Payment
Parameters, from the Federal reinsurance program, less contributions made to the program
(referred to as “Premium” in the template).
Recoveries should be entered as positive amounts. For example, in the individual market
where recoveries will likely exceed assessments the amount should be positive. In
combined markets, the value may be positive or negative depending upon the portion of
the market that is expected to be comprised of individuals and small groups. In a
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combined market, the pooled reinsurance adjustment should be based only on the
portion of the issuer’s individual market business eligible for reinsurance payments. For
the small group market, this amount only reflects the reinsurance assessment and
should be entered as a negative number.
Projected Incurred Claims: The template calculates this value by subtracting Projected Risk
Adjustments, PMPM and Projected ACA Reinsurance Recoveries, Net of Premium from
Projected Incurred Claims, before ACA rein & Risk Adj’t, PMPM.
Administrative Expense Load: Enter the administrative expense load included in the premiums
being filed for the effective date.
Enter the load as a percentage of premium. The template uses the percentage to
calculate the PMPM administrative expense load.
If the Administrative Expense Load varies by product or plan, enter the average expense
load for the single risk pool, using a premium‐weighted average.
The Administrative Expense Load should include expense loads related to quality
improvement and fraud detection/recovery, even if those expenses are considered part
of incurred claims for purposes of MLR rebate calculations. It should also include loads
for taxes and fees that may not be subtracted from premium in the MLR rebate
calculation. For reporting purposes, it should not include the profit and risk load or the
taxes and profit load, both described below, even though they are considered
administrative expenses for purposes of adjusting the Index Rate to arrive at premium in
the pricing process.
Profit & Risk Load: Enter the profit and risk load included in the premiums being filed for the
effective date.
Enter the load as a percentage of premium. Not‐for‐profit issuers should enter the load
for contribution to surplus in this entry. The template uses the percentage to calculate
the PMPM profit and risk load.
If the Profit & Risk Load varies by product or plan, enter the average profit and risk load
for the single risk pool, using a premium‐weighted average.
Since taxes (including any federal income tax) are captured separately in the Taxes &
Fees input, the profit and risk load should reflect after‐tax amounts.
Note that for pricing purposes, profit and risk load is considered part of administrative
expenses, per 45 CFR Part 156, §156.80(d). It is shown separately on the template to
facilitate rate review.
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Taxes & Fees: Enter the taxes and fees included in the premiums being filed for the effective
date.
Enter only the portion of any load that is for taxes and fees that may be subtracted from
premiums for purposes of calculating MLR. This includes federal income tax. However,
do not include any contributions to the Federal transitional reinsurance program or risk
adjustment user fees in this amount despite their treatment in MLR calculations, since
Federal reinsurance and risk adjustment amounts are expressed in the template net of
reinsurance premium and risk adjustment user fees. Any additional load for taxes and
fees should be reflected in the Administrative Expense Load. The template uses the
percentage to calculate the PMPM Taxes & Fees.
If the Taxes & Fees percentage varies by product or plan, enter the average Taxes &
Fees percentage for the single risk pool, using a premium‐weighted average.
Note that for pricing purposes, taxes and fees are considered part of administrative
expenses, per 45 CFR Part 156, §156.80(d). It is shown separately on the template to
facilitate rate review.
Single Risk Pool Gross Premium Avg. Rate, PMPM: The template calculates this value by
dividing the Projected Incurred Claims by 1 minus the Administrative Expense Load percentage
less the Profit & Risk Load percentage less Taxes & Fees percentage.
Index Rate for Projection Period: Enter the projected Index Rate.
As noted in Section I, the Index Rate represents the average allowed claims PMPM for
essential health benefits. This legal entity‐specific rate for the projection period should
not reflect any adjustments for payments and charges under the risk adjustment and
reinsurance programs or for Exchange user fees. It is simply projected allowed claims
PMPM for essential health benefits. If the submission is for the individual or combined
market, the projected Index Rate should reflect the twelve month projection period, or
rating period. For the individual or combined market, if the issuer will not be covering
benefits in excess of EHB, the Index Rate for the projection period will be equal to the
Projected Allowed Experience Claims PMPM (w/ applied credibility if applicable). If the
submission is for the small group market and includes prospective trend adjustments
(only if permitted by the state), then the Index Rate for Projection Period should reflect
the member weighted average of the projected trended Index Rates applicable for each
effective date in the submission. See Section I for additional information about the
Index Rate. See the Appendix for further guidance on calculation of the small group
weighted average projected Index Rate.
% increase over Experience Period: The template calculates this value which represents the
percent increase in the projected average gross premium PMPM over the average gross
premium PMPM in the experience period. The average gross premium PMPM for the
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experience period is calculated by the template in Section I (Premiums (net of MLR Rebate) in
Experience Period).
The calculated increase is not the proposed rate increase. The calculated increase may
include changes in premium PMPM related to shifts in the covered benefit, age,
geographic area, or tobacco status of the population, some of which may be charged to
the consumer through allowable rating factors.
The period of time over which the increase is calculated is dependent upon the
Experience Period entered by the issuer. For example, if the length of time between the
Experience Period and the Projection Period is two years, the increase calculated will
represent a two‐year increase.
% increase, annualized: The template calculates this value by annualizing the % increase over
Experience Period. Like the % increase over Experience Period, the calculated increase may
include changes in premium PMPM related to shifts in the covered benefits, age, geographic
area, or tobacco status of the population, some of which may be charged to the consumer
through allowable rating factors.
Projected Member Months: Enter the number of member months expected to be covered
during the Projection Period.
See ‘Experience Period Member Months’ in Section I for more information on how to
calculate member months. Since the Projection Period must be a one‐year period, the
projected member months might be equal to 12 times the projected enrollment in the
first month of the Projection Period, for example. Issuers should describe how the
member months were projected in the Part III Actuarial Memorandum.
Include all covered members even if premium is not expected to be explicitly collected
for all members, for example if the number of child members in a given family exceeds
three and must be capped for premium setting purposes as required by law.
Projected Period Totals: The template calculates aggregate dollar amounts for Section III
PMPM values entered into or calculated by the template. The amounts are calculated by
multiplying the Projected Member Months by the applicable PMPM value.
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Worksheet 2 – Plan Product Information
The purpose of Worksheet 2 is to capture information at the product and plan level. The
worksheet captures information on experience period data, the projection period data and
other information related to each product or plan. There are four sections in this worksheet.
• Section I captures information about each product and plan. This includes general
information such as the plan and product IDs, along with more specific information such
as the effective date, actuarial values and proposed rate increase.
• Section II displays the proposed rate increase by major service category and the
expected increase in cost sharing on a per member per month basis for each product
and plan.
• Section III captures historical information such as premium and claims in a more
detailed manner than in Worksheet 1. Information regarding the portion of the
premium and claims related to the EHBs and non‐EHBs is required, as well as
information related to risk transfer charges and payments, Federal reinsurance
payments, and cost sharing reduction amounts.
• Section IV contains the same information collected in Section III, but for the twelve
month period following the effective date shown in the rate filing for each product.
If a product contains both grandfathered and non‐grandfathered insurance policies, the
experience of grandfathered policies may be included on Worksheet 2 if the grandfathered
policies share the same rating practices as non‐grandfathered policies, including pooling of risks
and common rate increases or as permitted by the governing state regulatory body. If
experience of grandfathered policies is included, then the total experience on Worksheet 2 will
exceed that shown on Worksheet 1 which includes only non‐grandfathered experience.
Plan level data is required because it could be used in calculating the advance premium tax
credits and cost sharing subsidy advance payments. If the plan level data is not provided for
each plan, the calculation of the advance premium tax credit and cost sharing subsidy advance
payments may be incorrect for an issuer which may result in significant over or under advance
payments.
In all cases, reasonable projected values are to be entered for all plans, either directly or by
using the plan averaging option. For example, if an issuer chooses to enter information
separately for each plan, all information input into the Part I Unified Rate Review Template for
each plan must reflect experience or best estimate projections for each specific plan. For
example, projected member months must reflect the issuer’s best estimate of expected
enrollment in each plan. With the exception of terminated plans, no plan should have expected
membership of zero, and all membership projections should be supportable and represent the
actuary’s best estimate of enrollment. If zeros are entered in the Part I Unified Rate Review
23
Template, an issuer may be required to resubmit the template which may cause delays in the
rate review and approval process.
Section I
Product: Enter the product name in the corresponding column(s).
The term “product” is defined as a unique combination of benefits, various cost sharing
options and a network design(s) to a particular service area. “Product” has the same
meaning as included in 45 CFR Part 154.
All products included in the single risk pool experience shown on Worksheet 1 must be
entered in this section of Worksheet 2. This includes any products that are terminated
but have experience included in the single risk pool during the experience period. It also
includes any products that were not in effect during the experience but were made
available thereafter.
If multiple products will be closed prior to January 1, 2015, these products may be
combined for reporting purposes and shown as a single product in the template. The
term “Terminated Products” should be entered as the plan name in this case. The list of
product names for the terminated products should be included in the Part III Actuarial
Memorandum.
Currently, HIOS does not report product names containing special characters, e.g., %. It
is recommended that products containing special characters spell out the name of the
special character, e.g. “20Percent Coinsurance” for “20% Coinsurance.”
Product ID: Enter the product ID that corresponds with each product. The two‐letter state
code portion of the Product ID must be entered using capital letters.
The “Product ID” should be the product number assigned by HIOS. Each product
included in the single risk pool during the Experience Period, as well as new products
that are part of the rate filing, must be identified in Worksheet 2 of the template.
If multiple products will be closed prior to January 1, 2015, these products may be
combined for reporting purposes and shown as a single product in the template. Enter
the Product ID for the largest product (measured by member months during the
experience period) being terminated. A list of Product IDs for the terminated products
should be included in the Part III Actuarial Memorandum.
24
Metal: For each “plan” within a product, choose the corresponding metal level from the drop
down menu in the template. Plans that are included in a QHP certification application must
show the same Metal as is shown in the QHP application.
In these instructions, the term “actuarial value” is used to describe a manner of
estimating the value of a plan, but not a specific manner. AV Metal Value refers to the
federal definition of actuarial value as prescribed in 45 CFR Part 156, §156.20. AV Pricing
Value is defined below.
The ACA requires that all plans offered in the market must have an actuarial value that
corresponds to a defined metal level. For guidance on the definition of “plan” please
see the definition of “Plan Name” in these instructions. The metal actuarial values are
defined as “the percentage paid by a health plan of the percentage of the total allowed
costs of benefits.”1 There are five levels of coverage that can be offered: Platinum, Gold,
Silver, Bronze and Catastrophic. The actuarial values for each of these metal levels are
shown in the table below. The actuarial value used in determining the metal level must
be based on the Actuarial Value Calculator (AV Calculator) or an acceptable alternative if
a health plan’s design is not compatible with the AV Calculator. For further guidance on
the calculation of the AV Metal Value in the determination of the metal level, please see
the instructions for the Part III Actuarial Memorandum.
The actuarial value used to determine the metal level must be within a de minimis
variation from the actuarial values defined in the ACA. The Secretary has provided
guidance that the de minimis variation standards will be ± 2 percentage points. For
example, plans with an AV value between 68% and 72% meet the requirements for a
silver level plan.
Metal Level
AV Requirements
Platinum
Gold
Silver
Bronze
Catastrophic
90%
80%
70%
60%
Not specified by law*
*Catastrophic level – a plan offered in the individual market only and is only available to individuals below the
age of 30 or those for whom premium for minimum essential coverage exceeds 8% of income.
For products that are reported on a combined basis as terminated products prior to
January 1, 2015, enter “Catastrophic”.
1 45 CFR Part 156, §156.20
25
AV Metal Value: For each plan, enter the corresponding AV value that results from the AV
Calculator or a permissible alternative method that complies with 45 CFR Part 156 §156.135(b).
For products that are reported on a combined basis as terminated products prior to
January 1, 2015, enter zero.
For Catastrophic plans, enter an approximate AV Metal Value for the plan (e.g., 0.580).
Since there is not a Catastrophic continuance table within the AV Calculator, the actuary
should use their best judgment in estimating the AV Metal Value.
AV Pricing Value: For each plan enter the corresponding AV Pricing Value.
It is important to note that the AV Pricing Value may be different from the AV Metal
Value for several reasons. The AV Pricing Value represents the cumulative effect of
adjustments made by the issuer to move from the Market Adjusted Index Rate to the
Plan Adjusted Index Rate. It is likely to have a spread from one plan to another that
emulates the spread in the Plan Adjusted Index Rates of the same plans.
The AV Metal Value compares the amount paid by a health plan to total allowed costs of
benefits for the given plan (e.g. the estimated paid costs for a gold plan is compared to
estimated allowed costs for a gold plan to generate a ratio between 0.78 and 0.82).
Another difference between the AV Pricing Value and the AV Metal Value is the data
used to generate the ratios. The AV Pricing Value is determined from the Issuer’s own
experience rather than the experience of the standard population or standard tables
that are used in the calculation of the AV Metal Value. In addition the AV Pricing Value
should reflect all of the allowable plan level adjustments to the Index Rate that are used
by the issuer. This may include some or all of the following adjustments, so long as the
adjustments do not include any assumptions related to the morbidity of the members
assumed to select a given plan:
• The cost‐sharing design of the plan. This adjustment may include expected
differences in utilization of services based on differences in cost sharing. For
example, lower cost sharing is generally associated with higher utilization of
services, independent of health status. This adjustment must not include any
differences in utilization due to differing health status of people with different
cost‐sharing designs.
• The plan’s provider network and delivery system characteristics, as well as
utilization management practices.
• Plan benefits in addition to the essential health benefits. The additional
benefits must be pooled with similar benefits provided in other plans to
determine the allowable rate variation for plans that offer those benefits.
26
• Administrative costs, excluding Exchange user fees.
• For catastrophic plans, the expected impact of specific eligibility categories for
these plans.
Plan Type: Select the applicable plan type from the drop‐down box. Valid Plan Types are
Indemnity, PPO, POS, HMO or EPO.
In the event that the list of plan types does not describe an issuer’s plan exactly, the
issuer should select the closest plan available and provide further explanation of the
Plan Type in the Part III Actuarial Memorandum.
Definitions of each of these categories can be found on the Healthcare.gov website in
the glossary. However, each state may have its own definition of these terms which
would dictate the plan type.
Plan Name: Enter the name of each plan within a product.
The term “plan” is defined as a unique combination of benefits to a specific set of cost
sharing options and network design(s) to a particular service area. Most products will
be made up of multiple plans that produce an actuarial value equal to one of the metal
levels permitted under the ACA. The Plan Name is the marketing name used when
referring to the specific set of benefits and cost sharing values. The Plan Name shown
should be consistent across submissions (e.g., QHP application, state filings).
All plans included in the single risk pool experience shown on Worksheet 1 must be
entered in this section of Worksheet 2. This includes any plans that are terminated but
have experience included in the single risk pool during the Experience Period. It also
includes any plans that were not in effect during the Experience Period but were made
available thereafter. Issuers should not enter cost sharing reduction plan variations
separately, since as described in 45 CFR 156.400‐156.420, plan variations are not
separate plans, but rather variations of the corresponding standard plans, with the same
premium, benefits, and network as the standard plan. Further instructions are provided
in Sections III and IV, below, on how to account for cost sharing reductions in this
template.
For products that are closed to new entrants prior to January 1, 2015, the issuer should
indicate that there is one plan in the product when completing the template. The Plan
Name for the product or grouping of terminated products should be entered as
“Terminated Products.”
Currently, HIOS does not report plan names containing special characters, e.g., %. It is
recommended that plans containing special characters spell out the name of the special
character, e.g. “20Percent Coinsurance Plan” for “20% Coinsurance Plan.”
27
Plan ID: Enter each assigned Plan ID. The two‐letter state code portion of the Plan ID must be
entered using capital letters.
The Plan ID is a unique identifier for the set of benefits and cost sharing values offered
within a product by the HIOS issuer, or in other words, a unique identifier of each plan.
Plan IDs contain three digits. This field must be entered as a text input and must include
any leading zeros (e.g. 001).
For products that are closed to new entrants prior to January 1, 2015, the issuer should
indicate that there is one plan in the product when completing the template. The Plan
ID for the product or grouping of terminated products should be populated with the
Product ID discussed above.
Exchange Plan: For each plan, enter an indicator (yes or no) as to whether the plan will be
offered inside a State‐based or Federally Facilitated Exchange or Small Business Health Options
Program (SHOP), regardless of whether or not it will also be offered in the outside market. If an
application for qualified health plan status is pending, enter “yes.” This indicator should not be
used to identify whether a plan is offered on a private exchange.
Historical Rate Increases: For each product, enter the historical rate increase for the period two
years prior to the current calendar year, one year prior to the current calendar year, and the
current calendar year.
For example, if the template is submitted in 2013 for an Effective Date of January 1,
2014, the current calendar year is 2013. Rate increases are therefore required to be
entered for 2011, 2012, and 2013.
Rate increases must reflect the full rate increase that is applied to a policy during the
applicable year. For example, if rate tables in the market change quarterly but each
policyholder’s premium rates change annually, then the rate increase for policies
renewing during the year must reflect the total rate change that applies to each
policyholder during that year, which is the cumulative effect of the four quarterly rate
changes.
If multiple rate increases were implemented during the calendar year period being
reported, enter the premium weighted average rate increase across the entire calendar
year. For example, assume the submission is for the small group market in which 50% of
groups (representing 50% of the annual revenue) renew in January, 25% renew in April,
and 25% renew in October. The calendar year increases are 7% in January, 6% in April,
and 5% in October, then the calendar year average rate increase is 6.25% (=7%*50% +
6%*25% + 5%*25%).
For the current calendar year, include all rate changes that have been approved, are
currently under review by the applicable regulatory agency, or are anticipated to be
28
submitted. For example, if the template is being submitted in April 2013 for an effective
date of January 1, 2014 for a market in which rates change quarterly, include in the
average rate increase for 2013 any rate increases that have already been approved or
are intended to be implemented in 2013 including those implemented after the
submission (e.g., effective July 2013 and October 2013).
For new plans, enter a value of ‐999% in the Historical Rate Increases. If a plan was
recently offered for the first time, and therefore does not have experience in the
Experience Period, enter the actual Historical Rate Increases in the same manner as
other existing plans. If an existing plan has not previously had a rate increase, enter
0.00%.
For terminated products, the historical rate increase fields are optional. However, since
the template expects an entry, enter ‐999% to avoid validation warnings.
Effective Date of Proposed Rates: For each plan, enter the corresponding effective date of the
proposed rate increases.
See Worksheet 1 instructions for Effective Date. All products and plans must have the
same effective date. If some products or plans will have a rate change and others will
not, then a 0% rate change may be entered in the “Rate Change % (over prior filing)”
field described immediately below for those plans that will not have a rate change on
the product’s effective date.
As on Worksheet 1, if the submission is for the small group market, enter the effective
date on which the products’ rates will change due to the Index Rate being revised. For
example, if the small group submission revises the Index Rate for July 1, 2015 effective
dates and includes a trend increase applicable on October 1, 2015, enter July 1, 2015.
Rate Change % (over prior filing): Enter the average change in premium rates over the rates
included in the prior filing for each plan.
For new plans enter 0.00% in this field.
Cum’tive Rate Change % (over 12 mos prior): Enter the average change in premium rates over
the twelve month period prior to the effective date for each plan. This should be the premium‐
weighted average of the 12‐month increases that apply at renewal.
For new plans enter ‐999.00% in this field. It is important to enter this value in the
template in this case so other calculated fields in the template are correctly generated.
Proj’d Per Rate Change % (over Exper. Period): For each plan, the percentage change in rates
between the Experience Period and the Projection Period is shown. This is a calculated field.
29
Product Threshold Rate Increase %: The template calculates the threshold rate increase for
each product. This is the rate increase that determines whether the rate increase is subject to
review, per 45 CFR Part 154 §154.200.
Section II: Components of Premium Increase (PMPM Dollar Amount
above Current Average Rate PMPM)
This section can be completed with variations only at the product level or variations at each
plan level within a product.
If the information is entered with the product level variation, this means the issuer
enters the information for the total product spread evenly across all plans within the
product. If the issuer chooses this methodology, the proposed rate increase for each
plan within the product must be identical.
If the issuer chooses to enter the information separately for each plan within a product
rather than use the simplified approach of entering the product averages, the proposed
rate increase for each plan can vary for items allowable by state and Federal laws and
regulations. If an issuer chooses to enter information separately for each plan, all
information input into the Part I Unified Rate Review Template for each plan must
reflect experience or best estimate projections for each specific plan. For example,
projected member months must reflect the issuer’s best estimate of expected
enrollment in each plan. With the exception of terminated plans, no plan should have
expected membership of zero. If zeros are entered in the Part I Unified Rate Review
Template, an issuer may be required to resubmit the template which may cause delays
in the rate review and approval process.
Inpatient: Enter the portion of the increase in the premium rate that corresponds to benefits
provided for inpatient services for each plan. See the instructions for Worksheet 1, Section II for
the definition of Inpatient Hospital services.
Outpatient: Enter the portion of the increase in the premium rate that corresponds to benefits
provided for outpatient services for each plan. See the instructions for Worksheet 1, Section II
for the definition of Outpatient Hospital services.
Professional: Enter the portion of the increase in the premium rate that corresponds to
benefits provided for professional services for each plan. See the instructions for Worksheet 1,
Section II for the definition of Professional services.
Prescription Drugs: Enter the portion of the increase in the premium rate that corresponds to
benefits provided for prescription drugs for each plan. See the instructions for Worksheet 1,
Section II for the definition of Prescription Drug services.
30
Other: Enter the portion of the increase in the premium rate that corresponds to benefits
provided for services defined in the “other” benefit category for each plan. See the instructions
for Worksheet 1, Section II for the definition of Other Medical services.
Capitation: Enter the portion of the increase in the premium rate that corresponds to benefits
provided for services defined under capitation for each plan. See the instructions for Worksheet
1, Section II for the definition of Capitation.
Administrative Expenses: Enter the portion of the increase in the premium rate that
corresponds to administrative expenses incorporated in the premium rates for each plan. See
the instructions for Worksheet 1, Section III for the definition of Administrative Expense Load.
Taxes & Fees: Enter the portion of the increase in the premium rate that corresponds to the
taxes and fees incorporated in the premium rates for each plan. Also include expected changes
in the payments and charges under the risk adjustment and reinsurance programs, in addition
to the administrative costs associated with these programs. Since the total rate increase is
affected by changes in anticipated transfer payments, these need to be reflected in order for
the total to be calculated correctly.
Risk & Profit Charges: Enter the portion of the increase in the premium rate that corresponds
to the risk and profit charges incorporated in the premium rates for each plan. See the
instructions for Worksheet 1, Section III for the definition of Profit & Risk Load.
Total Rate Increase: This is a calculated field and equals the sum of the benefit categories,
administrative expenses and the risk and profit charges for each plan. It should equal the
difference between the projected Average Rate PMPM and the Average Current Rate PMPM.
Member Cost Share Increase: Enter the expected increase in the member’s cost sharing
portion from the period underlying the current rate for the plan to the projected rating period
of the plan. This includes cost sharing paid by HHS on behalf of low‐income members.
This might reflect the impact of trend on coinsurance, for example. This would not
include any increase in the member’s cost associated with the increase in premium
rates.
Average Current Rate PMPM: Enter the average premium rate on a per member basis for each
plan for the most recently approved rates.
The Average Current Rate PMPM should be generated using the projected membership,
not the currently enrolled membership.
In the case of small group rates where a trend factor is filed and approved, the Average
Current Rate PMPM should reflect the latest approved rate. For example, assume the
current rates were filed for effective dates between January and December with a
31
quarterly trend factor. The current rates that should be entered in the rate filing would
be the rates with effective dates October through December.
For new plans (i.e., those with Cum’tive Rate Change % (over 12 mos prior) entered as ‐
999.00% as instructed above), enter the projected average rate PMPM for each plan in
this field. It is understood that these new plans do not actually have current rates.
However, it is necessary to populate this field with the projected average rate so that
the projected Average Rate PMPM in Section IV is calculated correctly by the template.
It is also understood that the calculated Average Current Rate PMPM across all plans will
not reflect the true current average in the event that there are new plans or very recently
offered plans with Projected Member Months (which are used to calculated the overall
average) but whose current rate reflects a rate for a later effective date than the
remaining plans that are not new. In fact, any time the Projected Member Months have
a different distribution across plans than the current distribution, the Average Current
Rate PMPM will not represent the true current average rate.
Projected Member Months: Enter the projected member months by plan that correspond to
the effective period of the rates for each plan. See the instructions for Worksheet 1, Section II
for the definition of Projected Member Months. The sum of the Projected Member Months for
each of the plans should equal the Projected Member Months on Worksheet 1.
The total Member Months in the projection period should be consistent with the
Projected Member Months entered in Section III of Worksheet 1. However, the member
months may differ if there are different effective dates for the products/plans. The
template includes a “Warning” indicator if there is a significant difference between the
member months found in Worksheet 1 and in Worksheet 2. In these cases, support for
the member months in both worksheets should be documented in the Part III Actuarial
Memorandum.
If an issuer chooses to enter information at the plan specific level, projected member
months entered in the template must reflect an issuer’s best estimate of projected
enrollment for that specific plan. With the exception of terminated plans, the projected
member months for a plan should not be zero. If the projected membership does not
meet this criteria, issuers may be required to resubmit the Part I Unified Rate Review
Template which may cause delays in the rate review and approval process.
Section III: Experience Period Information
The information shown in this section captures the historical data for the twelve month period
used in the base period experience. This should be the same time period as the Experience
Period found in Worksheet 1. See the instructions for Worksheet 1 for the definition of the
Experience Period.
32
Similar to Section II of this worksheet, the information requested in this section can be entered
at the product level or at the plan level. See Section II for a description of these variations.
Average Rate PMPM: Enter the average premium rate PMPM for each plan during the
experience period. The average should be generated using membership consistent with the
Experience Period for each plan.
It is anticipated that the overall Average Rate PMPM during the Experience Period
should be similar to the average premium rate found in Section I of Worksheet 1. The
template includes a “Warning” indicator if there is a significant difference between the
average premiums on the two worksheets. If the Warning is indicated, additional
information should be provided in the Part III Actuarial Memorandum that explains the
differential.
Member Months: Enter the total member months during the Experience Period. See the
instructions for Worksheet 1 for the definition of Experience Period Member Months.
The total Member Months in the Experience Period should be consistent with the
Experience Period Member Months entered in Worksheet 1. The template includes a
“Warning” indicator if there is a significant difference between the member months
found in Worksheet 1 and in Worksheet 2. In these cases, support for the member
months in both worksheets should be documented in the Part III Actuarial
Memorandum.
Total Premium (TP): The total premium earned in the Experience Period for each plan is
calculated as the Average Rate PMPM multiplied by the Member Months in a given plan.
The Total Premium (TP) in the experience period should be consistent with the total
premium found in Section I of Worksheet 1. The template includes a “Warning”
indicator if there is a significant difference between the total premiums shown on both
worksheets. If the Warning is indicated, additional information should be provided in
the Part III Actuarial Memorandum that explains the cause.
EHB Percent of TP: Enter the percentage of the total premium that is associated with EHB
services in each plan (including administrative expenses and profit associated with those
services). Note these fields are optional for submissions with an experience period that ends
prior to January 1, 2014.
When calculating the EHB Percent of TP, the Administrative Expense Load, Profit & Risk
Load, and Taxes & Fees should be allocated to the various categories in this section
(EHB, state mandated benefits that are not EHB, and other benefits) of the template in
proportion to the claims expenses. For example, if 95% of claims are EHB and 5% of
claims are other benefits, then the EHB Percent of TP should be 95%. Similarly, the
Other benefits portion of TP should be 5% in the example and would be calculated as
33
such by the template. Administrative expenses and profit should not be
disproportionately allocated to one benefit over another. The sum of the EHB
percentage, the state mandated benefits percentage and the other benefits percentage
should equal 100%.
If abortion services are included in the EHB package, the portion of the premium related
to these services is to be handled using two different methods in accordance with the
criteria described below.
• If the plan is a QHP offered in the Federally Facilitated Exchange or State‐Based
Exchange, the percentage of the premium associated with abortion services
should not be included in the EHB percentage (even though these services may
be in the EHB benchmark package). The EHB percentage will be used in the
calculation of subsidy amounts. Since subsidy payments may not be provided for
costs associated with abortion services, they must be excluded from the EHB
proportion.
• If the plan is not a QHP offered in the Federally Facilitated Exchange or State‐
Based Exchange, but rather is only offered in the outside market, the percentage
of premium associated with abortion services should be included in the EHB
percentage.
If abortion services are not included in the EHB benchmark package, any covered
abortion services should be reflected in either the state mandated benefits portion or
the other benefits portion regardless of whether the plan is sold inside or outside of the
exchange.
State mandated benefits portion of TP that are other than EHB: Enter the percentage of the
total premium for each plan that is associated with state mandated benefits that are not part of
the EHB package. Note these fields are optional for submissions with an experience period that
ends prior to January 1, 2014.
Similar to the EHB percentage, the state mandated benefit percentage of the total
premium should include the portion of administrative expenses, taxes and fees and risk
and profit loads associated with these services.
State mandated benefits that are not part of the EHB package that are required to be
offered only (i.e. it is the choice of the insured as to whether or not to purchase the
benefits) should not be included in this component as the benefit is optional from the
purchaser’s perspective. The premium associated with these types of benefits should be
included in the Other benefits portion of the premium, which is defined below.
34
The percentages in these fields are required (except for the optional treatment
described above) as states will need to fund the portion of the premium for state
mandated benefits that are not included in the EHB package.
Other benefits portion of TP: This is a calculated field which generates the remaining
percentage of the total premium based on the values entered from the EHB and state
mandated benefits portions, described above.
As stated previously, the sum of the EHB portion, the state mandated benefit portion
not associated with EHBs and the other benefits portion should equal 100%.
Total Allowed Claims (TAC): Enter the total allowed claims for each benefit plan with service
dates within the Experience Period.
The Total Allowed Claims (TAC) across all benefit plans for the Experience Period should
be consistent with the Allowed Claims entered in Section I of Worksheet 1. The template
includes a “Warning” indicator when the allowed claims between Worksheet 1 and
Worksheet 2 are significantly different. If a Warning is indicated, the issuer should
provide additional support for the difference between the total allowed claims between
Worksheet 1 and 2 in the Part III Actuarial Memorandum.
EHB Percent of TAC: Enter the percentage of the total allowed claims that are associated with
EHB services in each plan during the Experience Period. Note these fields are optional for
submissions with an Effective Date, as shown on Worksheet 1, in calendar year 2015.
If abortion services are included in the EHB package, the portion of the allowed claims
related to these services is to be handled in two different methods in accordance with
the criteria described below.
• If the plan is a QHP offered in the Federally Facilitated Exchange or State‐Based
Exchange, the percentage of the allowed claims associated with abortion
services should not be included in the EHB percentage (even though these
services may be in the EHB package).
• If the plan is not a QHP offered in the Federally Facilitated Exchange or State‐
Based Exchange, but rather is only offered in the outside market, the percentage
of allowed claims associated with abortion services should be included in the
EHB percentage.
If abortion services are not included in the EHB package, any covered abortion services
should be reflected in either the state mandated benefits portion or the other benefits
portion regardless of whether the plan is sold inside or outside of the exchange.
35
State mandated benefits portion of TAC that are other than EHB: Enter the percentage of the
total allowed claims for each plan that are associated with state mandated benefits that are not
part of the EHB package. Note these fields are optional for submissions with an experience
period ending prior to January 1, 2014.
State mandated benefits that are not part of the EHB package that are required to be
offered only (i.e. it is the choice of the insured whether the benefits are purchased)
should not be included in this component as the benefit is optional from the purchaser’s
perspective. The allowed claims associated with these types of benefits should be
included in the Other benefits portion, which is defined below.
Other benefits portion of TAC: This is a calculated field which generates the remaining
percentage of the total allowed claims based on the values entered from the EHB and state
mandated benefits portions, described above.
As stated previously, the sum of the EHB portion, the state mandated benefit portion
not associated with EHBs and the other benefits portion should equal 100%.
Allowed Claims which are not the issuer’s obligation: Enter the portion of the allowed claims
(as defined on Worksheet 2) that were paid by the insured or other funds for each plan
separately during the experience period. These would include the following types of payments:
• Member cost sharing (i.e. deductible, coinsurance and copays). This should be based
on the cost sharing associated with the benefits of each plan. For those plans with
reduced cost sharing subsidies for the member, the cost sharing amount included
this value should reflect both the amount paid by the member and the subsidies. For
example, for the silver plan variation with 94% cost sharing, the value of the cost
sharing included in this field should reflect the approximately 6% cost sharing
expected from the member and the approximately 24% cost sharing covered by the
federal subsidy for a total cost sharing value of approximately 30% (6% + 24%).
• Risk transfer charges or payments associated with the risk adjustment program. In
this case, risk adjustment charges made to the program should be entered as a
negative amount and payments received from the program should be entered as a
positive amount. The issuer should estimate the risk transfer charge or payment by
plan and provide detailed information in the Part III Actuarial Memorandum on the
methodology used to allocate the payments between plans. The risk adjustment
user fees should not be included since they are not part of allowed claims.
• Federal reinsurance payments received should be included in this field. The federal
reinsurance payments should be entered by plan. Payments should be entered as
positive amounts. The method used to determine these payments by plan should be
described in the Part III Actuarial Memorandum. The federal reinsurance
contributions should not be included since they are not part of allowed claims.
36
• Other claims that are not described above but included in this cell should be
described in detail in the Part III Actuarial Memorandum.
Portion of above payable by HHS’s fund on behalf of insured person, in dollars: Enter the
portion of the total dollars that are attributable to HHS during the Experience Period. This is the
cost sharing reduction subsidies.
Portion of above payable by HHS on behalf of insured person, as %: This is a calculated field
and displays the percentage of claims covered by HHS over the value of all claims not covered
by the issuer.
Net Amt of Rein: Enter the Federal reinsurance amount received for each plan during the
Experience Period.
This value should be calculated consistently with the federal reinsurance amount
included in the Allowed Claims which are not the issuer’s obligations. However, it will
differ from that amount in that this field is net of the reinsurance contribution amount.
For time periods prior to 2014, the value should be zero, as the program was not
operational until 2014.
Net Amt of Risk Adj: Enter the risk transfer charge or payment during the Experience Period for
each plan.
This value should be calculated consistently with the risk transfer charge or payment
included in the Allowed Claims which are not the issuer’s obligation. However, it will
differ from that amount in that this field is net of the risk adjustment user fees. If the
transfer amount is a charge (liability payment made to other issuers) the value should
be a negative amount. If the transfer amount is a payment received from other issuers
the value should be entered as a positive amount.
For time periods prior to 2014, the value should be zero, as the program was not
operational until 2014.
Section IV : Projected (12 months following effective date)
The information shown in this section captures the projected data for the twelve month period
following the effective date for each plan. Similar to Sections II and III of this worksheet, the
information requested in this section can be entered at the product level or at the plan level.
See Section II for a description of these variations.
It is expected that in general, the projection period found in this section should be the same as
the Projection Period found in Section II of Worksheet 1. However, there are circumstances
37
where the projection periods may differ. These circumstances occur in the small group market
when prospective trend is included in the submission (if permitted by the state). In this case:
Similar to the Index Rate for Projection Period on Worksheet 1, the Plan Adjusted Index
Rate must reflect the member weighted average of the projected trended plan adjusted
Index Rates applicable for all effective dates in the submission. See the Appendix for
more information on the calculation of the member weighted average Index Rate.
Member months should be consistent with those reflected on Worksheet 1. Since the
single risk pool requires the Index Rate be based on ALL enrollees in the market in the
state for that issuer, the member months should reflect all projected member months
for the single risk pool in the projection period, regardless of the expected renewal
month.
Since Total Premium (TP) for the projection period is calculated as the Plan Adjusted
Index Rate multiplied by the member months, this will reflect the weighted average Plan
Adjusted Index Rates for all effective dates.
All data entered in the Claims Information section (rows 86 through 96) should be consistent
with the projection period shown on Worksheet 1. Therefore, the amount of trend reflected in
the claims section will differ from that reflected in the premium information.
Plan Adjusted Index Rate: Enter the projected Plan Adjusted Index Rate into these cells for
each plan ID for the effective period of the proposed rates.
The Plan Adjusted Index Rate is the Market Adjusted Index Rate (defined in the
introduction of these instructions) further adjusted for plan specific factors allowable by
45 CFR Part 156.80(d)(2) such as provider network, utilization management, benefits in
addition to Essential Health Benefits (EHBs), actuarial value and cost sharing,
distribution and administrative costs (less Exchange fees) and catastrophic plan
eligibility variation.
The overall weighted average of the Plan Adjusted Index Rates should be similar to the
Single Risk Pool Gross Premium Avg. Rate, PMPM found in Section III of Worksheet 1.
The template includes a “Warning” indicator if there is a significant difference between
the average premiums on the two worksheets. If the Warning is indicated, additional
information should be provided in the Part III Actuarial Memorandum that explains the
differential. One explanation that may apply is that the small group Plan Adjusted Index
Rates reflect the member weighted average of the rates for all effective dates in the
filing, whereas the Worksheet 1 Single Risk Pool Gross Premium Avg. Rate reflects the
effective date of the change in the Index Rate.
Member Months: The template populates the projected Member Months using the Projected
Member Months entered in Section II of the worksheet.
38
Total Premium (TP): The total premium earned in the projection period for each plan is
calculated as the Average Rate PMPM multiplied by the Member Months in a given plan.
The Total Premium (TP) in the projection period should be similar to the total premium
found in Section III of Worksheet 1. The template includes a “Warning” indicator if there
is a significant difference between the total premiums shown on both worksheets. If the
Warning is indicated, additional information should be provided in the Part III Actuarial
Memorandum that explains the cause.
EHB Percent of TP: Enter the percentage of the total premium that is associated with EHB
services in each plan. It is critical that this percentage be entered correctly, and consistently
with any QHP application. It is likely that this field will be used by CCIIO to calculate the advance
premium tax credits for subsidy‐eligible enrollees. If the values in this field are not entered
correctly, the calculation of the advance premium tax credits may be incorrect for an issuer.
For non‐terminated ACA compliant plans, the value entered into the EHB Percent of TP field
must be greater than zero. It is critical that this percentage be entered correctly as it is likely it
will be used to calculate the advance premium tax credits for subsidy‐eligible members.
For pre‐ACA plans and terminated plans, the field may be left blank.
When calculating the EHB percentage, the Administrative Expense Load, Profit & Risk
Load, and Taxes & Fees should be allocated to the various categories in this section of
the template in proportion to the claims expenses. The sum of the EHB percentage, the
state mandated benefits percentage and the other benefits percentage should equal
100%.
If abortion services are included in the EHB package, the portion of the premium related
to these services is to be handled using two different methods in accordance with the
criteria described below.
• If the plan is a QHP offered in the Federally Facilitated Exchange or State‐Based
Exchange, the percentage of the premium associated with abortion services
should not be included in the EHB percentage (even though these services may
be in the EHB benchmark package). The EHB percentage will be used in the
calculation of subsidy amounts. Since subsidy payments may not be provided for
costs associated with abortion services, they must be excluded from the EHB
proportion.
• If the plan is not a QHP offered in the Federally Facilitated Exchange or State‐
Based Exchange, but rather is only offered in the outside market, the percentage
of premium associated with abortion services should be included in the EHB
percentage.
39
If abortion services are not included in the EHB benchmark package, any covered
abortion services should be reflected in either the state mandated benefits portion or
the other benefits portion regardless of whether the plan is sold inside or outside of the
exchange.
Submission of the Part I Unified Rate Review Template and corresponding Part III
Actuarial Memorandum satisfies the requirements of 45 CFR 154.215 and 156.470.
State mandated benefits portion of TP that are other than EHB: Enter the percentage of the
total premium for each plan that is associated with state mandated benefits that are not part of
the EHB package.
Similar to the EHB percentage, the state mandated benefit percentage of the total
premium should include the portion of administrative expenses, taxes and fees and risk
and profit loads associated with these services.
State mandated benefits that are not part of the EHB package that are required to be
offered only (i.e. it is the choice of the insured whether the benefits are purchased)
should not be included in this component as the benefit is optional from the purchaser’s
perspective. The premium associated with these types of benefits should be included in
the Other benefits portion of the premium, which is defined below.
The percentages in these fields are required as states will need to fund the portion of
the premium for state mandated benefits that are not included in the EHB package.
Other benefits portion of TP: This is a calculated field which generates the remaining
percentage of the total premium based on the values entered from the EHB and state
mandated benefits portions, described above.
As stated previously, the sum of the EHB portion, the state mandated benefit portion
not associated with EHBs and the other benefits portion should equal 100%.
Total Allowed Claims (TAC): Enter the total allowed claims for each benefit plan with service
dates within the projection period. See the instructions for Worksheet 1 for the definition of
Allowed Claims.
The Total Allowed Claims (TAC) across all benefit plans for the projection period should
be consistent with the total allowed claims, the projected risk adjustments and the
projected ACA reinsurance recoveries entered in Section III of Worksheet 1. The
template includes a “Warning” indicator when the sum of the allowed claims, the
projected risk adjustments and the projected ACA reinsurance recoveries in Worksheet
1 and the allowed claims in Worksheet 2 are significantly different. If a Warning is
indicated, the issuer should provide additional support for the difference between these
amounts in the Part III Actuarial Memorandum.
40
EHB Percent of TAC: Enter the percentage of the total allowed claims that are associated with
EHB services in each plan during the projection period. If abortion services are included in the
EHB package, the portion of the allowed claims related to these services is to be handled in two
different methods in accordance with the criteria described below. It is critical that this
percentage be entered correctly. This field is used by CCIIO to calculate cost sharing reduction
advance payments for subsidy‐eligible enrollees. If the values in this field are not entered
correctly, the calculation of the cost sharing reduction advance payments may be incorrect for
an issuer.
• If the plan is a QHP offered in the Federally Facilitated Exchange or State‐Based
Exchange, the percentage of the allowed claims associated with abortion
services should not be included in the EHB percentage (even though these
services may be in the EHB package).
• If the plan is not a QHP offered in the Federally Facilitated Exchange or State‐
Based Exchange, but rather is only offered in the outside market, the percentage
of allowed claims associated with abortion services should be included in the
EHB percentage.
If abortion services are not included in the EHB package, any covered abortion services
should be reflected in either the state mandated benefits portion or the other benefits
portion regardless of whether the plan is sold inside or outside of the exchange.
Submission of the Part I Unified Rate Review Template and corresponding Part III
Actuarial Memorandum satisfy the requirements of 45 CFR 154.215 and 156.470.
State mandated benefits portion of TAC that are other than EHB: Enter the percentage of the
total allowed claims for each plan that are associated with state mandated benefits that are not
part of the EHB package.
State mandated benefits that are not part of the EHB package that are required to be
offered only (i.e. it is the choice of the insured whether the benefits are purchased)
should not be included in this component as the benefit is optional from the purchaser’s
perspective. The allowed claims associated with these types of benefits should be
included in the Other benefits portion, which is defined below.
Other benefits portion of TAC: This is a calculated field which generates the remaining
percentage of the total allowed claims based on the values entered from the EHB and state
mandated benefits portions, described above.
As stated previously, the sum of the EHB portion, the state mandated benefit portion
not associated with EHBs and the other benefits portion should equal 100%.
41
Allowed Claims which are not the issuer’s obligation: Enter the portion of the allowed claims
(as defined in Worksheet 2) that were paid by the insured or other funds for each plan
separately during the projection period. These would include the following types of payments:
• Member cost sharing (i.e. deductible, coinsurance and copays). This should be based
on the cost sharing associated with the benefits of each plan. For those plans with
reduced cost sharing subsidies for the member, the cost sharing amount included
this value should reflect both the amount paid by the member and the subsidies.
• Risk transfer charges or payments associated with the risk adjustment program. In
this case, risk adjustment charges made to the program should be entered as a
negative amount and payments received from the program should be entered as a
positive amount. The issuer should estimate the risk transfer charge or payment by
plan and provide detailed information in the Part III Actuarial Memorandum on the
methodology used to allocate the payments between plans.
• Federal reinsurance payments expected to be received should be included in this
field. The federal reinsurance payments should be entered by plan. Payments should
be entered as positive amounts. The method used to determine these payments by
plan should be described in the Part III Actuarial Memorandum.
• Other claims that are not described above but included in this cell should be
described in detail in the Part III Actuarial Memorandum.
Portion of above payable by HHS’s fund on behalf of insured person, in dollars: Enter the
portion of the total dollars that are attributable to HHS during the projection period. This is the
cost sharing reduction subsidies.
These estimates should be based on the issuer’s expected enrollment of cost sharing
reduction eligible members. The methodology used to estimate these values should be
explained in the Part III Actuarial Memorandum.
Since this value is a portion of the payments entered in the Allowed Claims which are
not the issuer’s obligations (described above), the same methodology to estimate these
payments should be employed.
Portion of above payable by HHS on behalf of insured person, as %: This is a calculated field
and displays the percentage of claims covered by HHS over the value of claims not covered by
the issuer.
Net Amt of Rein: Enter the Federal reinsurance amount expected to be received for each plan
during the projection period, net of the reinsurance assessments.
42
This value should reflect both assessments charged and payments received under the
program. The amount entered should be consistent with the amount that reflects
payments received or assessments charged under the Federal reinsurance program that
is included in the Allowed Claims which are not the issuer’s obligations.
Net Amt of Risk Adj: Enter the amount of any risk transfer payment expected to be received
during the projection period for each plan. If a risk transfer charge is anticipated to be assessed,
the value entered should be negative.
This value should be consistent with the risk transfer payment, if any, included in the
Allowed Claims which are not the issuer’s obligation. If the transfer amount is expected
to be a payment received from other issuers the value should be entered as a positive
amount. If the transfer amount is expected to be a charge (liability payment made to
other issuers) a negative value should be entered.
Validation and Finalization of Part I Unified Rate Review Template
(URRT) in HIOS
An issuer must validate the URRT submission in order to complete the upload process within
HIOS. The following steps are to be taken in order to complete the process.
1. The issuer creates the initial submission and uploads the required documentation. At this
point the submission is in the Pre‐Validation status.
2. The issuer must check the validation box on the submission summary. Once the issuer
checks this box, the submission is in the Record Validated status.
43
Appendix
Single Risk Pool and Index Rate Requirements
The Single Risk Pool and Index Rate Requirements are specified in 45 CFR Part 156.80.
45 CFR Part 156.80(a), (b), and (c) require that health insurance issuers consider the claims
experience of all enrollees in all non‐grandfathered health plans subject to section 2701 of the
Public Health Services Act and offered by the issuer in the state to be members of a single risk
pool for each of the individual, small group, and combined markets.
45 CFR Part 156.80(d) requires that a health insurance issuer establish an Index Rate for each of
the individual, small group, or combined markets annually. The Index Rate for each market is
based on the total combined claims costs for providing Essential Health Benefits within the
Single Risk Pool for that state market.
Timeframe for Part 1 Unified Rate Review Template Submissions
The following table provides the guidelines for the submission of the Part 1 Unified Rate Review
Template for rates associated with the different types of public exchanges (i.e. FFM/SPM), and
non‐QHPs. This applies to filings for January 1 effective dates in all markets.
Type of Filing
Issuer Submission
Date for 2015 Rates
QHP Filing – FFM/SPM
[TBD]
QHP Filing – SBM
Based on state
regulatory agency
requirements
Non-QHP Filing
Based on state
regulatory agency
requirements
44
In addition, issuers may file revised rates for small group plans on a quarterly basis,
subject to other state requirements. For example, a state may not allow issuers to
submit revised rates for fourth quarter. The table below shows suggested guidance for
a timeline of submission of these plans. However, the specific submission dates may
vary from these guidelines depending upon specific requirements for individual states.
Small Group Quarterly Submission Schedule (Non‐Grandfathered Single Risk Pool Plans)
Type of Filing
Issuer Submission
Date
Finalization Date for
2015 Rates
QHP Filing – FFM/SPM
At least 90 days
prior to effective
date
At least 45 days prior
to effective date
QHP Filing – SBM
At least 90 days
prior to effective
date
At least 45 days prior
to effective date
Non-QHP Filing
Based on state
regulatory agency
requirements
At least 45 days prior
to effective date
Use of the Data Submitted in the URRT
CCIIO uses the data submitted in the URRT in a variety of ways.
In states where CCIIO performs the Market Reform Rules compliance reviews, CCIIO uses the
URRT in conjunction with other information to perform the compliance reviews.
CCIIO’s Financial Management may use certain fields in the calculation of Advance Premium Tax
Credit (APTC) payments and Cost Sharing Reduction (CSR) advance payments.
Disclosure of the URRT data
Upon completion of the Freedom of Information Act review that is underway, CCIIO will
disclose the data included in the URRT on its website.
URRT Submission Statuses
URRT submissions are in the following statuses under various circumstances.
The URRT contains no rate increases that are subject to review
45
Pre‐validation – the issuer has successfully created the URRT submission
Record Validated – this issuer has validated the URRT submission. Once the
issuer has validated the submission, the issuer must request authorization if they
need to revise the submission.
Pending Resubmission – the URRT submission has been “unlocked” to allow the
issuer to upload a revision to one or more of the documents. The URRT
submission needs to be re‐validated after the revised documents have been
uploaded.
Rate Filing Accepted – review of the URRT submission has been completed. If
any revisions are necessary after the submission is put into this status, the
submission will need to be deactivated and the issuer will need to create a new
URRT submission
The URRT contains one or more rate increases that are subject to review
Pre‐validation – the issuer has successfully created the URRT submission
Record Validated – this issuer has validated the URRT submission. Once the
issuer has validated the submission, the issuer must request authorization if they
need to revise the submission.
Pending Resubmission – the URRT submission has been “unlocked” to allow the
issuer to upload a revision to one or more of the documents. The URRT
submission needs to be re‐validated after the revised documents have been
uploaded.
Submission Filed – preliminary review of the submission has been completed by
the appropriate regulator.
Review in Progress – submission is pending final determination.
Review Complete – final determination has been entered by the appropriate
regulator.
46
How to Request a Revision to a URRT Submission
While a submission is in the “Pre Validation” status, the issuer may revise the submission at
will.
Once the issuer has validated the submission, the issuer must request authorization if they
need to revise the submission. To request authorization to revise the submission, send an
email to ratereview@cms.hhs.gov with the following information:
• Submission tracking number.
• Description of the specific changes you are requesting. Include any necessary
explanation of the revisions and the reasons the revisions are required.
• An indication that the appropriate regulator has authorized the requested revision.
• An indication of whether the submission contains any Exchange plans.
• An indication of whether the Index Rate will change as a result of the revisions to the
submission.
If the requested revision is authorized, the issuer needs to re‐validate the submission after the
revised documents have been uploaded.
Guidance for Quarterly Rate Increases
This appendix provides guidance on a methodology for the completion of the Part I Unified Rate
Review template in the small group market when an issuer chooses to file rates with predefined
quarterly trend increases. The guidance provided is not the required methodology, but rather
an example of how the template could be completed.
Premium rates for products in the small group market may be allowed to change on a quarterly
basis for trend, if not prohibited by the state. If an issuer chooses to increase rates on a
quarterly basis for trend, the issuer may file for trend increases for a specified period of time.
However, the Index Rate for the projection period must be reflective of each of the trended
rates effective during the period.
A methodology that could be used to calculate the Index Rate would be to develop a weighted
average using each effective premium rate and the expected number of members at the
corresponding premium level. This would be performed for each renewal month during the
twelve month period. For example, in the template filed for a January effective date, the Index
Rate would be calculated for each renewal month (January through December). The December
rates in this example would be weighted with the expected enrollment for December renewals
47
for the twelve‐month rating period from December of that year through November of the next
year. The table below shows an example of this calculation and the Index Rate that could be
entered into the Part I Unified Rate Review template.
The example is an issuer that wishes to change their small group rates on a quarterly basis using
an annual trend of 5%. The template is submitted for a January 1 effective date.
Effective Dates
January
April
July
October Total Single Risk Pool
Member Months
1000
500
1000
500
3000
Base Allowed Claims
$ 250.00
$ 250.00
$ 250.00
$ 250.00
$
250.00
Months of Trend
24
27
30
33
Annual Trend Rate
5%
5%
5%
5%
Single Risk Pool Projected
Allowed Claims
$ 275.63
$ 279.01
$ 282.43
$ 285.90
$
280.17
Index Rate Entered in
January Template
$ 280.17
Effective Date Entered in
January Template
1/1/xxxx
The quarterly trend factor for each quarter should be included in the Part III Actuarial
Memorandum, and support should be provided. Please see the instructions for the Part III
Actuarial Memorandum for further information.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Unified Rate Review v2.0.2
Company Legal Name:
State:
HIOS Issuer ID:
Market:
Effective Date of Rate Change(s):
Market Level Calculations (Same for all Plans)
Section I: Experience period data
Experience Period:
to
12/30/1900
Experience Period
Aggregate Amount
PMPM
% of Prem
Premiums (net of MLR Rebate) in Experience Period:
#DIV/0!
#DIV/0!
Incurred Claims in Experience Period
#DIV/0!
#DIV/0!
Allowed Claims:
#DIV/0!
#DIV/0!
Index Rate of Experience Period
Experience Period Member Months
Section II: Allowed Claims, PMPM basis
Experience Period
Projection Period:
1/0/1900
to
12/30/1900
Mid‐point to Mid‐point, Experience to Projection:
‐6 months
on Actual Experience Allowed
Adj't. from Experience to
Projection Period
Projections, before credibility Adjustment
Credibility Manual
Benefit Category
Utilization
Description
Utilization per
1,000
Average
Cost/Service
PMPM
Pop'l risk
Morbidity
Other
Cost
Util
Utilization per
1,000
Average
Cost/Service
PMPM
Utilization
per 1,000
Average
Cost/Service
PMPM
Inpatient Hospital
$0.00
#DIV/0!
#DIV/0!
#DIV/0!
$0.00
Outpatient Hospital
0.00
#DIV/0!
#DIV/0!
#DIV/0!
0.00
Professional
0.00
#DIV/0!
#DIV/0!
#DIV/0!
0.00
Other Medical
0.00
#DIV/0!
#DIV/0!
#DIV/0!
0.00
Capitation
0.00
#DIV/0!
#DIV/0!
#DIV/0!
0.00
Prescription Drug
0.00
#DIV/0!
#DIV/0!
#DIV/0!
0.00
Total
$0.00
#DIV/0!
$0.00
After Credibility
Projected Period Totals
Section III: Projected Experience:
Projected Allowed Experience Claims PMPM (w/applied credibility if applicable)
100.00%
#DIV/0!
#DIV/0!
Paid to Allowed Average Factor in Projection Period
Projected Incurred Claims, before ACA rein & Risk Adj't, PMPM
#DIV/0!
#DIV/0!
Projected Risk Adjustments PMPM
0
Projected Incurred Claims, before reinsurance recoveries, net of rein prem, PMPM
#DIV/0!
#DIV/0!
Projected ACA reinsurance recoveries, net of rein prem, PMPM
0
Projected Incurred Claims
#DIV/0!
#DIV/0!
Administrative Expense Load
#DIV/0!
#DIV/0!
Profit & Risk Load
#DIV/0!
#DIV/0!
Taxes & Fees
#DIV/0!
#DIV/0!
Single Risk Pool Gross Premium Avg. Rate, PMPM
#DIV/0!
#DIV/0!
Index Rate for Projection Period
% increase over Experience Period
#DIV/0!
% Increase, annualized:
#DIV/0!
Projected Member Months
Information Not Releasable to the Public Unless Authorized by Law: This information has not been publically disclosed and may be privileged and confidential. It is for internal government use only and must not be
disseminated, distributed, or copied to persons not authorized to receive the information. Unauthorized disclosure may result in prosecution to the full extent of the law.
Annualized Trend
Factors
1 of 2
Product‐Plan Data Collection
Company Legal Name:
State:
HIOS Issuer ID:
Market:
Effective Date of Rate Change(s):
Product/Plan Level Calculations
Section I: General Product and Plan Information
Product
Product ID:
Metal:
AV Metal Value
AV Pricing Value
Plan Type:
Plan Name
Plan ID (Standard Component ID):
Exchange Plan?
Historical Rate Increase ‐ Calendar Year ‐ 2
Historical Rate Increase ‐ Calendar Year ‐ 1
Historical Rate Increase ‐ Calendar Year 0
Effective Date of Proposed Rates
Rate Change % (over prior filing)
Cum'tive Rate Change % (over 12 mos prior)
Proj'd Per Rate Change % (over Exper. Period)
Product Threshold Rate Increase %
Section II: Components of Premium Increase (PMPM Dollar Amount above Current Average Rate PMPM)
Plan ID (Standard Component ID):
Total
Inpatient
#REF!
Outpatient
#REF!
Professional
#REF!
Prescription Drug
#REF!
Other
#REF!
Capitation
#REF!
Administration
#REF!
Taxes & Fees
#REF!
Risk & Profit Charge
#REF!
Total Rate Increase
#REF!
Member Cost Share Increase
#REF!
Average Current Rate PMPM
#REF!
Projected Member Months
#REF!
ction III: Experience Period Information
Plan ID (Standard Component ID):
Total
Average Rate PMPM
#REF!
Member Months
#REF!
Total Premium (TP)
#REF!
EHB Percent of TP, [see instructions]
#REF!
state mandated benefits portion of TP that are other
than EHB
#REF!
Other benefits portion of TP
#REF!
Total Allowed Claims (TAC)
#REF!
EHB Percent of TAC, [see instructions]
#REF!
state mandated benefits portion of TAC that are
other than EHB
#REF!
Other benefits portion of TAC
#REF!
Allowed Claims which are not the issuer's obligation:
#REF!
Portion of above payable by HHS's funds on
behalf of insured person, in dollars
#REF!
Portion of above payable by HHS on behalf of
insured person, as %
#REF!
Total Incurred claims, payable with issuer funds
#REF!
Net Amt of Rein
#REF!
Net Amt of Risk Adj
#REF!
Incurred Claims PMPM
#REF!
Allowed Claims PMPM
#REF!
EHB portion of Allowed Claims, PMPM
#REF!
ction IV: Projected (12 months following effective date)
Plan ID (Standard Component ID):
Total
Plan Adjusted Index Rate
#REF!
Member Months
#REF!
Total Premium (TP)
#REF!
EHB Percent of TP, [see instructions]
#REF!
state mandated benefits portion of TP that are other
than EHB
#REF!
Other benefits portion of TP
#REF!
Total Allowed Claims (TAC)
#REF!
EHB Percent of TAC, [see instructions]
#REF!
state mandated benefits portion of TAC that are
other than EHB
#REF!
Other benefits portion of TAC
#REF!
Allowed Claims which are not the issuer's obligation
#REF!
Portion of above payable by HHS's funds on
behalf of insured person, in dollars
#REF!
Portion of above payable by HHS on behalf of
insured person, as %
#REF!
Total Incurred claims, payable with issuer funds
#REF!
Net Amt of Rein
#REF!
Net Amt of Risk Adj
#REF!
1
Attachment 3
DEPARTMENT OF HEALTH & HUMAN SERVICES
Centers for Medicare & Medicaid Services
7500 Security Boulevard, Mail Stop C2-21-15
Baltimore, Maryland 21244-1850
Part III Actuarial Memorandum and Certification
Instructions
February 3, 2014
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Actuarial Memorandum and Certification
A Part III Actuarial Memorandum, including a corresponding actuarial certification, must be
submitted with each Part I Unified Rate Review Template. Please see the instructions for
completing the Part I Unified Rate Review Template for circumstances in which the template
must be completed and for which products.
All issuers are required to set the Index Rate for an effective date of January 1 of each year, and
file the Index Rate with the applicable regulatory authority. Subject to state requirements, small
group issuers are allowed to file subsequent submissions that reset the Index Rate for the
remaining quarters of the calendar year.
The purpose of the actuarial memorandum is to provide certain information related to the
submission, including support for the values entered into the Part I Unified Rate Review
Template, which supports compliance with the market rating rules and reasonableness of
applicable rate increases. All assumptions should be adequately justified with supporting data,
where possible, or other rationale for the use of the chosen assumptions.
While these instructions outline the minimum requirements, issuers are encouraged to provide
as much detail and supporting documentation as possible with their original submission to
potentially reduce the amount of time in review. Additional information will be required if,
given the facts and circumstances of the submission, the regulator determines that it is
necessary to properly complete its review of the rate submission.
The actuarial memorandum must also capture appropriate actuarial certifications related to:
• the methodology used to calculate the AV Metal Value for each plan
• the appropriateness of the essential health benefit portion of premium upon which
advanced payment of premium tax credits (APTCs) are based,
• the Index Rate is developed in accordance with federal regulations and the Index Rate
along with allowable modifiers are used in the development of plan specific premium
rates
State specific required information or certifications may also be included at the actuary’s
discretion. If an actuary chooses to exclude this information from the Part III Actuarial
Memorandum, this information would need to be provided to the state regulatory agency,
under separate cover.
In any case where information provided is not broadly applicable to all products and plans
included in the submission, please clearly indicate to which products and plans the information
applies.
ACA & MARKET RATING RULES ‐ ALLOWABLE RATING & PRICING
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Allowable rating methods and factors
• The Single Risk Pool should include ALL (non‐grandfathered) covered persons (lives) an
issuer has in a state, within a market (individual, small group or combined). This
includes transitional products/plans for purposes of base rate experience used to
demonstrate the single risk pool. The projection period should reflect experience of
transitional policies to the extent the issuer anticipates the members in those policies
will be enrolled in fully ACA‐compliant plans during the projection period.
• The Index Rate is defined as the EHB portion of projected allowed claims divided by all
projected single risk pool lives. As a result, the Index Rate should be the same value for
ALL non‐grandfathered plans for an issuer in a state and market. This includes claims
and enrollment in transitional products/plans in the experience period and to the extent
an issuer anticipates the members in those policies will be enrolled in fully ACA‐
compliant plans during the projection period. Note that if an issuer opted to continue
policies under the President’s transitional memorandum, experience for these policies
should be included in the issuer’s 2013 experience for developing rates for the 2015
year. Appropriate adjustments should be made in Worksheet 1 – Section II of the
Unified Rate Review Template to bring these policies in line with all requirements of
non‐grandfathered policies projected in the Single Risk Pool in 2015. For example, in the
projection period, include projected experience and membership at the point when
these products become ACA‐compliant and membership renews to the ACA‐compliant
plan, or at a point when the members in these plans move to an ACA‐compliant plan, if
the plans are closed to new membership in 2015.
• The Market Adjusted Index Rate is the Index Rate adjusted for Risk Adjustment,
Reinsurance and Exchange Fees (with impacts and costs spread across the whole risk
pool). As a result, the Market Adjusted Index Rate should be the same value for ALL
non‐grandfathered plans for an issuer in a state and market.
• The Plan Adjusted Index Rate is the Market Adjusted Index Rate further adjusted for
plan specific factors allowed by 45 CFR Part 156.80(d)(2) such as provider network,
utilization management, benefits in addition to Essential Health Benefits (EHBs),
actuarial value and cost sharing, distribution and administrative costs (less Exchange
fees) and catastrophic plan eligibility variation.
• Note, fees and costs are included in the premium and applied at the plan level as part of
the distribution and administrative costs adjustment. The only exception is the
application of the Exchange User fees, which are applied at the market level to the Index
Rate. All other fees must be included in the development of the Plan Adjusted Index
Rate, prior to the application of member level rating factors, such as age factors. No
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additional fees may be charged outside of the development of the Plan Adjusted Index
Rate. For example, if it costs an issuer $35 to process an application, that cost must be
included in the premium rate development of all policies (new issues and renewals) and
subject to the member level rating factors such as age and geographic region factors.
The issuer may not, in that example, charge a $35 fee per policy for submission of the
application.
• A calibration may be required to allow the rating factors to be directly applied in order
to generate the Consumer Adjusted Premium Rates.
For each allowable rating factor (i.e. age, geography, and tobacco) there is ONLY ONE
calibration allowed. That is, the calibration from the single risk pool to the allowable
rating factors may not vary by plan; it must be a common adjustment for all plans in a
state and market. The only allowable consumer level premium rate modifiers that can
be calibrated are age, geography and tobacco.
The calibration with respect to the age curve is allowed and identifies the value on the
age curve associated with the weighted average age on the standard age curve. The Plan
Adjusted Index Rate and the age curve can then be used to generate the schedule of
premium rates for all ages for each plan. Calibration may be required for the geographic
factors and tobacco factors. More detailed instructions are provided later in this
document regarding the requirements for the calibration.
It is important to note that the calibration process (described above) should ONLY occur
after the Plan Adjusted Index Rate has been determined, not at any point before. The
cost of all benefits (EHB and non‐EHB) and other expenses may not be charged to the
consumer using a flat dollar amount. All components under the plan must be part of the
premium charged. All components of the premium are subject to the consumer level
rating adjustments and therefore all components of the premium should likewise have
the calibration applied to them.
The result of this calibration process should be that the Plan Adjusted Index Rate
calibrated for geography and tobacco (but not age), multiplied by the geographic factor
for a given region should be similar to Premium Rate for that particular plan for a non‐
tobacco user in the given geographic region for the weighted average age (rounded to a
whole number) of the projected single risk pool.
• The Consumer Adjusted Premium Rate is the final premium rate for a plan that is
charged to an individual, family, or small employer group utilizing the rating and
premium adjustments as articulated in the applicable Market Reform Rating Rules. The
Consumer Adjusted Premium Rate is developed by calibrating the Plan Adjusted Index
Rate to the age curve as described above, calibrating for geography and tobacco if
necessary, and applying the allowable rating factors. Allowable rating factors are Age
5
(3:1 standard age curve or state specific age curve), Tobacco, Geography and Family
tiering/structure, unless otherwise prohibited by state law.
Once the Plan Adjusted Index Rate is calibrated to the age curve using the weighted
average age, the entire set of age rates is determined using the standard age factor of
each age relative to the standard age factor for the rounded weighted average age. The
age factors applied must be the standard age curve set by HHS or a state specific age
curve (if the state requires different age factors than the standard federal age curve).
The tobacco factors can be issuer specific but cannot vary by product/plan for an issuer
(i.e. an issuer must use the same tobacco factors across all products/plans within a state
and market).
Geographic rating areas are set specific to each state and all issuers in the state are
required to follow them and may only set one rating factor per rating area per state per
market and that factor is applied to all plans the issuer has in that rating area
uniformly. If an issuer has multiple networks within a given rating area and wants to
develop premiums specific for each network, the issuer must have a separate plan for
each network with the rating area.
Family structure takes into account family composition and the maximum of 3 child
dependents. This is further clarified in regulation that the premium for family coverage
is determined by summing the premiums for each individual family member, provided
at most three child dependents under age 21 are taken into account; this adjustment
does not result in a separate rating factor. Family tiering only occurs in states that use
pure community rating and are uniformly applied to all plans in the risk pool (and
published to the cciio.cms.gov website).
The following graphic depicts the flow of the rate development:
General Information
This section of the actuarial memorandum should include general information about the issuer
and the policies which are the subject of the submission. The information provided in this
section should include at least the following:
Company Identifying Information: State the following information that uniquely identifies the
issuer submitting the memorandum. The information must be the same as the entries in the
general information section of Worksheet 1 of the Part I Unified Rate Review Template (see the
instructions for the Part I Unified Rate Review Template for additional definition of these
fields):
6
• Company Legal Name: the organization’s legal entity name associated with the HIOS
Issuer ID
• State: the state that has regulatory authority over the policies
• HIOS Issuer ID: the HIOS ID assigned to the legal entity
• Market: the market in which the products and plans are offered
• Effective Date: the effective date of the change of the Index Rate
Company Contact Information: Provide the following information detailing how the reviewing
regulator should contact the company in the case additional information is needed.
• Primary Contact Name: Provide the name of the person at the company who will serve
as the primary contact for the submission. The regulator will contact this person if there
are questions related to the information submitted, or if additional information is
needed.
• Primary Contact Telephone Number: Provide the phone number for the primary
contact
• Primary Contact Email Address: Provide the email address for the primary contact
Proposed Rate Increase(s)
In this section the actuary must provide information related to the proposed rate increase(s). If
the proposed rate adjustment varies by product, the information provided should clearly
identify which proposed adjustments apply to which products. Include all products which are
part of the single risk pool, as defined by 45 CFR Part 156, §156.80, including those products for
which no rate adjustment is being proposed. The information that must be provided includes
the following items:
Reason for Rate Increase(s): Provide a narrative description of all significant factors driving a
proposed rate increase. As an example, these factors could include but are not limited to:
• Single risk pool experience which is more adverse than that assumed in the current
rates
• Medical inflation
• Increased utilization
• Prospective changes to benefits covered by the product or successor products
• New taxes and fees imposed on the issuer
7
• Anticipated changes in the average morbidity of the covered population that is market
wide, as opposed to issuer specific morbidity that is reflected in risk adjustment
• Anticipated changes in payments from and contributions to the Federal Transitional
Reinsurance Program
If the requested rate increase is not the same across all products and plans, provide a narrative
discussion as to why the rate changes vary by product or plan given they are based on the same
single risk pool of experience for the market.
Experience Period Premium and Claims
This section of the actuarial memorandum should include information related to the actuary’s
best estimate of premium and claims for the single risk pool during the experience period
reported in Worksheet 1, Section I of the Part I Unified Rate Review Template.
Paid Through Date: Indicate the date through which payments have been made on claims
incurred during the experience period.
Premiums (net of MLR Rebate) in Experience Period: Provide support for how the amount of
premium earned during the experience period, net of MLR rebates to policyholders, was
developed.
• Separately indicate the earned premium prior to MLR rebates and the amount of MLR
rebates refunded (or expected to be refunded) for the market during the experience
period. Earned premium should not be reduced for any reductions prescribed when
calculating the issuer’s MLR, such as taxes and assessments.
• For portions of the experience premium for which the MLR rebate has not been
finalized, a best estimate of the rebates is to be included. Describe the methodology
used to estimate such rebates.
Allowed and Incurred Claims Incurred During the Experience Period: Provide support for the
development of the actuary’s best estimate of allowed and paid claims incurred during the
experience period.
• Worksheet 1, Section I shows the actuary’s best estimate of the amount of claims that
were incurred during the 12‐month experience period. Separately indicate the amount
of claims which were processed through the issuer’s claim system, processed outside of
the issuer’s claims system, and the amount that represents the actuary’s best estimate
of claims incurred but not paid as of the Paid Through Date stated above. This should be
provided separately for Incurred Claims in Experience Period and Allowed Claims, as
defined and reported on Worksheet 1, Section I.
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• Describe the method used for determining Allowed Claims. For example, Allowed Claims
could come directly from an issuer’s claim records or alternatively could be developed
by combining paid claims or capitation payments with member cost sharing.
• Provide support for the estimate of incurred but not paid claims
o Describe the methodology used to develop the estimate of claims incurred but
not paid for both Allowed Claims and Incurred Claims in Experience Period. To
the extent that the methodology or completion factors used to estimate
incurred but not paid claims on an allowed basis differs from the methodology or
completion factors used to estimate incurred claims, describe and support why
they are different.
o Indicate whether the claims used to develop any completion factors reflect the
experience period claims for the information submitted or some alternate claims
set, such as a larger block of the issuer’s experience. If an alternate claims set
was used, please provide support for why it is appropriate.
o If the incurred but not paid claims are unusually high or unusually low relative to
the experience period claims paid as of the Paid Through Date, explain what is
causing them to be unusually high or unusually low (e.g. introduction of a new
claims system, significant employee turnover, etc.)
Benefit Categories
For each of the Benefit Categories in Worksheet 1, Section II, describe the methodology used to
determine which category each claim in the experience period falls. For benefit categories
where “Other” was selected as the Utilization Description in the Part I Unified Rate Review
Template, please describe the measurement units that were used.
Projection Factors
This section should include a description of each factor used to project the experience period
allowed claims to the projection period, and supporting information related to the
development of those factors. For each factor, the actuary should include a description of the
source data or assumptions used, why they are appropriate for the single risk pool, and any
applicable adjustments made to the data, such as considerations for issuer specific experience,
industry or internal studies, benefit design and credibility of the source data. At a minimum,
include support for the following factors:
Changes in the Morbidity of the Population Insured: Describe any adjustment factors applied
to the experience period claims to account for anticipated differences in the average morbidity
of the pooled population underlying the experience period and the issuer’s population
anticipated to be insured in the projection period. These adjustments are shown in the “Pop’l
risk Morbidity” column on Worksheet 1, Section II, and are in addition to the anticipated
change in claims cost as a result of changes in the average mix by age and gender of the
9
covered population (which are shown in the “Other” adjustment column). The morbidity of the
population could be impacted by items such as guarantee issue, an individual mandate to
maintain coverage, expansion of Medicaid programs, and the introduction of a Basic Health
Program.
Changes in Benefits: Describe the development of factors used to adjust the experience period
claims to reflect the average benefits that will be covered during the projection period,
including any newly mandated benefits. These changes are reflected in the “Other”
adjustments column on Worksheet 1, Section II. The factors could adjust for items including but
not limited to the following:
• Addition of any benefits that must be covered under the essential health benefit
package
• Any newly mandated benefits required under state law that are not reflected in the
experience period claims
• Adjustment for the removal of benefits covered in the experience period claims that will
not be covered in the projection period
• Anticipated changes in the average utilization of services due to differences in average
cost sharing requirements during the experience period and average cost sharing
requirements in the projection period
Changes in Demographics: Describe the development of factors used to adjust the experience
period claims to reflect differences between the average mix of the population by age, gender,
and region underlying the base period experience and the average mix anticipated to underlie
the projection period. These changes are reflected in the “Other” adjustments column on
Worksheet 1, Section II. Describe and support the age/gender factors underlying the
development of these claims‐based demographic adjustment factors.
Other Adjustments: Describe any other adjustments, in addition to benefits and demographics
which are specifically addressed above, that are reflected in the “Other” adjustments column
on Worksheet 1, Section II. Also describe how these factors were developed.
Trend Factors (cost/utilization): Describe the source claims data used and methodology used
for developing the cost and utilization projection factors, including all adjustments made to the
data. Explain why the adjusted source data is applicable to the single risk pool. Some examples
of such adjustments include but are not limited to the following:
• Normalization for changes in age
• Normalization for benefit changes that occurred during the period (Even if allowed
claims are used to project trend a normalization adjustment may be warranted to
account for the influence that changes in benefits have on utilization.)
10
• Adjustments for seasonality patterns underlying the claims that may skew calculated
trends
• Normalization for any one‐time events which are not anticipated to reoccur during the
projection period
• Adjustments for anticipated changes in provider contracts that differ from those
underlying the experience used
• For prescription drugs, any adjustments made to account for changes in the formulary,
expiration of patents, or introduction of new drugs
Credibility Manual Rate Development
For issuers with experience period claims that are not determined to be fully credible, the use
of other credible claims experience must be employed in developing a credibility manual rate
for blending with the experience period claims. The actuary must provide information related
to the other experience and general methodology used in developing the manual rate.
Source and Appropriateness of Experience Data Used: Describe the source data used to
develop the manual rate and why such data is appropriate. Sources considered reasonable for
developing manual rates include but are not limited to:
• Multiple years of experience for the market for which rates are being submitted
• The issuer’s experience for similar policies nationwide, including rationale for
inclusion/exclusion of various blocks of business
• A manual rate developed by a consultant with appropriate supporting documentation as
to the underlying source data for development of the manual rate
Adjustments Made to the Data: The experience upon which the manual rate is based must be
adjusted to be reflective of the population, region, provider network, and benefits anticipated
under the policies for which rate increases are being submitted. Describe all adjustments made
to the data underlying the development of the manual rate to account for differences in
demographics, benefits and morbidity/risk to ensure that that resulting manual rate is
appropriate for blending with the adjusted experience period claims.
Inclusion of Capitation Payments: If some of the services in the projection period will be
provided under a capitation arrangement, specifically describe how these payments were
accounted for in the development of the credibility manual.
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Credibility of Experience
In this section issuers must provide support for the credibility level assigned to their base
period experience, with the complement being applied to a credibility manual. The requested
information will include items such as:
• Description of the Credibility Methodology Used
• Resulting Credibility Level Assigned to Base Period Experience when applying the
proposed credibility methodology.
When the base period experience is partially credible and included in experience used to develop
the manual rate, the actuary must consider the extent to which the manual rate development
double counts the base period experience. If the proposed manual rate lacks sufficient
independence from the base period experience, the credibility percentage in the template should
be adjusted such that the experience is assigned the appropriate credibility (based on the issuer’s
credibility formula), taking into consideration the proportion of the manual experience that is from
the subject base experience. In this case additional documentation should be included in the
actuarial memorandum to demonstrate that the credibility factor applied in the template is
consistent with the issuer’s credibility formula.
When determining credibility, the actuary should consider Actuarial Standard of Practice #25,
“Credibility Procedures Applicable to Accident and Health, Group Term Life, and
Property/Casualty Coverages.”
Paid to Allowed Ratio
Provide support for the Paid to Allowed Average Factor in Projection Period for the market,
shown in Worksheet 1, Section III. Demonstrate that the ratio is consistent with membership
projections by plan included in Worksheet 2. The ratio for each plan should be relatively
consistent with the metallic actuarial value for the plan to which the actuary is attesting,
however it is recognized that they may not be exactly the same due to differences between the
issuer’s experience and the experience underlying the AV Calculator.
Risk Adjustment and Reinsurance
This section includes information related to the experience and methodology used to estimate
risk transfer payments and charges, and reinsurance amounts that are incorporated in
Worksheet 1, Section III and Worksheet 2, Sections III (if applicable) and IV.
Projected Risk Adjustments PMPM:
Under the single risk pool pricing requirements issuers are required to make a market wide
adjustment to the pooled market level Index Rate to account for federal risk adjustment and
reinsurance payments. Consistent with this adjustment, anticipated risk adjustment revenue
must be allocated proportionally based on plan premiums for all plans within a risk pool by
12
applying the risk adjustment transfer adjustment factor as a constant multiplicative factor
across all plans. The risk adjustment transfer amount should be net of the risk adjustment fees.
In the Part III Actuarial Memorandum issuers must explain how they developed their estimated
risk adjustment revenue for all of the plans in the risk pool. Issuers are expected to explain all of
their market and plan level assumptions related to the inputs of the HHS payment transfer
formula (or alternative state payment transfer formula, if applicable). In other words, issuers
must explain their assumptions related to plan and market level risk scores and other relevant
cost factor adjustments that are used to calculate payment transfers under the risk adjustment
program. Issuers should explain any potential outlier assumptions that have a significant impact
on transfers. Issuers may elect to provide supplemental exhibits detailing their plan level
transfer calculations in order to demonstrate that their transfer estimates appropriately track
with the HHS payment transfer formula.
Issuers must also explain how anticipated risk adjustment transfer revenue was allocated to
plan premiums in the risk pool (as noted above transfers must be allocated proportionally
based on plan premium). Issuers should describe the overall impact of risk adjustment transfers
on premiums.
Projected ACA Reinsurance Recoveries Net of Reinsurance Premium (Individual Market and
Combined Markets Only):
Under the single risk pool pricing requirements issuers are required to make a market wide
adjustment to the pooled market level Index Rate to account for federal risk adjustment and
reinsurance payments. Consistent with this adjustment, anticipated reinsurance revenue must
be allocated proportionally based on plan premiums for all plans within a risk pool by applying
the reinsurance adjustment factor as a constant multiplicative factor across all plans.
The Part I Unified Rate Review template requires issuers to report reinsurance payments net of
reinsurance contributions. Issuers must describe the underlying experience data and
assumptions that they used to develop their estimates of both reinsurance contributions and
payments. In particular, issuers should provide an explanation of how they developed an
estimate of their claims liability between the reinsurance attachment point and cap. Issuers
should describe any key aspects of their enrolled population that significantly impacted their
claims assumptions.
Issuers must also describe how they allocated their anticipated reinsurance payments net of
reinsurance contributions across the plans in their risk pool (as noted above reinsurance
revenue should be allocated proportionally based on premium). Issuers may provide
supplemental exhibits that demonstrate how they estimated plan level reinsurance payments
in order to demonstrate that they appropriately track with the Federal methodology for
calculating reinsurance payments.
As only non‐grandfathered policies in the individual market are eligible for payments under the
transitional reinsurance program, in a combined market, the pooled reinsurance adjustment
should be based only on the portion of the issuer’s combined market business eligible for
13
reinsurance payments. Further, the transitional reinsurance program does not apply to policies
renewed under the special transition policy.
State the assumed amount of the assessment as a PMPM amount.
Non‐Benefit Expenses and Profit & Risk
Administrative Expense Load: Provide support for all expenses that do not reflect payments
made to providers under the contract for covered medical services. Describe the methodology
used for developing the estimate of these non‐benefit expenses expected during the projection
period for the applicable market, including any allocation of corporate overhead. Discuss how
the percentage load varies by product or plan, if applicable. Describe the source data that was
used as a basis for the projections and why that data is appropriate.
For reporting purposes, the Administrative Expense Load should not include the Profit & Risk
Load or the Taxes & Fees load, both described below, even though they are considered
administrative expenses for the purposes of adjusting the Index Rate to arrive at premium in
the pricing process.
It is suggested that the issuer maintain documentation of the expense allocation methodology,
including expenses identified by function and whether they are fixed or variable, so that it can
be made readily available to the regulator upon request.
Profit (or Contribution to Surplus) & Risk Margin: Describe the target underwriting gain/loss
margin, and any additional risk margin. To the extent that the target as a percent of premium
has changed from the prior submission, provide additional support for why the change is
warranted. Discuss how the percentage load varies by product or plan, if applicable.
Note that for pricing purposes, Profit & Risk Load is considered part of administrative expenses,
per 45 CFR Part 156, §156.80(d). It is described separately in the actuarial memorandum to
facilitate rate review.
Taxes and Fees: Describe each tax and/or fee and indicate the amount for each, either as a
percent of premium or a per member per month amount. Describe only the taxes and fees that
may be subtracted from premiums for purposes of calculating MLR. However, do not include
any contributions to the Federal transitional reinsurance program or risk adjustment user fees
in this amount despite their treatment in MLR calculations, since Federal reinsurance and risk
adjustment are expressed in the template net of reinsurance premium and risk adjustment user
fees. Any additional taxes and fees should be reflected in the Administrative Expense Load.
Note that for pricing purposes, Taxes & Fees (including Exchange user fees) are considered part
of administrative expenses, per 45 CFR Part 156, §156.80(d). It is described separately in the
actuarial memorandum to facilitate rate review.
Exchange user fees should be included in the template in Taxes and Fees. The issuer should
provide a narrative verifying the exchange user fees are applied as an adjustment to the Index
14
Rate at the market level. A description of the process the issuer used to calculate the
adjustment should be included. The value should reflect the expected mix of exchange and
non‐exchange enrollees.
Projected Loss Ratio
Indicate the projected loss ratio using the Federally prescribed MLR methodology. If the
projected loss ratio is less than 80%, explain your plan to comply with the Federal MLR
requirement found in PHSA 2718.
If the state requires a projected loss ratio demonstration, then such a demonstration should
also be included.
Single Risk Pool
The issuer is required to provide support that the Single Risk Pool for in a particular state and
market is established according to the requirements in 45 CFR part 156, §156.80(d). The Single
Risk Pool reflects all covered lives for every non‐grandfathered product/plan combination for
an issuer in a state and market. The Single Risk Pool is specific to the legal entity for the state
and market for which it is submitted.
The Single Risk Pool should include transitional products/plans for purposes of base rate
experience used to demonstrate the single risk pool. The projection period should reflect
experience of transitional policies to the extent the issuer anticipates the members in those
policies will be enrolled in fully ACA‐compliant plans during the projection period.
Index Rate
The issuer is required to provide support for the development of the Index Rate in both the
experience period and the projection period. The Index Rate is specific to the legal entity for the
state and market for which it is submitted. The Index Rate represents the estimated total
combined allowed claims experience PMPM in the Single Risk Pool, and should not be adjusted
for payments and charges under the risk adjustment and reinsurance programs, or for Exchange
user fees.
The Index Rate is to be developed following the specifications of 45 CFR part 156.80(d)(1). The
Index Rate is based on the total combined claim costs for providing the EHBs for the Single Risk
Pool of that state market. The Index Rate is derived by dividing the total combined EHB allowed
claims for the Single Risk Pool by all covered lives in the Single Risk Pool of that state market.
Issuers must establish a single Index Rate for all product/plan combinations in the Single Risk
Pool.
Issuers are required to provide detailed documentation of the development of the Index Rate in
the Actuarial Memorandum.
15
Describe the difference between the total allowed claims PMPM and the Index Rate. For
example, describe any covered benefits in excess of essential health benefits that are included
in allowed claims but excluded from the Index Rate.
For Part I Unified Rate Review Template submissions with an Experience Period Start Date of
January 1, 2014 or later, it is expected that the Index Rate of the Experience Period reported in
Worksheet 1 be consistent with the Experience Period Allowed Claims PMPM. While these two
amounts may not be identical due to the inclusion of non‐EHB services in the Experience Period
Allowed Claims PMPM, which would not be included in the Index Rate of the Experience Period,
it is anticipated that these amounts would be developed on a consistent basis.
For Part I Unified Rate Review Template submissions with an Experience Period Start Date prior
to January 1, 2014, provide the methodology used to develop the reported Index Rate of
Experience Period. Describe how claims for benefits which were covered during the experience
period but are not essential health benefits were identified and removed.
If the submission is for the individual or combined market, the Index Rate for Projection Period
should reflect the twelve month projection period shown on Worksheet 1, Section II. If the
submission is for the small group market and includes prospective trend adjustments (only if
permitted by the state), then the Index Rate for Projection Period should reflect the member
weighted average of the projected Index Rates applicable for each effective date in the
submission. Show the projected trended Index Rate for each effective date in the submission.
The projected Index Rate must reflect the anticipated claim level of the projection period with
respect to trend, benefit and demographics. It must reflect the experience of all policies
expected to be in the single risk pool (with all necessary adjustments to reflect the benefits,
market rules, etc. applicable to policies upon issue or renewal during the projection period). For
transitional policies, the issuer should include those policies anticipated to be enrolled in a fully
ACA‐compliant during the projection period at a point when the members in these plans move
to an ACA‐compliant plan. If an issuer wants the renewal rates to increase with trend in the
small group market as allowed by the state regulatory authority, the issuer may file the quarterly
trend amounts for the twelve month period at one time. The quarterly trend factors applied to
the issuer’s rates should be included in the Part III Actuarial Memorandum. The Appendix to the
Instructions for the Part I Unified Rate Review Template provides further guidance.
The Index Rate may only change at uniform intervals. All issuers are required to set the Index
Rate for an effective date of January 1 of each year, and file the Index Rate with the applicable
regulatory authority. Subject to state requirements, small group issuers are allowed to file
subsequent submissions that reset the Index Rate for the remaining quarters of the calendar
year.
For individual and combined market exchanges this will be annually. It is anticipated that
Issuers in the small group market will be able to file for quarterly Index Rate changes starting
with the third quarter of 2014.
16
While rate adjustments for the small group market may be filed on a quarterly basis (if
permitted by the state), these interim filings could include adjustments for other items, such as
new products, more recent experience period claims, etc. However, the rate development for
these interim filings must be based on the single risk pool. For example, take an issuer with two
cohorts of small employers that files on an interim quarterly basis. The small employers with
young enrollees renew in January, while the small employers with older enrollees renew in
April. The issuer’s Index Rate in the applicable submissions would be derived as follows
(assuming the same experience period is used for the two submissions with no projected
changes to the population between the experience period and the projection period):
January effective date
April effective date
Total Single Risk Pool
Member Months
(2012)
1000
1000
2000
Base Allowed Claims
(2012) PMPM
$250
$400
$325
Months of Trend
24
27
Annual Trend Rate
5%
5%
Single Risk Pool
Projected Allowed
Claims
(=$325*(1+Annual
Trend)^(Months of
Trend/12))
$358.31
$362.71
Index Rate
$358.31
$362.71
As shown in the table above, the projected Index Rate is based on the weighted average claims,
benefit mix, demographic mix, etc. of the entire single risk pool, even if it is only submitted to
be effective for a portion of the single risk pool (e.g., one quarter of renewals).
As described above, small group issuers may have the ability to file Part I Unified Rate Review
Templates subsequent to the annual filing that resets the Index Rate for the remaininq quarters
of the calendar year. However, the change in the Index Rate is only allowed to occur for the
remainder of the calendar year and subsequent submission is required at the beginning of the
next calendar year.
For example, if a small group issuer submits the Part I Unified Rate Review Template for
January 1, they may submit a subsequent Part I Unified Rate Review Template that
resets the Index Rate effective July 1 of that same year. The Part I Unified Rate Review
Template effective July 1 in this example is only allowed to contain a trend increase for
17
October 1 of that same year. Quarters after October 1 would be included in the next
annual submission effective January 1 of the next calendar year.
Market Adjusted Index Rate
Issuers are required to include the Market Adjusted Index Rate.
The Market Adjusted Index rate is calculated as the Index Rate adjusted for all allowable
market‐wide modifiers defined in the market rating rules, 45 CFR Part 156, §156.80(d)(1). The
following market‐wide adjustments to the Index Rate are allowable under these rules:
• Federal reinsurance program adjustment (market‐wide adjustment)
• Risk adjustment (market‐wide adjustment)
• Exchange user fee adjustment (market‐wide adjustment)
The issuer is required to provide an explanation of how these modifiers are developed and
applied to the Index Rate to develop the Market Adjusted Index Rate. Similar to the Index Rate,
the Market Adjusted Index Rate reflects the average demographic characteristics of the single
risk pool. In other words, the Market Adjusted Index Rate is not calibrated.
However, the Market Adjusted Index Rate is not included in the Part I Unified Rate Review
Template in 2015.
Plan Adjusted Index Rates
The Plan Adjusted Index Rates are included in Worksheet 2, Section IV of the Part I Unified Rate
Review Template in 2015.
The Plan Adjusted Index Rate is calculated as the issuer Market Adjusted Index Rate adjusted
for all allowable plan level modifiers defined in the market rating rules, 45 CFR Part 156,
§156.80(d)(2). The following adjustments are allowable under these rules:
• Actuarial value and cost sharing adjustment (plan adjustment)
• Provider network, delivery system and utilization management adjustment (plan
adjustment)
• Adjustment for benefits in addition to the EHBs (plan adjustment)
18
• Impact of specific eligibility categories for the catastrophic plan (plan
adjustment)
• Adjustment for distribution and administrative costs (plan adjustment)
The issuer is required to provide an explanation of how these modifiers are developed and
applied to the Market Adjusted Index Rate to derive the Plan Adjusted Index Rate. Note, fees
and costs are included in the premium and applied at the plan level as part of the distribution
and administrative costs adjustment. The only exception is the application of the Exchange User
fees, which are applied at the market level to the Index Rate. All other fees must be included in
the development of the Plan Adjusted Index Rate, prior to the application of member level rating
factors, such as age factors. No additional fees may be charged outside of the development of
the Plan Adjusted Index Rate. For example, if it costs an issuer $35 to process
an application, that cost must be included in the premium rate development of all policies (new
issues and renewals) and subject to the member level rating factors such as age and geographic
region factors. The issuer may not, in that example, charge a $35 fee per policy for submission of
the application.
Specifically for the catastrophic plan rate, describe the methodology used to estimate the
adjustment reflecting differences in anticipated demographics and morbidity of the
catastrophic population as compared to the single risk pool.
Similar to the Index Rate and Market Adjusted Index Rate, the Plan Adjusted Index Rates reflect
the average demographic characteristics of the single risk pool. In other words, the Plan
Adjusted Index Rate is not calibrated.
Calibration
Issuers may need to calibrate the Plan Adjusted Index Rates (which are based on the single risk
pool) to apply the allowable rating factors (i.e. age, geography, and tobacco) in order to
calculate Consumer Adjusted Premium Rates. The calibration for each allowable rating factor is
described below. It is important to note that there is ONLY ONE calibration value which is
applied to all Plan Adjusted Index Rates. That is, the calibration may not vary by plan; it must be
a common value to all plans in a state and market. Each calibration should be performed using
a unique weighting; i.e., the geographic weighting will differ from the age weighting for
determining the calibration factor. Once the calibration factor is determined it must be applied
uniformly to all plans in a market and state.
Age Curve Calibration
Issuers must provide the approximate weighted average age, rounded to a whole number,
associated with the projected single risk pool in the Actuarial Memorandum.
19
Issuers must provide a detailed explanation of the methodology used in the calibration to the
age curve. Specifically, issuers should describe the factors used in the determination of the risk
pool weighted average age, a description of data used to weight the factors and a description of
the exact calculation. Issuers will need to provide actuarial justification that the methodology
employed in the calculation of the average age and the calibration to the age curve complies
with the standard age curve methodology and that it conforms with the rating rules specified in
45 CFR 147.102.
A demonstration of how the the Plan Adjusted Index Rate and the age curve are used to
generate the schedule of premium rates for each plan should be included in the Actuarial
Memorandum. Note, the age curve calibration adjustment is not plan specific. In other words,
the same age curve calibration must be applied to all plans in the projected single risk pool.
Geographic Factor Calibration
The issuer is required to include a listing of all geographic rating factors applied to the Plan
Adjusted Index Rate in the Actuarial Memorandum.
The issuer must provide the geographic factor calibration that is applied to the projected single
risk pool if one is necessary. For example, if the weighted average of the geographic factors
does not equal 1.0, calibration may be required.
A detailed description of the development of the geographic rating factors and a demonstration
of how these factors are applied to the Plan Adjusted Index Rate is to be included in the
Actuarial Memorandum. For example, if the weighted average of the geographic factors does
not equal 1.0, the calibration adjustment that is applied should be included in the Actuarial
Memorandum along with documentation of the calculation of the calibration adjustment. Note,
the geographic calibration adjustment is not plan specific. In other words, the same geographic
calibration would be applied to all plans in the projected single risk pool. If an issuer has
multiple networks within a given rating area and wants to develop premiums specific for each
network, the issuer must have a separate plan for each network with the rating area.
Tobacco Calibration
The issuer is required to include a listing of all tobacco rating factors applied to the Plan
Adjusted Index Rate in the Actuarial Memorandum.
If the issuer uses tobacco factors, as allowed, the issuer must provide the tobacco calibration
that is applied to the projected single risk pool.
A detailed description of the development of the tobacco rating factors and a demonstration of
how these factors are applied to the Plan Adjusted Index Rate should be included in the
Actuarial Memorandum. Note, the tobacco calibration adjustment is not plan specific. In other
20
words, the same tobacco calibration would be applied to all plans in the projected single risk
pool.
The calibration adjustments are to be applied uniformly to all plans; plan specific calibration
is not allowed.
Calibration adjustments are not found in the Part I Unified Rate Review Template in 2015.
Once the Plan Adjusted Index Rate is calibrated to the age curve using the weighted average
age, the entire set of age rates is determined using the standard age factor of each age relative
to the standard age factor for the rounded weighted average age. The age factors must be the
standard age curve set by HHS or a state specific age curve (if the state requires different age
factors than the standard federal age curve).
Issuers that calibrate the Plan Adjusted Index Rate as described in the previous section must
calibrate the plans to in the Single Risk Pool consistently; in other words the calibration cannot
vary by plan.
Issuers must apply these consumer level adjustments as described in §147.102 uniformly to all
plans in the Single Risk Pool; these adjustments cannot vary by plan.
Consumer Adjusted Premium Rate Development
The Consumer Adjusted Premium Rate is the final premium rate for a plan that is charged to an
individual, family, or small employer group utilizing the rating and premium adjustments as
articulated in the applicable Market Reform Rating Rules. The Consumer Adjusted Premium
Rate is developed by calibrating the Plan Adjusted Index Rate to the age curve as described
above, calibrating for geography and tobacco if necessary, and applying the rating factors
specified by 45 CFR Part 147, §147.102. The following adjustments are allowable under this
rule:
• Whether the plan coverage covers an individual or family (issuers must cover any
eligible individual and/or eligible family that requests coverage per the
guaranteed issue requirement of the ACA); this is further clarified in regulation
that the premium for family coverage is determined by summing the premiums
for each individual family member, provided at most three child dependents
under age 21 are taken into account; this adjustment does not result in a
separate rating factor
• Rating area
• Age – reflecting the applicable age curve
• Tobacco status
21
The Actuarial Memorandum should describe how each allowable consumer level adjustment is
applied to the Plan Adjusted Index Rate so that the reviewing actuary can readily use the
information to approximate Consumer Adjusted Premium Rates filed by the issuer.
The Consumer Adjusted Premium Rates are not included in the Part I Unified Rate Review
Template in 2015.
Small Group Plan Premium Rates
If an issuer files small group rates with trend, the Index Rate, the Market Adjusted Index Rate
and the Plan Adjusted Index Rate reflect the member weighted average premium over the
calendar year (see example in the Appendix of the instructions to the Part I Unified Rate Review
Template). As such, in the development of the Consumer Adjusted Premium Rates for small
group plans in this case, the Plan Adjusted Index Rate must be adjusted to reflect the
appropriate quarter when the consumer level modifiers are applied. Issuers should provide the
trend factors that apply to the weighted average Plan Adjusted Index Rates to develop the rates
for each effective date included in the submission.
AV Metal Values
The issuer must describe whether the AV Metal Values included in Worksheet 2 of the Part I
Unified Rate Review Template were entirely based on the AV Calculator, or whether an
acceptable alternative methodology was used to generate the AV Metal Value of one or more
plans. If an alternate methodology was employed to develop the AV Metal Value(s), the actuary
must provide a copy of the actuarial certification required by 45 CFR Part 156, §156.135. The
certification must be signed by a member of the American Academy of Actuaries, and must
indicate that the values were developed in accordance with generally accepted actuarial
principles and methodologies.
The actuary must indicate the reason an alternate methodology was used, explain why the
benefits for those plans for which an acceptable alternative methodology was used are not
compatible with the AV Calculator, and state the chosen alternate methodology that was used
for each applicable plan. The actuary must describe the process that was used to develop the
AV Metal Value.
Actuaries are encouraged to refer to applicable practice note(s) for guidance on alternate
methods of calculating actuarial value.
AV Pricing Values
For each plan, indicate the portion of the AV Pricing Value that is attributable to each of the
allowable modifiers to the Index Rate, as described in 45 CFR Part 156, §156.80(d)(2). If the
adjustment for plan cost‐sharing includes any expected differences in utilization due to these
differences in cost sharing, describe in detail how the difference was estimated and how the
methodology ensures that differences due to health status are not included in the adjustment.
22
Membership Projections
Describe how the membership projections found in Worksheet 2 of the Part I Unified Rate
Review Template were developed. Items impacting these projections could include but are not
limited to changes in the size of the market due to introduction of guarantee issue
requirements (individual market), the individual mandate, expansion of Medicaid, and the
introduction of a Basic Health Program.
Describe any differences between the distribution of projected member months relative to the
current membership distribution.
For Silver level plans in the individual or combined markets, describe the methodology used to
estimate the portion of projected enrollment that will be eligible for cost sharing reduction
subsidies at each subsidy level. State the resulting projected enrollment by plan and subsidy
level.
Terminated Products
List the name of each product that will be terminated prior to the effective date. Include both
products that have experience included in the single risk pool during the experience period and
any products that were not in effect during the experience but were made available thereafter.
Plan Type
In the event that the plan types listed in the drop‐down box in Worksheet 2, Section I of the
Part I Unified Rate Review Template do not describe an issuer’s plan exactly and the issuer has
selected the closest plan available, per the instructions, please describe the differences
between the issuer’s plan and the plan type selected.
Warning Alerts
Describe any difference between the sum of the plan level projections in Worksheet 2 and the
total projected amounts found on Worksheet 1. These differences are indicated by Warning
Alerts in Worksheet 2.
Effective Rate Review Information (optional)
45 CFR Part 154 §154.301 describes the elements of an effective rate review program. There
are elements of an effective rate review for which the data needed to perform the review is not
explicitly shown on the Part I Unified Rate Review Template, e.g., the health insurance issuer’s
capital and surplus. Issuers may optionally provide additional information to facilitate an
effective review of the submitted rate increase(s). While this information is optional, it is noted
that providing the information with the initial submission reduces the likelihood of the reviewer
requesting supplemental information during the course of the rate review. In addition, states
may have additional data requirements. Additional state‐required data may be submitted with
the submission, or it may be provided to the state separately.
23
Reliance
If, in preparing the Part I Unified Rate Review Template submission, the certifying actuary relied
on any information or underlying assumptions provided by another individual, the information
relied upon and the name of the individual providing that information may be disclosed.
Actuarial Certification
An actuarial certification must be provided for the following:
• the methodology used to calculate the AV Metal Value for each plan,
• the appropriateness of the essential health benefit portion of premium upon which
advanced payment of premium tax credits (APTCs) are based, and
• the Index Rate is developed in accordance with federal regulations and the Index Rate
along with allowable modifiers are used in the development of plan specific premium
rates.
State specific required information or certifications may also be included at the actuary’s
discretion. If an actuary chooses to exclude this information from the Part III Actuarial
Memorandum, this information would need to be provided to the state regulatory agency
under separate cover.
The opining actuary must be a member of the American Academy of Actuaries, in good
standing, and have the education and experience necessary to perform the work. The actuary
must develop rates in accordance with the appropriate Actuarial Standards of Practice (ASOPs)
and the profession’s Code of Professional Conduct. While other ASOPs apply, particular
emphasis is placed on the following:
• ASOP No. 5, Incurred Health and Disability Claims
• ASOP No. 8, Regulatory Filings for Health Plan Entities
• ASOP No. 12, Risk Classification
• ASOP No. 23, Data Quality
• ASOP No. 25, Credibility Procedures Applicable to Accident and Health, Group Term Life,
and Property/Casualty Coverages
• ASOP No. 26, Compliance with Statutory and Regulatory Requirements for the Actuarial
Certification of Small Employer Health Benefit Plans
• ASOP No. 41, Actuarial Communications
At a minimum, the actuarial certification must include the following:
1. Identification of the certifying actuary and a statement that he/she is a member of the
American Academy of Actuaries
24
2. A certification that the projected Index Rate is:
a. In compliance with all applicable State and Federal Statutes and Regulations (45
CFR 156.80(d)(1)),
b. Developed in compliance with the applicable Actuarial Standards of Practice
c. Reasonable in relation to the benefits provided and the population anticipated
to be covered
d. Neither excessive nor deficient
3. A certification that the Index Rate and only the allowable modifiers as described in 45
CFR 156.80(d)(1) and 45 CFR 156.80(d)(2) were used to generate plan level rates.
4. A certification that the percent of total premium that represents essential health
benefits included in Worksheet 2, Sections III and IV were calculated in accordance with
actuarial standards of practice.
5. A certification stating that the AV Calculator was used to determine the AV Metal Values
shown in Worksheet 2 of the Part I Unified Rate Review Template for all plans except
those specified in the certification. If an alternate methodology was used to calculate
the AV Metal Value for at least one plan offered, a copy of the actuarial certification
required by 45 CFR Part 156, §156.135 must be included. The certification must be
signed by a member of the American Academy of Actuaries, and must indicate that the
values were developed in accordance with generally accepted actuarial principles and
methodologies.
For purposes of rate review, also include the reason an alternate methodology was
used, and the chosen alternate methodology that was used for each applicable plan.
Describe the process that was used to develop the AV metal value.
The actuary may qualify the opinion, if desired, to state that the Part I Unified Rate Review
Template does not demonstrate the process used by the issuer to develop the rates. Rather it
represents information required by Federal regulation to be provided in support of the review
of rate increases, for certification of qualified health plans for Federally facilitated exchanges
and for certification that the Index Rate is developed in accordance with Federal regulation and
used consistently and only adjusted by the allowable modifiers.
Attachment 4
Benefits Map
INSTRUCTIONS AND NOTES ON BENEFIT DOCUMENTATION
1
The purpose of the Benefits Map is to codify the principal elements that define each benefit package offered by the carrier
to the Small Group and Individual markets. In most cases, cells have been limited to a pre‐determined drop‐down menu of
selected values to promote uniformity among plan descriptions.
If more than three plans are offered please add additional tabs
2
The term Cost‐Sharing applies to the mechanism by which member out‐of‐pocket contribution is determined, according
to the type of service being rendered. Basic cost‐sharing can be in the form of copayments (i.e. fixed dollar amounts),
coinsurance (i.e. a fixed percentage of the cost of services), or front‐end deductibles where the member covers 100% of
the cost of services up to the defined deductible amount, after which point plan coverage begins. More complex cost‐
sharing can be in the form of mixed coinsurance and copayments, where minimum and maximum dollar amounts are in
place around a base coinsurance amount (e.g. 20% coinsurance with a minimum $15 copayment, or 25% coinsurance with
a maximum copayment amount of $300).
3
In some plan designs, reduced cost‐sharing is available in the medical coverage if certain preferred facilities are utilized.
If this is the case, indicate so by selecting 'Y' (yes) under the column 'Preferred Facility Y or N ' for the specified service
category, and then enter the reduced cost‐share ($ or %) in the 'Preferred Facility Copay ' column beside the 'Y.'
4
For purposes of the Benefits Map, in order to indicate that a certain benefit is NOT COVERED, or that the member is in a
Deductible Phase (as in the case of Rx Coverage with a front‐end deductible), the Member Cost‐Share should reflect
COINSURANCE of 100% (i.e. the member pays 100% of the cost).
5
Some plan designs may contain a feature, such as a Major Medical rider, which allows the member to submit for reimburse‐
ment amounts paid for services rendered by non‐participating providers. Some of these riders limit reimbursement to
services rendered in Puerto Rico while others include services rendered in the United States. The Benefits Map allows
plans to indicate whether they include such a rider, whether or not they cover U.S. services, and whether those services
require prior authorization. Typically these riders carry an annual front‐end deductible per individual (with a maximum
deductible per family covered), followed by cost‐sharing based on a defined member coinsurance amount. Often these
riders contain a provision which caps member cost‐sharing to an annual Out‐of‐Pocket Maximum , defined both at the
individual and family contract levels.
6
Plans that cover Dental Services may carry Overall Annual Benefit Limits (General Annual Limits ) and/or specific Category
Lifetime Limits (such as for Orthodontia). Please indicate such limits as they may apply in the Dental Coverage section.
7
In the case of Prescription Drug Coverage, plans should indicate which rule applies to the dispensing of brand drugs which
have a generic bioequivalent substitution (i.e. Multi‐Source Brand Drugs). Select 'Generics Not Mandatory ' if members are
not required to select a generic medication as a first option. Select 'Dispense As Written (D.A.W.)' if the member is required
(via a copay penalty) to select generics as a first option, but where such penalty is waived if the physician indicates "Do Not
Substitute" on the prescription. Select '$ Penalty + Generic Copay' if members are required to select generics as a first option
(regardless of physician indications) or pay a copay penalty (usually the difference in price between the generic and brand
versions), plus the amount of the generic copayment. If instead the amount of the penatly is added to the BRAND copay,
then select '$ Penalty + Brand Copay .'
8
Indicate other features of the Prescription Drug Coverage such as whether Step Therapy and/or Drug Formularies apply, and
whether OTC medications are covered, along with the corresponding copay.
9
Since many prescription drug plan designs offer different levels of coverage at different expenditure levels throughout the
policy year, the Benefits Map provides for up to three (3) different benefit phases in order to codify such plan designs. For
example, a complex plan design may carry a $500 front‐end deductible before benefits kick in, later providing benefits at $5
$5 for generics and $15 for brand drugs up until $2,000 in annual expenditures. After that point, the plan design may only
cover 50% of the cost of brand drugs, while covering generics with a flat copay of $15. The Benefits Map provides the neces‐
sary paramaters to codify this design by indicating 100% coinsurance (no coverage) in Phase I from $0 to $500, indicating $5
Generic and $15 Brand in Phase II from $500 to $2,000, and finally indicating $15 Generic and 50% coinsurance for Brand in
Phase III from $2,000 to $99,999. Note: The limit of $99,999 indicates that the given Rx benefit phase has no limit.
Attachment 4
Benefits Map
UNIFORM PLAN DESIGN TEMPLATE
Drop‐Down Menu Items
Carrier Name:
Incurred Experience Period:
VALUES
DESCRIPTION
NAIC Company Code:
Claims Payment Period:
OCS Contract Name:
Member Months (Incurred Period):
$
Flat Copay Level
Product Name:
Earned Premium:
%
Coinsurance Level
Product Type (PPO, POS, HMO):
Gross (Allowed) Claims (before Cost‐Sharing):
Product Effective Date:
Net Paid Claims (after Member Cost‐Sharing):
Termination or Change Date:
Member Cost‐Share (Gross less Net):
Y
Yes
N
No
Member
Standard
Preferred
Preferred
Rule for Mandatory Generics:
Cost‐Share
Copay /
Facility
Facility
Step Therapy Rule:
$ or %
Coins
Y or N
Copay
Prescription Drug Formulary:
OFFICE VISITS
OTC Coverage:
If so, OTC Copay:
Flat Copay
Copay Only
Generalist Copay:
$
Pure Coins
Coinsurance Only
Specialist Copay:
$
Rx Benefit Phase I
FROM:
$0
TO:
$0
Coins w Min Copay
Coinsurance with a Minimum Copay Amount
Sub‐Specialist Copay:
$
Coins w Min & Max
Coinsurance with Minimum and Maximum Copay Amounts
Chiropractic (first visit):
$
Individual
Family
Chiropractic Manipulation:
$
Per Individual Front‐End Deductible & Max Deductible per Family:
Physical Therapy:
$
Out‐of‐Pocket Maximum (Y or N):
OOP Amounts:
Respiratory Therapy:
$
No Benefit Limit
No Dental Limit
Type of Rx
%
Min
Max
General Annual Limit
Overall Benefit Limit per Year
HOSPITAL / ASC FACILITY
Cost‐Share
Coins
Copay
Copay
Category Annual Limit
Benefit Limit per Dental Category per Year
Full Hospital Admission:
$
$0.00
GENERIC DRUGS
Category Lifetime Limit
Benefit Limit per Dental Category per Lifetime
Partial Hospital Admission:
$
$0.00
Non‐Preferred Generic:
Flat Copay
0%
$0
$0
Ambulatory Surgical Center (ASC):
$
$0.00
Preferred Generic:
Flat Copay
0%
$0
$0
EMERGENCY VISITS
MULTI‐SOURCE BRAND DRUGS
PPO
Preferred Provider Organization (Free Access)
Accident / Trauma
Preferred Multi‐Source Brand:
Coins w Min & Max
0%
$0
$0
POS
Point of Service Plan (PPO/HMO Hybrid)
w/o Nurse Triage Line:
$
$0.00
Non‐Preferred Multi‐Source Brand:
Coins w Min & Max
0%
$0
$0
HMO
Health Mainenance Organization (Managed Care with Gatekeeper)
with Nurse Triage Line:
$
$0.00
Other
Other health care delivery system
Sickness & Other Urgency
SINGLE‐SOURCE BRAND DRUGS
w/o Nurse Triage Line:
$
$0.00
Preferred Single‐Source Brand:
Coins w Min Copay
0%
$0
$100
with Nurse Triage Line:
$
$0.00
Non‐Preferred Single‐Source Brand:
Coins w Min Copay
0%
$0
$100
Specialty/Biotechnological:
Coins w Min & Max
0%
$0
Generics Not Mandatory
Generic Dispense is Optional to the Member
DIAGNOSTIC
Dispense As Written (D.A.W.)
Physician May Indicate 'Do Not Substitute' w/o Penalty to Member
Standard Laboratory:
%
0%
Rx Benefit Phase II
FROM:
TO:
$ Penalty + Generic Copay
Member Pays Difference in Cost (btwn Gen & Brand) plus Generic Copay
X‐Ray:
%
0%
$ Penalty + Brand Copay
Member Pays Difference in Cost (btwn Gen & Brand) plus Brand Copay
MRI:
%
0%
Type of Rx
%
Min
Max
CT Scan:
%
0%
Cost‐Share
Coins
Copay
Copay
PET Scan:
%
0%
GENERIC DRUGS
PET/CT:
%
0%
Non‐Preferred Generic:
Flat Copay
0%
$0
$0
No Rx Formulary
No Prescription Drug Formulary Applies to this Plan
Endoscopic:
%
0%
Preferred Generic:
Flat Copay
0%
$0
$0
Formulary Applies
Prescription Drug Formulary Applies to this Plan
SURGICAL (PROFESSIONAL)
MULTI‐SOURCE BRAND DRUGS
Hospital Setting:
%
0%
Preferred Multi‐Source Brand:
Coins w Min & Max
0%
$0
$0
ASC Setting:
%
0%
Non‐Preferred Multi‐Source Brand:
Coins w Min & Max
0%
$0
$0
No Step Therapy Rule
Step Therapy Not Required
Office Setting:
%
0%
Step Therapy w Waiver
Step Therapy Waived if Utilization Documented in the Last Six (6) Months
SINGLE‐SOURCE BRAND DRUGS
$ Penalty + Gen Copay
No Exceptions to Step Therapy Rule
Does this plan include Major Medical or other Supplemental Coverage?
Preferred Single‐Source Brand:
Coins w Min Copay
0%
$0
$0
If Yes, does the coverage include services rendered in the U.S.?
Non‐Preferred Single‐Source Brand:
Coins w Min Copay
0%
$0
$0
If U.S. services are covered, is pre‐authorization required?
Specialty/Biotechnological:
Coins w Min Copay
0%
$0
$0
Applicable Member Coinsurance:
Rx Benefit Phase III
FROM:
$0
TO:
$0
Individual
Family
Per Individual Front‐End Deductible & Max Deductible per Family:
Type of Rx
%
Min
Max
Out‐of‐Pocket Maximum (Y or N):
OOP Amounts:
Cost‐Share
Coins
Copay
Copay
GENERIC DRUGS
Non‐Preferred Generic:
Flat Copay
0%
$0
$0
Preferred Generic:
Flat Copay
0%
$0
$0
MULTI‐SOURCE BRAND DRUGS
Preferred Multi‐Source Brand:
Coins w Min & Max
0%
$0
$0
Non‐Preferred Multi‐Source Brand:
Coins w Min & Max
0%
$0
$0
SINGLE‐SOURCE BRAND DRUGS
Preferred Single‐Source Brand:
Coins w Min Copay
0%
$0
$0
Non‐Preferred Single‐Source Brand:
Coins w Min Copay
0%
$0
$0
Specialty/Biotechnological:
Coins w Min Copay
0%
$0
$0
List of Optional Benefits Included in the Premium
No Rx Formulary
Generics Not Mandatory
No Step Therapy Rule
Prescription Drug Coverage
General Info
Experience
Medical Coverage
Major Medical
Attachment 4
Benefits Map
UNIFORM PLAN DESIGN TEMPLATE
Drop‐Down Menu Items
Carrier Name:
Incurred Experience Period:
VALUES
DESCRIPTION
NAIC Company Code:
Claims Payment Period:
OCS Contract Name:
Member Months (Incurred Period):
$
Flat Copay Level
Product Name:
Earned Premium:
%
Coinsurance Level
Product Type (PPO, POS, HMO):
Gross (Allowed) Claims (before Cost‐Sharing):
Product Effective Date:
Net Paid Claims (after Member Cost‐Sharing):
Termination or Change Date:
Member Cost‐Share (Gross less Net):
Y
Yes
N
No
Member
Standard
Preferred
Preferred
Rule for Mandatory Generics:
Cost‐Share
Copay /
Facility
Facility
Step Therapy Rule:
$ or %
Coins
Y or N
Copay
Prescription Drug Formulary:
OFFICE VISITS
OTC Coverage:
If so, OTC Copay:
Flat Copay
Copay Only
Generalist Copay:
$
Pure Coins
Coinsurance Only
Specialist Copay:
$
Rx Benefit Phase I
FROM:
$0
TO:
$0
Coins w Min Copay
Coinsurance with a Minimum Copay Amount
Sub‐Specialist Copay:
$
Coins w Min & Max
Coinsurance with Minimum and Maximum Copay Amounts
Chiropractic (first visit):
$
Individual
Family
Chiropractic Manipulation:
$
Per Individual Front‐End Deductible & Max Deductible per Family:
Physical Therapy:
$
Out‐of‐Pocket Maximum (Y or N):
OOP Amounts:
Respiratory Therapy:
$
No Benefit Limit
No Dental Limit
Type of Rx
%
Min
Max
General Annual Limit
Overall Benefit Limit per Year
HOSPITAL / ASC FACILITY
Cost‐Share
Coins
Copay
Copay
Category Annual Limit
Benefit Limit per Dental Category per Year
Full Hospital Admission:
$
$20.00
GENERIC DRUGS
Category Lifetime Limit
Benefit Limit per Dental Category per Lifetime
Partial Hospital Admission:
$
$20.00
Non‐Preferred Generic:
Flat Copay
0%
$0
$0
Ambulatory Surgical Center (ASC):
$
$20.00
Preferred Generic:
Flat Copay
0%
$0
$0
EMERGENCY VISITS
MULTI‐SOURCE BRAND DRUGS
PPO
Preferred Provider Organization (Free Access)
Accident / Trauma
Preferred Multi‐Source Brand:
Coins w Min & Max
0%
$0
$0
POS
Point of Service Plan (PPO/HMO Hybrid)
w/o Nurse Triage Line:
$
$0.00
Non‐Preferred Multi‐Source Brand:
Coins w Min & Max
0%
$0
$0
HMO
Health Mainenance Organization (Managed Care with Gatekeeper)
with Nurse Triage Line:
$
$0.00
Other
Other health care delivery system
Sickness & Other Urgency
SINGLE‐SOURCE BRAND DRUGS
w/o Nurse Triage Line:
$
$0.00
Preferred Single‐Source Brand:
Coins w Min Copay
0%
$0
$100
with Nurse Triage Line:
$
$0.00
Non‐Preferred Single‐Source Brand:
Coins w Min Copay
0%
$0
$100
Specialty/Biotechnological:
Coins w Min & Max
0%
$0
Generics Not Mandatory
Generic Dispense is Optional to the Member
DIAGNOSTIC
Dispense As Written (D.A.W.)
Physician May Indicate 'Do Not Substitute' w/o Penalty to Member
Standard Laboratory:
%
10%
Rx Benefit Phase II
FROM:
TO:
$ Penalty + Generic Copay
Member Pays Difference in Cost (btwn Gen & Brand) plus Generic Copay
X‐Ray:
%
10%
$ Penalty + Brand Copay
Member Pays Difference in Cost (btwn Gen & Brand) plus Brand Copay
MRI:
%
10%
Type of Rx
%
Min
Max
CT Scan:
%
10%
Cost‐Share
Coins
Copay
Copay
PET Scan:
%
10%
GENERIC DRUGS
PET/CT:
%
10%
Non‐Preferred Generic:
Flat Copay
0%
$0
$0
No Rx Formulary
No Prescription Drug Formulary Applies to this Plan
Endoscopic:
%
10%
Preferred Generic:
Flat Copay
0%
$0
$0
Formulary Applies
Prescription Drug Formulary Applies to this Plan
SURGICAL (PROFESSIONAL)
MULTI‐SOURCE BRAND DRUGS
Hospital Setting:
%
0%
Preferred Multi‐Source Brand:
Coins w Min & Max
0%
$0
$0
ASC Setting:
%
0%
Non‐Preferred Multi‐Source Brand:
Coins w Min & Max
0%
$0
$0
No Step Therapy Rule
Step Therapy Not Required
Office Setting:
%
0%
Step Therapy w Waiver
Step Therapy Waived if Utilization Documented in the Last Six (6) Months
SINGLE‐SOURCE BRAND DRUGS
$ Penalty + Gen Copay
No Exceptions to Step Therapy Rule
Does this plan include Major Medical or other Supplemental Coverage?
Preferred Single‐Source Brand:
Coins w Min Copay
0%
$0
$0
If Yes, does the coverage include services rendered in the U.S.?
Non‐Preferred Single‐Source Brand:
Coins w Min Copay
0%
$0
$0
If U.S. services are covered, is pre‐authorization required?
Specialty/Biotechnological:
Coins w Min Copay
0%
$0
$0
Applicable Member Coinsurance:
Rx Benefit Phase III
FROM:
$0
TO:
$0
Individual
Family
Per Individual Front‐End Deductible & Max Deductible per Family:
Type of Rx
%
Min
Max
Out‐of‐Pocket Maximum (Y or N):
OOP Amounts:
Cost‐Share
Coins
Copay
Copay
GENERIC DRUGS
Non‐Preferred Generic:
Flat Copay
0%
$0
$0
Preferred Generic:
Flat Copay
0%
$0
$0
MULTI‐SOURCE BRAND DRUGS
Preferred Multi‐Source Brand:
Coins w Min & Max
0%
$0
$0
Non‐Preferred Multi‐Source Brand:
Coins w Min & Max
0%
$0
$0
SINGLE‐SOURCE BRAND DRUGS
Preferred Single‐Source Brand:
Coins w Min Copay
0%
$0
$0
Non‐Preferred Single‐Source Brand:
Coins w Min Copay
0%
$0
$0
Specialty/Biotechnological:
Coins w Min Copay
0%
$0
$0
Generics Not Mandatory
No Step Therapy Rule
No Rx Formulary
Major Medical
Medical Coverage
Prescription Drug Coverage
List of Optional Benefits Included in the Premium
General Info
Experience
Attachment 4
Benefits Map
UNIFORM PLAN DESIGN TEMPLATE
Drop‐Down Menu Items
Carrier Name:
Incurred Experience Period:
VALUES
DESCRIPTION
NAIC Company Code:
Claims Payment Period:
OCS Contract Name:
Member Months (Incurred Period):
$
Flat Copay Level
Product Name:
Earned Premium:
%
Coinsurance Level
Product Type (PPO, POS, HMO):
Gross (Allowed) Claims (before Cost‐Sharing):
Product Effective Date:
Net Paid Claims (after Member Cost‐Sharing):
Termination or Change Date:
Member Cost‐Share (Gross less Net):
Y
Yes
N
No
Member
Standard
Preferred
Preferred
Rule for Mandatory Generics:
Cost‐Share
Copay /
Facility
Facility
Step Therapy Rule:
$ or %
Coins
Y or N
Copay
Prescription Drug Formulary:
OFFICE VISITS
OTC Coverage:
If so, OTC Copay:
Flat Copay
Copay Only
Generalist Copay:
$
Pure Coins
Coinsurance Only
Specialist Copay:
$
Rx Benefit Phase I
FROM:
$0
TO:
$0
Coins w Min Copay
Coinsurance with a Minimum Copay Amount
Sub‐Specialist Copay:
$
Coins w Min & Max
Coinsurance with Minimum and Maximum Copay Amounts
Chiropractic (first visit):
$
Individual
Family
Chiropractic Manipulation:
$
Per Individual Front‐End Deductible & Max Deductible per Family:
Physical Therapy:
$
Out‐of‐Pocket Maximum (Y or N):
OOP Amounts:
Respiratory Therapy:
$
No Benefit Limit
No Dental Limit
Type of Rx
%
Min
Max
General Annual Limit
Overall Benefit Limit per Year
HOSPITAL / ASC FACILITY
Cost‐Share
Coins
Copay
Copay
Category Annual Limit
Benefit Limit per Dental Category per Year
Full Hospital Admission:
$
$20.00
GENERIC DRUGS
Category Lifetime Limit
Benefit Limit per Dental Category per Lifetime
Partial Hospital Admission:
$
$20.00
Non‐Preferred Generic:
Flat Copay
0%
$0
$0
Ambulatory Surgical Center (ASC):
$
$20.00
Preferred Generic:
Flat Copay
0%
$0
$0
EMERGENCY VISITS
MULTI‐SOURCE BRAND DRUGS
PPO
Preferred Provider Organization (Free Access)
Accident / Trauma
Preferred Multi‐Source Brand:
Coins w Min & Max
0%
$0
$0
POS
Point of Service Plan (PPO/HMO Hybrid)
w/o Nurse Triage Line:
$
$0.00
Non‐Preferred Multi‐Source Brand:
Coins w Min & Max
0%
$0
$0
HMO
Health Mainenance Organization (Managed Care with Gatekeeper)
with Nurse Triage Line:
$
$0.00
Other
Other health care delivery system
Sickness & Other Urgency
SINGLE‐SOURCE BRAND DRUGS
w/o Nurse Triage Line:
$
$0.00
Preferred Single‐Source Brand:
Coins w Min Copay
0%
$0
$100
with Nurse Triage Line:
$
$0.00
Non‐Preferred Single‐Source Brand:
Coins w Min Copay
0%
$0
$100
Specialty/Biotechnological:
Coins w Min & Max
0%
$0
Generics Not Mandatory
Generic Dispense is Optional to the Member
DIAGNOSTIC
Dispense As Written (D.A.W.)
Physician May Indicate 'Do Not Substitute' w/o Penalty to Member
Standard Laboratory:
%
10%
Rx Benefit Phase II
FROM:
TO:
$ Penalty + Generic Copay
Member Pays Difference in Cost (btwn Gen & Brand) plus Generic Copay
X‐Ray:
%
10%
$ Penalty + Brand Copay
Member Pays Difference in Cost (btwn Gen & Brand) plus Brand Copay
MRI:
%
10%
Type of Rx
%
Min
Max
CT Scan:
%
10%
Cost‐Share
Coins
Copay
Copay
PET Scan:
%
10%
GENERIC DRUGS
PET/CT:
%
10%
Non‐Preferred Generic:
Flat Copay
0%
$0
$0
No Rx Formulary
No Prescription Drug Formulary Applies to this Plan
Endoscopic:
%
10%
Preferred Generic:
Flat Copay
0%
$0
$0
Formulary Applies
Prescription Drug Formulary Applies to this Plan
SURGICAL (PROFESSIONAL)
MULTI‐SOURCE BRAND DRUGS
Hospital Setting:
%
0%
Preferred Multi‐Source Brand:
Coins w Min & Max
0%
$0
$0
ASC Setting:
%
0%
Non‐Preferred Multi‐Source Brand:
Coins w Min & Max
0%
$0
$0
No Step Therapy Rule
Step Therapy Not Required
Office Setting:
%
0%
Step Therapy w Waiver
Step Therapy Waived if Utilization Documented in the Last Six (6) Months
SINGLE‐SOURCE BRAND DRUGS
$ Penalty + Gen Copay
No Exceptions to Step Therapy Rule
Does this plan include Major Medical or other Supplemental Coverage?
Preferred Single‐Source Brand:
Coins w Min Copay
0%
$0
$0
If Yes, does the coverage include services rendered in the U.S.?
Non‐Preferred Single‐Source Brand:
Coins w Min Copay
0%
$0
$0
If U.S. services are covered, is pre‐authorization required?
Specialty/Biotechnological:
Coins w Min Copay
0%
$0
$0
Applicable Member Coinsurance:
Rx Benefit Phase III
FROM:
$0
TO:
$0
Individual
Family
Per Individual Front‐End Deductible & Max Deductible per Family:
Type of Rx
%
Min
Max
Out‐of‐Pocket Maximum (Y or N):
OOP Amounts:
Cost‐Share
Coins
Copay
Copay
GENERIC DRUGS
Non‐Preferred Generic:
Flat Copay
0%
$0
$0
Preferred Generic:
Flat Copay
0%
$0
$0
MULTI‐SOURCE BRAND DRUGS
Preferred Multi‐Source Brand:
Coins w Min & Max
0%
$0
$0
Non‐Preferred Multi‐Source Brand:
Coins w Min & Max
0%
$0
$0
SINGLE‐SOURCE BRAND DRUGS
Preferred Single‐Source Brand:
Coins w Min Copay
0%
$0
$0
Non‐Preferred Single‐Source Brand:
Coins w Min Copay
0%
$0
$0
Specialty/Biotechnological:
Coins w Min Copay
0%
$0
$0
Generics Not Mandatory
No Step Therapy Rule
No Rx Formulary
Major Medical
Medical Coverage
Prescription Drug Coverage
List of Optional Benefits Included in the Premium
General Info
Experience
Attachment 4
Plan Cost Summary (All Plan Designs Combined)
DETAIL OF NET COST AND MEMBER COST‐SHARE BY SERVICE CATEGORY
Carrier Name:
NAIC Company Code:
Net
Cost
Total
Net
Cost
Total
Net Paid
Member
Total
Member
Service
% Net
% Cost
Claims
Share
Cost
Claims
Share
Cost
Claims
Cost‐Share
Gross Cost
Months
Count
Claims
Share
PMPM
PMPM
PMPM
Per Serv
Per Serv
Per Serv
Medical Coverage Experience
Generalist Office Visits
0%
0%
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
Specialist Office Visits
0%
0%
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
Sub‐Specialist Office Visits
0%
0%
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
Chiropractic Services
0%
0%
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
Physical Therapy
0%
0%
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
Respiratory Therapy
0%
0%
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
Hospital Per Diem Expense
0%
0%
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
Other Hospital Services
0%
0%
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
Ambulatory Surgical
0%
0%
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
Emergency ‐ Accident/Trauma
0%
0%
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
Emergency ‐ Sickness/Urgency
0%
0%
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
Standard Laboratory
0%
0%
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
X‐Ray Services
0%
0%
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
MRI Services
0%
0%
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
CT Scan Services
0%
0%
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
PET Scan Services
0%
0%
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
PET/CT Services
0%
0%
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
Endoscopic Services
0%
0%
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
Surgery ‐ Hospital Setting
0%
0%
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
Surgery ‐ ASC Setting
0%
0%
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
Surgery ‐ Office Setting
0%
0%
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
All Other Medical Services
0%
0%
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
TOTAL MEDICAL SERVICES
‐
$
‐
$
‐
$
0%
0%
‐
$
‐
$
‐
$
Major Medical Experience
Services Rendered in PR
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
Services Rendered in US
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
TOTAL MAJOR MEDICAL SERVICES
‐
$
‐
$
‐
$
Prescription Drug Experience
Generic (Pref & Non‐Pref)
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
Preferred Multi‐Source Brand
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
Non‐Preferred Multi‐Source Brand
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
Preferred Single‐Source Brand
‐
$
‐
$
‐
$
‐
$
‐
$
Non‐Preferred Single‐Source Brand
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
Specialty/Biotechnological
‐
$
‐
$
‐
$
‐
$
‐
$
‐
$
TOTAL Rx DRUG SERVICES
‐
$
‐
$
‐
$
ATTACHMENT 5 REVISED 2023
Market:
Item
File name, page or worksheet and section name
Carrier verified complete filing
(initial)
Unified Rate Review Template (Excel and PDF)
Public Form of the Rate Filing Information to be Placed on the
OCI website (As a separated document in PDF)
Brief description in simple language the reasons why the rate increase is being requested.
Explanation of the most significant factors causing the rate increase, including a brief
description of the relevant claims and non-claims expense increases reported in the rate
increase summary
Preliminary Justification Part II Requirements (Only for rate
increases greater than 10%) As a separated document in PDF
identified as Preliminary Justification Part II
Scope and range of the rate increase: Provide the number of individuals impacted
by the rate increase. Explain any variation in the increase among affected
individuals (e.g., describe how any changes to the rating structure impact
premium).
Financial experience of the product: Describe the overall financial experience of
the product, including historical summary-level information on historical
premium revenue, claims expenses, and profit. Discuss how the rate increase will
affect the projected financial experience of the product.
Changes in Medical Service Costs: Describe how changes in medical service
costs are contributing to the overall rate increase. Discuss cost and utilization
changes as well as any other relevant factors that are impacting overall service
costs
Changes in benefits: Describe any changes in benefits, and explain how benefit
changes affect the rate increase. Issuers should explain whether the applicable
benefit changes are required by law.
Administrative costs and anticipated margins: Identify the main drivers of
changes in administrative costs. Discuss how changes in anticipated
administrative costs and underwriting gain/loss are impacting the rate increase
Actuarial Memorandum meeting the requirements of Puerto
Rico and the Federal
2014 Actuarial Memorandum and Certification
Instructions 2.0 (Part III)
General Information
Company legal name
HIOS issuer ID
Market
Effective date
Primary contact name, telephone number, email address
Item
File name, page or worksheet and section name
Carrier verified complete filing
(initial)
Overview of Rate Increase
Provide a brief explanation of why a rate increase is being requested and on what policy
forms including the names of the policy forms affected.
Describe the scope and driving factors impacting the rate increase including a description of
how the rates were determined.
Overview of products. This should be a description of type of products, benefits, marketing
method, premium classifications, renewability, and underwriting method.
Historical rate increase for last 3 years.
Rate increase detailed information, including averages, minimum and maximum
Carrier Name:
Date of Initial Filing:
Is this Original or Replacement:
NAIC Company Code:
SERFF Tracking Number:
Provide a comparative table that shows the percent increase between the current rate and the
proposed age-21 consumer rate per plan and overall, including averages, minimum and
maximum (As separated document in Excel and PDF identified as "Comparative Table Rate
Increase")
Provide, in Excel, the procedure with the calculation used to determine the percentage
increase in rates by plan and overall (As separated document in Excel and PDF identified as
"Calculation demonstration of Rate Increase")
Effective through date and any rate increase schedule applicable (small group only)
Include all products which are part of the single risk pool, including those with no proposed
rate adjustment
Base Period Experience
Explanation of the base period used indicating the basis of the data used, first and last
incurred date included.
Indicate paid through date
Provide support for the development of the actuary's best estimate of allowed and paid
claims incurred during the experience period
Describe the treatment of large claims and claims pooling, if any.
Treatment of commercial reinsurance, if any. This is separate from the Transitional Federal
Reinsurance program, but is adjustments for commercial reinsurance purchased by the
carrier to protect against the risk of large claims.
Indicate the amount of MLR rebates refunded during experience period. (This must be
consistent with the most recent MLR Report submitted to OCS)
Exhibit showing current age distribution of the population and those anticipated for
projection period. (As separated document in Excel and PDF identified as "Current and
Proposed Age Distribution")
Capitation Payments
Describe what is covered by any capitation payments.
Projection Factors
Provide actuarial development of each factor used in the development of the rates, including
an explanation of where the data used to determine each factor comes from. (As separated
document in Excel and PDF identified as "Quantitative development of Factors for rating")
Item
File name, page or worksheet and section name
Carrier verified complete filing
(initial)
Provide documentation of all assumptions and methodologies used in the development of
the impact of morbidity and enrollee mix.
Provide in Excel, a comparative table of current copayments, coinsurance and deductibles
for each submitted plan, versus the proposed copayments, coinsurance and deductibles
structure of each plan. The table shall show changes in values for each service category and
explain the impact in the proposed rates, including a quantitative demonstration and
justification of the changes made. This comparison must be submitted even when no change
has been made. (As separated document in Excel and PDF identified as "Comparative Table
Cost Sharing Changes")
If there were changes in the benefits covered, provide a description of all benefit changes and
quantitative support of their impact.
For each Essential Health Benefit (EHB) not covered previously, the
additional cost per-member-per-month (PMPM) with an actuarial explanation in the
Actuarial Memorandum of how the additional cost was developed. Pursuant to Section 2.050
(D) (1) (k) of the Health Insurance Code of Puerto Rico, any other service or mandatory
benefit required by state or federal law or rule is considered a new essential health benefit.
(As separated document in Excel and PDF identified as "Quantitative development of New
EHB")
Describe any optional benefit in addition to the basic EHB coverage in the Actuarial
Memorandum, including a quantitative demonstration in Excel of the impact in rates, if any.
(As separated document in Excel and PDF identified as "Quantitative development of
optional additional benefits")
For adjustment factors related to differences in demographics, if
applicable, include a description of the source data or assumptions used, why they are
appropriate for the single risk pool, and any applicable adjustments made to the data, such
as considerations for issuer specific experience, industry or internal studies, benefit design
and credibility.
If there are other changes impacting rates, provide a description and quantitative
documentation of all factors.
Provide a description of all changes in the rating structure, if any, and provide quantitative
support of their impact including all assumptions used.
Provide quantitative support of the impact due to changes to network, if any.
Provide quantitative documentation of the trend development including as well as an
explanation of the data, assumptions, and periods used.
Provide a quantitative development of the prescription drug benefit cost sharing design,
including, prescription drug coverage experience for each plan design, claims paid by the
carrier and cost share paid by the insured by drug type (ie. Generic, preferred brand, nonpreferred brand, specialty). In addition, include a projection of the insured and carrier
payment with the proposed prescription drug benefit cost sharing design, explaining the
impact of the proposed cost sharing design on the final rates. Coinsurance of 90% or over in
First level generic or brand names drugs must be actuarially justified for reasonableness. (As
separated document in Excel and PDF identified as "Quantitative development of Prescrition
Drug coverage cost sharing design")
Changes in medical cost trend by major service categories for the past three years and future
projections.
Item
File name, page or worksheet and section name
Carrier verified complete filing
(initial)
Changes in the use of services by major service categories for the past three years and future
projections.
Please explain significant changes from the prior filing assumptions.
Manual Rate Development, if applicable
Describe the source data used to develop the manual rate and why such data is appropriate.
Describe all adjustments made to the data underlying the development of the manual rate to
account for differences in demographics, benefits and morbidity/risk to ensure that that
resulting manual rate is appropriate for blending with the adjusted experience period claims.
Credibility
Indicate the credibility methodology and credibility level of the base period experience.
Paid to Allowed Ratio
Provide a quantitative demonstration of the development of the paid to
allowed ratio based on company specific projections. (As separated document in Excel and
PDF identified as "Quantitative demonstration of Paid to Allowed")
Non-Benefit Expense Projections
Administrative Costs
The methodology used to project administrative expenses, including gain/loss margins,
should be explained.
Identify the main factors that affect changes in administrative costs.
Discuss how changes in projected administrative costs are impacting the rate increase and
what is driving these changes.
Actual administrative expenses PMPM for the last three years and explain any changes in
administrative expenses from the prior filings.
Breakdown of projected administrative expenses with any quality improvement costs
separated.
Discuss how and why the percentage administrative load varies by product or plan, if
applicable
Projected Gain/Loss Margins
Describe the target underwriting gain/loss margin, and any additional risk margin
To the extent that the target as a percent of premium has changed from
the prior submission, provide additional support for why the change is warranted
Discuss how the percentage load varies by product or plan, if applicable
Taxes and Fees
Describe each tax and/or fee and indicate the amount for each, either as a percent of premium
and PMPM amount and a quantitative development.
Provide an explanation of how taxes and fees were allocated across plans.
Medical Loss Ratio
Item
File name, page or worksheet and section name
Carrier verified complete filing
(initial)
Provide a demonstration of the projected loss ratio using the federal rebate loss ratio formula
including the values used.
Describe how the credibility adjustment was determined, if applicable.
If the projected loss ratio is less than federal requirement, explain the plan to comply with the
Federal MLR requirement.
Index Rate
Provide an example procedure of determining a family rate. Demonstrate that this family
rating complies with the federal rating rules of the ACA.
For the catastrophic plan rate, describe the methodology used to estimate
the adjustment reflecting differences in anticipated demographics and morbidity of the
catastrophic population as compared to the single risk pool
AV Metal Values
The issuer must describe whether the AV Metal Values included were entirely based on the
AV Calculator, or whether an acceptable alternative methodology was used to generate the
AV Metal Value of one or more plans
If an alternate methodology was employed to develop the AV Metal
Value(s), the actuary must provide a copy of the actuarial certification required by
45 CFR Part 156, §156.135, as well as quantitative documentation of all adjustments and
explanation of
all differences that could not be accommodated using the AVC (Certification of Unique Plan
Design)
Provide all AVC screen shots
Plan-Adjusted Index Rate
Demonstrate in Excel with formulas how the projected market level
index rate was adjusted to arrive at each plan level adjusted index rate. (As separated
document in Excel and PDF identified as "Quantitative development of plan-adjusted index
rate")
Consumer Adjusted Premium Rate
Quantitative development in Excel (with working formulas) of the Consumer Adjusted
Premium Rate starting with the Plan-adjusted index rate (As separated document in Excel and
PDF identified as "Quantitative development of consumer adjusted premium rate")
Membership Projections
Describe how the membership projections were developed
Describe any differences between the distribution of projected member months relative to the
current membership distribution
Company Financial Condition
Describe the financial situation of the company, including surplus, if any. Provide 5 years of
RBC ratio levels.
Provide historic loss ratios.
Terminated Products
Item
File name, page or worksheet and section name
Carrier verified complete filing
(initial)
List the name of each product that will be terminated prior to the
effective date including other products that have experience included in the single risk pool
during the experience period and any products that were not in effect during the experience
but were made available thereafter
Plan Type
In the event that the plan types listed in the drop-down box in Worksheet
2, Section I of the Part I Unified Rate Review Template do not describe an issuer’s plan exactly
and the issuer has selected the closest plan available, per the instructions, please describe the
differences between the issuer’s plan and the plan type selected.
Warning Alerts
Describe any difference between the sum of the plan level projections and the total projected
amounts
Reliance
If the certifying actuary relied on any information or underlying
assumptions provided by another individual, the information relied upon and the name of
the individual providing that information may be disclosed.
For All Small Groups Affected
Name of group
Group's average rate increase
Date of contract renewal
Effective date of rate increase
Federal Actuarial Certification
Puerto Rico Certification Letter (Certification of Data Accuracy)
SERFF Rates Template (Excel)
Rating Manual
Puerto Rico Benefits Maps for each plan
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
ESSENTIAL HEALTH BENEFIT AND PREVENTIVE SERVICES CHECKLIST
ATTACHMENT 6
COMPANY:
REVISED 02/2023
FORM(S) NUMBER:
SERFF TRACKING NUMBER:
MARKET TYPE
Benefit
Description
Please specify location
(Form/Page/Paragraph/ Other) of
complying provision/language
or attach explanation for an
N/A response
FOR OFFICIAL USE
ONLY
Air ambulance
Covered, No limits. Out of area air ambulance coverage is not covered.
Allergy tests
(50) Test per policy year per enrollee1. Vaccines not covered.
Bariatric Surgery
Subject to preauthorization. It must be covered the payment of (1) of the types of the bariatric
surgery per member for life in Puerto Rico, if the services are available. The types of bariatric
surgery that may be covered are the following: gastric bypass, adjustable band or sleeve
gastrectomy. Coverage is available only to a diagnostic of morbid obesity. Morbid obesity
means is the excess fat in the body determined by a body mass index (BMI) greater or equal to
35. The insured and dependents may have to meet a waiting period of 12 months before the
benefit is covered, unless the physician certifies that the patient's life is in imminent danger.
The facility must have accreditation form the Joint Commission and one of two entities the
American College of Surgeon or the American Society for Metabolic and Bariatric Surgery.
Surgeries to remove excess skin (commonly known as flaps) are not covered, unless the
physician certifies that it is necessary to remove excess skin, since it affects the functionally of
a limb or body part.
Biophysical profile
(1) Procedure per pregnancy.
Chiropractic Care
(20) Physical therapies or manipulations covered under a combined limit per policy year per
enrollee.
Contraceptive methods
Covered, No limits.
Cryo-surgery of the uterus
(1) procedures per year per enrollee.
Delivery and All Inpatient Services for Maternity Care Delivery of baby (48) hour minimum length for vaginal delivery and (96) for cesarean
delivery.
Covered for main enrollee, spouse and dependent daughter.
Dental Check-Up for Children
Dental checkup and cleanings (2) per policy year per member (every (6) months); bitewings
and periapicals no more than one set every 3 years.
Essential Health Benefits
Individual
Large Group
Small Group
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to an insured or subscriber
1 of 21
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
ESSENTIAL HEALTH BENEFIT AND PREVENTIVE SERVICES CHECKLIST
Benefit
Description
Please specify location
(Form/Page/Paragraph/ Other) of
complying provision/language
or attach explanation for an
N/A response
FOR OFFICIAL USE
ONLY
Diagnostic Test (X-Ray and Lab Work)
No Limits. The reproduction of X-Rays must be covered. Laboratories related to infertility
problems are covered as long as the same are laboratories covered in the policy.
Dialysis and hemodialysis
(90) Days. Services related to any type of dialysis or hemodialysis, as well as services for any
complication that may arise and their corresponding hospital or medical-surgical services. Will
be covered for the first (90) days from: a) the date in which the member became eligible for the
policy during the first time or, b) the date in which he/she received the first dialysis and
hemodialysis. This will apply when subsequent dialysis or hemodialysis are related to the same
clinical conditions.
These services must be covered for inpatient and outpatient services.
Durable Medical Equipment
Covered with a preauthorization from plan rental or purchase or oxygen and necessary
equipment for its administration/wheelchair/hospital
bed. Mechanical respirators and
ventilators are covered without limits as required by Law No. 62 of May 4, 2015 to member's
patients under age of (21) and those who have started treatment as minors and meet (21)
years and who received medical services or receive home care will continue to receive
these services after
(21) years of age. Coverage include also the following benefits:
technological equipment necessary to enable the insured to stay alive; at least one daily shift of
(8) hours of skilled nursing services with expertise in respiratory therapy or respiratory therapy
specialists with expertise in nursing; supply that involve the management of the technological
equipment; physical and occupational therapy.
Emergency Room Services
No Limits. No preauthorization or waiting period required. Emergency services for outnetwork providers cannot be covered through reimbursement.
Limitations indicating that the emergency service must be received during the first 24 hours
are not accepted.
Carrier with emergency telephone lines that offers waiver or a lower copayment or coinsurance
if the member calls to such line cannot make any difference between an in-network or outnetwork provider.
Emergency Transportation/Ambulance
Services requested through the 9-1-1 Emergency System, covered and paid directly to the
provider.
Other
transportation
services
(i.e.
transportation
between
institutions)
covered
by
reimbursement up to $80 per trip.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to an insured or subscriber
2 of 21
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
ESSENTIAL HEALTH BENEFIT AND PREVENTIVE SERVICES CHECKLIST
Benefit
Description
Please specify location
(Form/Page/Paragraph/ Other) of
complying provision/language
or attach explanation for an
N/A response
FOR OFFICIAL USE
ONLY
Eye Glasses for Children
(1) pair of glasses (lenses and frames per year per member), supplemented using FEDVIP.
Low Vision coverage - Glasses for member until age (21). (1) pair per policy year per member
within the contracted collection, including high-powered glasses to policyholders with
significant loss of vision, but do not have totally blind. Also covers one item per year per
member, visual aids (prescription lenses, telescopes single or double lens) to policyholders up
to age (21) with significant loss of vision, but do not have totally blind. Services related to Eye
glasses cannot be provided through reimbursement, discounts or allowance.
Gastrointestinal endoscopies
Covered, No Limits.
Generic Drugs
Subject to a Drug List, Generics as a first option. Some medications may require
preauthorization, age limits, quantity limits, specialty limits and/or step therapy. Drugs related
to mental health conditions cannot include limitations indicating that a specific drug must be
prescribe by a psychiatrist or neurologist.
Not all the drugs related to mental/behavioral health conditions can be manage through a
specialty limit.
Habilitation Services
(20) Physical therapies or manipulations covered under a combined limit per year.
Services limited to physical therapies, except for those covered under home health care
benefit.
Home Health Care Services
(40) physical, occupational and speech therapy under a combined limit per policy year per
member. Covered only if they begin 14 days after members discharge from hospital of at
least (3) days and if they are provided for the same condition by he/she was admitted.
Imaging (CT/PET Scans, MRIs)
For PET & PET/CT, (1) Per policy year per enrollee.
For MRI & CT, (1) per anatomical
region per policy year per enrollee.
Inpatient Hospital Services (e.g., Hospital Stay)
Excludes services for personal comfort and or custodial services. Hospitalizations for services
or procedures that may be performed in an outpatient services are not covered.
Inpatient Physician and Surgical Services
Covered, No Limits.
Intra-articular injections
(12) Injections per policy year per member, up to (2) daily injections.
Invasive cardiovascular, non-invasive cardiovascular
procedures and tests
Electromyograms covered up to (2) procedures per year per enrollee.
Lithotripsy
Covered, No limits
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to an insured or subscriber
3 of 21
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
ESSENTIAL HEALTH BENEFIT AND PREVENTIVE SERVICES CHECKLIST
Benefit
Description
Please specify location
(Form/Page/Paragraph/ Other) of
complying provision/language
or attach explanation for an
N/A response
FOR OFFICIAL USE
ONLY
Mental/Behavioral Health Inpatient Services
Residential treatment outside service area is not covered. No limit in accordance to the Mental
Health Parity Act. Limitations indicating that these services must be received or coordinate
through an specific company or program are not accepted.
Mental/Behavioral Health Outpatient Services
No limit in accordance to the Mental Health Parity Act. Limitations indicating that these
services must be received or coordinate through an specific company or program are not
accepted.
MRA
Covered, No limits.
Nerve conduction velocity tests
(2) Procedures per policy year per enrollee.
Neurological tests and procedures
Covered, No limits.
Non-Preferred Brand Drugs
Subject to a Drug List, Generics as a first option. Some medications may require
preauthorization, age limits, quantity limits, specialty limits and/or step therapy. Drugs related
to mental health conditions cannot include limitations indicating that a specific drug must be
prescribe by a psychiatrist or neurologist.
Not all the drugs related to mental/behavioral health conditions can be manage through a
specialty limit.
Nuclear medicine tests
Covered, No Limits.
Nutritionist services
(4) Per policy year per enrollee. Limited to morbid, renal and diabetes conditions. Covered by
reimbursement up to $20 per visit.
Oral, Intravenously, Injectable or Intrathecal
chemotherapy
Covered, No Limits. Antineoplastic agents cannot be excluded from the basic coverage.
These services must be covered for inpatient and outpatient services.
Orthognatic surgery
Expenses related for materials are excluded.
Other Practitioner Office Visit (Nurse, Physician
Assistant)
Non physician professionals or doctors in odontology including nurse and physician assistant
except those required by local law such as: podiatrist, audiologist, optometrist, clinical
psychologists and chiropractors.
Out of area coverage (US)
Services are covered for emergency cases or cases that required equipment, treatment
and facilities not available in Puerto Rico. Services are subject to preauthorization from the
plan
except
for
an
emergency.
Elective treatments, not considered as an emergency, are not covered by this policy.
Rates to be paid are the usual and customary (UCR) rate of the geographical area in which the
services are provided, would have to be paid directly to the provider.
Outpatient Facility Fee (e.g., Ambulatory Surgery
Center)
Services rendered in an outpatient facility that may be performed in physician's office are not
covered.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to an insured or subscriber
4 of 21
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
ESSENTIAL HEALTH BENEFIT AND PREVENTIVE SERVICES CHECKLIST
Benefit
Description
Please specify location
(Form/Page/Paragraph/ Other) of
complying provision/language
or attach explanation for an
N/A response
FOR OFFICIAL USE
ONLY
Outpatient Rehabilitation Services
(20) Physical therapies or manipulations covered under a combined limit per policy
year per enrollee.
Services not covered include occupational, speech and language therapies, prosthetics and
implants, orthopedics and orthotic devices, cardiac rehabilitation.
Occupational, speech and language therapies must be covered for autism condition and for
home health care services.
Services limited to physical therapies, except for those covered under home health care benefit.
Outpatient Surgery Physician/Surgical Services
Excludes: Cosmetic surgery, oral surgery that is dental in origin except those as a result of an
accident, mammoplasty (except those required for patients after a breast cancer mastectomy),
septoplasty, blepharoplasty, rinoseptoplasty, procedures to re- establish the ability to
procreate, organ transplant procedures, other than the specified in the transplant services
benefit (other organ transplant may be covered as an optional benefit), induced abortion,
experimental procedures, skin tags removal, ptosis repair, nail excisions, scalenotomy, Lasik
and other surgical procedures to correct refractive defects, surgical assistance services,
intravenous analgesia services or analgesia administered though inhalation at the physician
or dentist's office, services for the treatment
of the
temporamandibular articulation
syndrome, excision of granulomas or radicular cysts originated by infection in the tooth pulp;
services to correct the vertical dimension or occlusion, removal of exostosis (mandibulary or
maxillary).
Polysomnography
(1) Type of test per lifetime per enrollee.
Preferred Brand Drugs
Subject to a Drug List, Generics as a first option. Some medications may require
preauthorization, age limits, quantity limits, specialty limits and/or step therapy. Drugs related
to mental health conditions cannot include limitations indicating that a specific drug must be
prescribe by a psychiatrist or neurologist.
Not all the drugs related to mental/behavioral health conditions can be manage through a
specialty limit.
Prenatal and Postnatal Care
Covered for mainholder, spouse and dependent daughter.
Preventive Care/Screening/Immunization
Preventive care that meets recommendations described below, as established by the USPSTF.
Primary Care Visit to Treat an Injury or Illness
Covered, No Limits.
Radiation therapy
Covered, No Limits.
These services must be covered for inpatient and outpatient services.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to an insured or subscriber
5 of 21
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
ESSENTIAL HEALTH BENEFIT AND PREVENTIVE SERVICES CHECKLIST
Benefit
Description
Please specify location
(Form/Page/Paragraph/ Other) of
complying provision/language
or attach explanation for an
N/A response
FOR OFFICIAL USE
ONLY
Routine Dental Services (Adult)
Dental checkup and cleaning (2) per policy year per member (every (6) months); bitewings and
periapicals no more that one set every (3) years. (Optional coverage; Orthodontic,
Periodontics, Endodontic, prosthetic dental services, Full mouth reconstructions, Fluoride
treatment covered to members under age (19) and Root canal only to anterior and posterior
teeth.)
Routine Eye Exam (Adult)
Refraction exam is covered (1) per year, per member.
Routine Eye Exam for Children
(1) Visit per year supplemented using FEDVIP.
Routine Foot Care
Covered, No Limits.
Skilled Nursing Facility
Covered only if they begin (14) days after member's discharge from hospital of at least (3) days
and if they are provided for the same condition by he/she was admitted. Maximum of (120)
days.
Specialist Visit
Covered, No Limits.
Specialty Drugs
Subject to a Drug List, Generics as a first option. Some medications may require
preauthorization, age limits, quantity limits, specialty limits and/or step therapy. Drugs related
to mental health conditions cannot include limitations indicating that a specific drug must be
prescribe by a psychiatrist or neurologist.
Not all the drugs related to mental/behavioral health conditions can be manage through a
specialty limit.
Sterilization
Covered, No Limits.
Substance Abuse Disorder Inpatient Services
No limits in accordance to the Mental Health Parity Act.
Include Detox and Residential treatment services. Residential treatment outside service area is
not covered.
Partials are included: (2) partial hospital days equivalent to (1) regular day.
Limitations indicating that these services must be received or coordinate through an specific
company or program are not accepted.
Expenses for services resulting from the administration of an employer drug detection program
are not covered. However, after the enrollee's participation in any treatment related to a
positive outcome in the employer drug detention program, he/she is eligible for treatment
under the contract.
Language indicating that the emergency services must be received during the first 24 hours is
not accepted.
Not all the drugs related to mental/behavioral health conditions can be manage through a
specialty limit.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to an insured or subscriber
6 of 21
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
ESSENTIAL HEALTH BENEFIT AND PREVENTIVE SERVICES CHECKLIST
Benefit
Description
Please specify location
(Form/Page/Paragraph/ Other) of
complying provision/language
or attach explanation for an
N/A response
FOR OFFICIAL USE
ONLY
Substance Abuse Disorder Outpatient Services
No limits in accordance to the Mental Health Parity Act.
Limitations indicating that these services must be received or coordinate through an specific
company or program are not accepted.
Expenses for services resulting from the administration of an employer drug detection program
are not covered. However, after the enrollee's participation in any treatment related to a
positive outcome in the employer drug detention program, he/she is eligible for treatment
under the contract.
Language indicating that the emergency services must be received during the first 24 hours is
not accepted.
Not all the drugs related to mental/behavioral health conditions can be manage through a
specialty limit.
Transplant Services
Benefit covers skin, bone and corneal transplants. Coverage extends to charges directly related
to the transplant service, including care prior to surgery, post-surgery care and treatment in
respect of immunosuppressive drugs.
Services are covered only through participating providers. Pre authorization is required.
This benefit will be covered 100% in Puerto Rico and should not be available through
reimbursement.
Tympanometry
(1) Per policy year per enrollee.
Urgent Care Centers or Facilities
No Limits. No preauthorization or waiting period required.
Abdominal Aortic Aneurysm
(1) time screening for abdominal aortic aneurysm (AAA) by ultrasonography in men aged (65)
to (75) who have ever smoked.
Colorectal Cancer
The
USPSTF
recommends
screening
for
colorectal
cancer
(CRC)
using
fecal
occult
blood
testing, sigmoidoscopy, or colonoscopy, in adults, beginning at age (45) years
and continuing until age (75) years. The risks and benefits of these screening methods vary.
Also, USPSTF recommends of a follow-up colonoscopy after a positive result from a noninvasive test. This test is a screening test and so patients will not have any out-of-pocket costs.
Updated
Covered Preventive Services for Adult (NO COST SHARING IS APPLICABLE)
**ADULTS PREVENTIVE SERVICES MUST BE INCLUDED IN THE SAME ORDER AND DESCRIPTION ESTABLISHED IN THIS CHECKLIST**
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to an insured or subscriber
7 of 21
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
ESSENTIAL HEALTH BENEFIT AND PREVENTIVE SERVICES CHECKLIST
Benefit
Description
Please specify location
(Form/Page/Paragraph/ Other) of
complying provision/language
or attach explanation for an
N/A response
FOR OFFICIAL USE
ONLY
Depression screening for Adults
The USPSTF recommends screening for depression in the general adult population, including
pregnant and postpartum women. Screening should be implemented with adequate systems in
place to ensure accurate diagnosis, effective treatment, and appropriate follow-up.
Falls prevention in older adults: Vitamin D
The USPSTF recommends vitamin D supplementation to prevent falls in community-dwelling
adults age 65 years and older who are at increased risk for falls.
Healthy diet and physical activity counseling to
prevent cardiovascular disease: adults with
cardiovascular risk factors
The USPSTF recommends offering or referring adults who are overweight or obese and have
additional cardiovascular disease (CVD) risk factors to intensive behavioral counseling
interventions to promote a healthful diet and physical activity for CVD prevention.
Hepatitis B Virus Infection screening
The USPSTF recommends screening for hepatitis B virus (HBV) infection in adults at
increased risk for infection.
Updated
Hepatitis C virus infection screening: Adolescents and
Adults
The USPSTF recommends screening for hepatitis C virus (HCV) infection in adults aged 18 to
79 years.
Hypertension Screening in Adults 18 years or older
without known hypertension
The USPSTF recommends screening for hypertension in adults 18 years or older with office
blood
pressure
measurement.
The
USPSTF
recommends
obtaining
blood
pressure
measurements outside of the clinical setting for diagnostic confirmation before starting
treatment.
HIV preexposure prophylaxis for the prevention of
HIV infection
The USPSTF recommends that clinicians offer preexposure prophylaxis (PrEP) with effective
antiretroviral therapy to persons who are at high risk of HIV acquisition.
HIV screening: nonpregnant adolescents and adults
Clinicians screening for HIV infection in adolescents and adults ages (15) to (65) years.
Younger adolescents and older adults who are at increased risk should also be screened.
As required by Law 45-2016 one HIV test a year as part of the routine studies for any medical
evaluation, except for pregnant women to which apply the requirements of the USPSTF. You
should consider the recommendations set out in the Department of Health's HIV regulations.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to an insured or subscriber
8 of 21
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
ESSENTIAL HEALTH BENEFIT AND PREVENTIVE SERVICES CHECKLIST
Benefit
Description
Please specify location
(Form/Page/Paragraph/ Other) of
complying provision/language
or attach explanation for an
N/A response
FOR OFFICIAL USE
ONLY
Immunization
Vaccines for adults-doses, recommended ages, and recommended populations vary: Hepatitis
A, Hepatitis B, Herpes Zoster, Human Papillomavirus, Influenza (Flu Shot), Measles,
Mumps,
Rubella,
Meningococcal,
Pneumococcal,
Tetanus,
Diphtheria,
Pertussis,
Varicella. Catch ups must be covered.
COVID-19 vaccine as part of preventive immunizations for adolescents over 16 years of age
and adults, according to the order established by the Puerto Rico Department of Health and the
recommendations of the Advisory Committee on Immunization Practices (ACIP), of the
Centers for Disease Control and Prevention (CDC), in accordance with Article 2.050 (C) of
the Health Insurance Code of Puerto Rico.
Lung cancer screening
The USPSTF recommends annual screening for lung cancer with low-dose computed
tomography (LDCT) in adults ages (50) to (80) years who have a (20) pack-year smoking
history and currently smoke or have quit within the past (15) years. Screening should be
discontinued once a person has not smoked for (15) years or develops a health problem
that substantially limits life expectancy or the ability or willingness to have curative lung
surgery.
Obesity screening and counseling: adults
The USPSTF recommends that clinicians offer or refer adults with a body mass index of 30 or
higher (calculated as weight in kilograms divided by height in meters squared) to intensive,
multicomponent behavioral interventions.
Prediabetes and Type 2 Diabetes Screening in
asymptomatic adults aged 35 to 70 years who have
overweight or obesity
The USPSTF recommends screening for prediabetes and type 2 diabetes in adults aged 35 to
70 years who have overweight or obesity. Clinicians should offer or refer patients with
prediabetes to effective preventive interventions.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to an insured or subscriber
9 of 21
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
ESSENTIAL HEALTH BENEFIT AND PREVENTIVE SERVICES CHECKLIST
Benefit
Description
Please specify location
(Form/Page/Paragraph/ Other) of
complying provision/language
or attach explanation for an
N/A response
FOR OFFICIAL USE
ONLY
Sexually Transmitted Infections (STI) Counseling
The USPSTF recommends intensive behavioral counseling for all sexually active adolescents
and for adults who are at increased risk for sexually transmitted infections (STIs).
Statin Use for the Primary Prevention of
Cardiovascular Disease in Adults: Preventive
Medication
The USPSTF recommends that clinicians prescribe a statin for the primary prevention of CVD
for adults aged 40 to 75 years who have 1 or more CVD risk factors (i.e. dyslipidemia,
diabetes, hypertension, or smoking) and an estimated 10-year risk of a cardiovascular event of
10% or greater.
Updated
Syphilis Infection in Nonpregnant Adolescents and
Adults: Screening
The USPSTF recommends screening for syphilis infection in asymptomatic persons,
nonpregnant adolescents and adults who are at increased risk for infection.
Updated
Tobacco Smoking cessation and Medication:
nonpregnant adults
The USPSTF recommends that clinicians ask all adults about tobacco use, advise them to stop
using tobacco, and provide behavioral interventions and U.S. Food and Drug Administration
(FDA)–approved pharmacotherapy for cessation to nonpregnant adults who use tobacco.
For those who uses tobacco cessation products, this plan cover the dispatch of FDA approved
medication for smoke cessation for (90) consecutive days in one intent and until (2) intents per
year. The recommendation does not established any difference on the medication for smoke
cessation tier. If the formulary include the drug no cost sharing can be applied regardless the
specific tier.
Tuberculosis screening: adults
The USPSTF recommends screening for latent tuberculosis infection in populations at
increased risk.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to an insured or subscriber
10 of 21
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
ESSENTIAL HEALTH BENEFIT AND PREVENTIVE SERVICES CHECKLIST
Benefit
Description
Please specify location
(Form/Page/Paragraph/ Other) of
complying provision/language
or attach explanation for an
N/A response
FOR OFFICIAL USE
ONLY
Unhealthy alcohol use: adults
The USPSTF recommends screening for unhealthy alcohol use in primary care settings in
adults 18 years or older, including pregnant women, and providing persons engaged in risky or
hazardous drinking with brief behavioral counseling interventions to reduce unhealthy alcohol
use.
Unhealthy Drug Use: adults
The USPSTF recommends screening by asking questions about unhealthy drug use in adults
age 18 years or older. Screening should be implemented when services for accurate diagnosis,
effective treatment, and appropriate care can be offered or referred. (Screening refers to asking
questions about unhealthy drug use, not testing biological specimens.)
Asymptomatic Bacteriuria Screening: pregnant
persons
The USPSTF recommends screening for asymptomatic bacteriuria using urine culture in
pregnant persons.
BRCA-Related Cancer: Risk Assessment, Genetic
Counseling, and Genetic Testing
The USPSTF recommends that primary care clinicians assess women with a personal or family
history of breast, ovarian, tubal, or peritoneal cancer or who have an ancestry associated with
breast cancer susceptibility 1 and 2 (BRCA1/2) gene mutations with an appropriate brief
familial risk assessment tool. Women with a positive result on the risk assessment tool should
receive genetic counseling and, if indicated after counseling, genetic testing.
Breast Cancer Preventive Medication Use to Reduce
Risk
The USPSTF recommends that clinicians offer to prescribe risk-reducing medications, such as
tamoxifen, raloxifene, or aromatase inhibitors, to women who are at increased risk for breast
cancer aged 35 years or older and at low risk for adverse medication effects.
Breast Cancer Screening
The USPSTF recommends screening mammography for women, with or without clinical
breast examination, every 1 to 2 years for women age 40 years and older. The USPSTF
recommends biennial screening mammography for women aged (50) to (74) years.
Covered Preventive Services for Women, Including Pregnant (NO COST SHARING IS APPLICABLE)
**WOMENS PREVENTIVE SERVICES MUST BE INCLUDED IN THE SAME ORDER AND DESCRIPTION ESTABLISHED IN THIS CHECKLIST**
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to an insured or subscriber
11 of 21
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
ESSENTIAL HEALTH BENEFIT AND PREVENTIVE SERVICES CHECKLIST
Benefit
Description
Please specify location
(Form/Page/Paragraph/ Other) of
complying provision/language
or attach explanation for an
N/A response
FOR OFFICIAL USE
ONLY
Breastfeeding
Comprehensive lactation support services (including consultation; counseling; education by
clinicians and peer support services; and breastfeeding equipment and supplies) during the
antenatal, perinatal, and postpartum periods to optimize the successful initiation and
maintenance of breastfeeding.
Breastfeeding equipment and supplies include, but are not limited to, double electric breast
pumps (including pump parts and maintenance) and breast milk storage supplies. Access to
double electric pumps should be a priority to optimize breastfeeding and should not be
predicated on prior failure of a manual pump. Breastfeeding equipment may also include
equipment and supplies as clinically indicated to support dyads with breastfeeding difficulties
and those who need additional services. No monetary limits apply.
Breastfeeding equipment and supplies cannot be provided through reimbursement or in the
optional Major Medical coverage.
Cervical Cancer Screening
The USPSTF recommends screening for cervical cancer every 3 years with cervical cytology
alone in women aged 21 to 29 years.
For women aged 30 to 65 years, the USPSTF recommends screening every 3 years with
cervical cytology alone, every 5 years with high-risk human papillomavirus (hrHPV) testing
alone, or every 5 years with hrHPV testing in combination with cytology (cotesting).
Chlamydia Screening in all sexually active women,
including pregnant persons
The USPSTF recommends screening for chlamydia in all sexually active women 24 years or
younger and in women 25 years or older who are at increased risk for infection.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to an insured or subscriber
12 of 21
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
ESSENTIAL HEALTH BENEFIT AND PREVENTIVE SERVICES CHECKLIST
Benefit
Description
Please specify location
(Form/Page/Paragraph/ Other) of
complying provision/language
or attach explanation for an
N/A response
FOR OFFICIAL USE
ONLY
Contraception
All Food and Drug Administration approved, granted or cleared contraceptive methods,
sterilization
procedures,
screening,
patient
education,
counseling
and
provision
of
contraceptives (including in the immediate postpartum period) for all women with
reproductive capacity as prescribed. Contraceptives care also includes follow-up care.
The full
range of contraceptives includes those currently listed in the FDA’s Birth Control Guide and
any additional contraceptives approved, granted or cleared by the FDA. Any device insertion
and removal of contraceptive methods is covered. Contraceptives methods cannot be provided
through reimbursement. The Health Insurance Code of Puerto Rico, neither the federal
applicable law established any difference in contraceptive tiers. If the formulary include the
contraceptive no cost sharing can be applied regardless the specific tier.
Counseling for Healthy Weight and Weight Gain in
Pregnancy: Pregnant Persons
The USPSTF recommends that clinicians offer pregnant persons effective behavioral
counseling interventions aimed at promoting healthy weight gain and preventing excess
gestational weight gain in pregnancy.
Intimate Partner Violence, Elder Abuse, and Abuse of
Vulnerable Adults: Screening: women of reproductive
age
The USPSTF recommends that clinicians screen for intimate partner violence (IPV) in women
of reproductive age and provide or refer women who screen positive to ongoing support
services.
Folic Acid
The USPSTF recommends that all women planning or capable of pregnancy take a
daily supplement containing (0.4) to (0.8) mg (400 to 800pg) of folic acid.
Diabetes in Pregnancy
The Women’s Preventive Services Initiative (WPSI) recommends screening pregnant women
for gestational diabetes mellitus (GDM) after 24 weeks of gestation (preferably between 24
and 28 weeks of gestation) to prevent adverse birth outcomes.
The WPSI recommends screening pregnant women with risk factors for type 2 diabetes or
GDM before 24 weeks of gestation—ideally at the first prenatal visit.
Updated
Gonorrhea Screening in all sexually active women,
including pregnant persons
The USPSTF recommends screening for gonorrhea in all sexually active women 24 years or
younger and in women 25 years or older who are at increased risk for infection
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to an insured or subscriber
13 of 21
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
ESSENTIAL HEALTH BENEFIT AND PREVENTIVE SERVICES CHECKLIST
Benefit
Description
Please specify location
(Form/Page/Paragraph/ Other) of
complying provision/language
or attach explanation for an
N/A response
FOR OFFICIAL USE
ONLY
Hepatitis B Screening: Pregnant women
Screening for pregnant women at their first prenatal visit.
Human Immunodeficiency Virus (HIV) screening:
Pregnant persons
The USPSTF recommends that clinicians screen for HIV infection in all pregnant persons,
including those who present in labor or at delivery whose HIV status is unknown. Regarding
pregnant women, all insurers or health services organizations are required to cover and
will not impose cost-sharing requirements with regard to the following tests included in the
most recent recommendations of the USPSTF:
1) A first HIV test during the first trimester of pregnancy at the first prenatal visit, and
2) A second test during the third trimester of pregnancy (between the (28) and (34) weeks of
pregnancy).
Screening for Human Immunodeficiency Virus
Infection (HIV)
All adolescent and adult women, ages 15 and older, receive a screening test for HIV at least
once during their lifetime. Earlier or additional screening should be based on risk, and
rescreening annually or more often may be appropriate beginning at age 13 for adolescent and
adult women with an increased risk of HIV infection.
Risk
assessment and prevention education for HIV infection beginning at age 13 and continuing as
determined by risk.
A
screening test for HIV is recommended for all pregnant women upon initiation of prenatal care
with rescreening during pregnancy based on risk factors. Rapid HIV testing is recommended
for pregnant women who present in active labor with an undocumented HIV status. Screening
during pregnancy enables prevention of vertical transmission.
Obesity Prevention in Midlife Women
Counseling midlife women aged 40 to 60 years with normal or overweight body mass index
(BMI) (18.5-29.9 kg/m2) to maintain weight or limit weight gain to prevent obesity.
Counseling may include individualized discussion of healthy eating and physical activity.
Osteoporosis screening: postmenopausal women
younger than 65 years at increased risk of
osteoporosis
The USPSTF recommends screening for osteoporosis with bone measurement testing to
prevent osteoporotic fractures in postmenopausal women younger than 65 years who are at
increased risk of osteoporosis, as determined by a formal clinical risk assessment tool.
Osteoporosis screening: women 65 years and older
The USPSTF recommends screening for osteoporosis with bone measurement testing to
prevent osteoporotic fractures in women 65 years and older.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to an insured or subscriber
14 of 21
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
ESSENTIAL HEALTH BENEFIT AND PREVENTIVE SERVICES CHECKLIST
Benefit
Description
Please specify location
(Form/Page/Paragraph/ Other) of
complying provision/language
or attach explanation for an
N/A response
FOR OFFICIAL USE
ONLY
Perinatal depression: counseling and intervention
The USPSTF recommends that clinicians provide or refer pregnant and postpartum persons
who are at increased risk of perinatal depression to counseling interventions.
Preeclampsia prevention: aspirin in pregnant persons
at high risk for preeclampsia
The USPSTF recommends the use of low-dose aspirin (81 mg/day) as preventive medication
after 12 weeks of gestation in persons who are at high risk for preeclampsia.
Preeclampsia screening
The USPSTF recommends screening for preeclampsia in pregnant women with blood pressure
measurements throughout pregnancy.
RH Incompatibility screening
Rh (D) blood typing and antibody testing for all pregnant women during their first visit for
pregnancy- related care.
Also, repeated Rh (D) antibody testing for all unsensitized Rh (D)- negative women at (24)-
(28) weeks gestation, unless the biological father is known to be Rh (D)-negative.
Screening for anxiety
The Women's Preventive Services Initiative recommends screening for anxiety in adolescent
and adult women, including those who are pregnant or postpartum. Optimal screening
intervals are unknown and clinical judgement should be used to determine screening
frequency. Given the high prevalence of anxiety disorders, lack of recognition in clinical
practice, and multiple problems associated with untreated anxiety, clinicians should consider
screening women who have not been recently screened.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to an insured or subscriber
15 of 21
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
ESSENTIAL HEALTH BENEFIT AND PREVENTIVE SERVICES CHECKLIST
Benefit
Description
Please specify location
(Form/Page/Paragraph/ Other) of
complying provision/language
or attach explanation for an
N/A response
FOR OFFICIAL USE
ONLY
Diabetes after pregnancy
The Women’s Preventive Services Initiative (WPSI) recommends screening for type 2
diabetes in women with a history of gestational diabetes mellitus (GDM) who are not currently
pregnant and who have not previously been diagnosed with type 2 diabetes. Initial testing
should ideally occur within the first year postpartum and can be conducted as early as 4–6
weeks postpartum.
Women who were not screened in the first year postpartum or those with a negative initial
postpartum screening test result should be screened at least every 3 years for a minimum of 10
years after pregnancy. For those with a positive screening test result in the early postpartum
period, testing should be repeated at least 6 months postpartum to confirm the diagnosis of
diabetes regardless of the type of initial test (eg, fasting plasma glucose, hemoglobin A1C, oral
glucose tolerance test). Repeat testing is also indicated for women screened with hemoglobin
A1C in the first 6 months postpartum regardless of whether the test results are positive or
negative because the hemoglobin A1C test is less accurate during the first 6 months
postpartum..
Women who were not screened in the first year postpartum or those with a negative initial
postpartum screening test result should be screened at least every 3 years for a minimum of 10
years after pregnancy. For those with a positive screening test result in the early postpartum
period, testing should be repeated at least 6 months postpartum to confirm the diagnosis of
diabetes regardless of the type of initial test (eg, fasting plasma glucose, hemoglobin A1C, oral
glucose tolerance test). Repeat testing is also indicated for women screened with hemoglobin
A1C in the first 6 months postpartum regardless of whether the test results are positive or
negative because the hemoglobin A1C test is less accurate during the first 6 months
postpartum.
Updated
Syphilis screening: pregnant women
Early screening for syphilis infection in all pregnant women.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to an insured or subscriber
16 of 21
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
ESSENTIAL HEALTH BENEFIT AND PREVENTIVE SERVICES CHECKLIST
Benefit
Description
Please specify location
(Form/Page/Paragraph/ Other) of
complying provision/language
or attach explanation for an
N/A response
FOR OFFICIAL USE
ONLY
Screening for urinary incontinence in women
The Women’s Preventive Services Initiative recommends screening women for urinary
incontinence as a preventive service. Factors associated with an increased risk for urinary
incontinence include increasing parity, advancing age, and obesity; however, these factors
should not be used to limit screening.
Several screening tools demonstrate fair to high accuracy in identifying urinary incontinence
in women. Although minimum screening intervals are unknown, given the prevalence of
urinary incontinence, the fact that many women do not volunteer symptoms, and the multiple,
frequently-changing risk factors associated with incontinence, it is reasonable to conduct
annually.
Tobacco Smoking cessation: Pregnant Persons
The USPSTF recommends that clinicians ask all pregnant persons about tobacco use, advise
them to stop using tobacco, and provide behavioral interventions for cessation to pregnant
persons who use tobacco.
Well-woman visits
Well-woman preventive care visit annually (depending on the woman's health status, health
needs an other risk factors) for adult women to obtain the recommended preventive
services
that
are
age
and developmentally appropriate, including preconception care and
many services necessary for prenatal care and interpregnnacy visits. This well-woman visit
should, where appropriate, include other preventive services listed. If the clinician determines
that
a patient
requires
additional well-woman
visits, the
additional visits
must
be
provided without cost sharing. The full range of contraceptives includes those currently listed
in the Food and Drug Administration (FDA’s) Birth Control Guide- approved,-granted, orcleared contraceptives, effective family planning practices, and sterilization procedures be
available as part of contraceptive care.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to an insured or subscriber
17 of 21
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
ESSENTIAL HEALTH BENEFIT AND PREVENTIVE SERVICES CHECKLIST
Benefit
Description
Please specify location
(Form/Page/Paragraph/ Other) of
complying provision/language
or attach explanation for an
N/A response
FOR OFFICIAL USE
ONLY
Anemia/Iron
Perform risk assessment or screening as appropriate, per recommendations in
the current edition of the AAP Pediatric Nutrition: Policy of the American Academy of
Pediatrics (Iron chapter).
Anxiety in Children and Adolescents: Screening:
children and adolescents aged 8 to 18 years
The USPSTF recommends screening for anxiety in children and adolescents aged 8 to 18
years.
New
Autism Spectrum Disorder Screening
Screening for children at (18) and (24) months.
Behavioral/Social/Emotional Screening
The American Academy of Pediatrics (AAP) recommends an annual assessment from newborn
to 21 years old.
Updated
Bilirubin concentration
Screening for newborns
Blood Pressure
Screening for Children Ages: (0) to (11) months, (1) to (4) years, (5) to (10) years, (11) to (14)
years, (15) to (17) years.
Blood screening
Screening for newborns
Cervical Dysplasia
Screening for sexually active females.
Depression and Suicide Risk in Children and
Adolescents: Screening
The American Academy of Pediatrics (AAP) and the USPSTF recommends screening for
major depressive disorder (MDD) in adolescents aged 12 to 21 years.
Updated
Developmental Screening and Surveillance
Screening for children under age (3), and surveillance throughout childhood.
Dyslipidemia
Screening for all children once between 9 and 11 years and once between 17 and 21 years, and
for children at higher risk of lipid disorders ages: 1 to 4 years, 5 to 10 years, 11 to 14 years, 15
to 17 years
Gonorrhea prophylactic medication: newborns
The USPSTF recommends prophylactic ocular topical medication for all newborns to prevent
gonococcal ophthalmia neonatorum.
Covered Preventive Services for Children (NO COST SHARING IS APPLICABLE)
**CHILDREN PREVENTIVE SERVICES MUST BE INCLUDED IN THE SAME ORDER AND DESCRIPTION ESTABLISHED IN THIS CHECKLIST**
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to an insured or subscriber
18 of 21
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
ESSENTIAL HEALTH BENEFIT AND PREVENTIVE SERVICES CHECKLIST
Benefit
Description
Please specify location
(Form/Page/Paragraph/ Other) of
complying provision/language
or attach explanation for an
N/A response
FOR OFFICIAL USE
ONLY
Hearing
Screening for hearing loss all newborns infants and for children once between 11 and 14 years,
once between 15 and 17 years, and once between 18 and 21 years.
Height, Weight and Body Mass Index
Measurements for children. Ages: (0) to (11) months, (1) to (4) years, (5) to (10) years, (11) to
(14) years, (15) to (17) years.
Hematocrit or hemoglobin screening
Screening for all children
Hemoglobinopathies screening: newborns
Screening for sickle cell disease in newborns.
Hepatitis B Virus Infection screening
The USPSTF and the American Academy of Pediatrics (AAP) recommends screening for
hepatitis B virus (HBV) infection in newborns through young adults (21 years of age) at
highest risk of infection.
NEW!
Hypothyroidism screening: newborns
Screening for congenital hypothyroidism in newborns.
Immunization
Vaccines for children from birth to age (18), doses, recommended ages, and recommended
populations vary: Diphtheria, Tetanus, Pertussis, Haemophilus influenza type b, Hepatitis A,
Hepatitis B, Human Papillomavirus, Inactivated Poliovirus, Influenza (Flu Shot), Measles,
Mumps, Rubella, Meningococcal, Pneumococcal, Rotavirus, Varicella. Catch ups must be
d
Lead screening
For children at risk of lead exposure
Maternal depression
Screening for mothers of infants at 1, 2, 4, and 6-month visits
Medical History
For all children throughout development Ages: (0) to (21) years.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to an insured or subscriber
19 of 21
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
ESSENTIAL HEALTH BENEFIT AND PREVENTIVE SERVICES CHECKLIST
Benefit
Description
Please specify location
(Form/Page/Paragraph/ Other) of
complying provision/language
or attach explanation for an
N/A response
FOR OFFICIAL USE
ONLY
Obesity screening: children and adolescents
The USPSTF recommends that clinicians screen children age (6) years and older for obesity
and offer them, or refer them to comprehensive, intensive behavioral interventions to promote
improvement in weight status.
Oral Health
Risk assessment for young children. Ages: (0) to (11) months, (1) to (4) years, (5) to (10)
years.
Phenylketonuria (PKU) screening: newborns
Screening for phenylketonuria in newborns.
Prevention of Dental Caries in Children Younger
Than 5 Years: Screening and Interventions: children
younger than 5 years
The USPSTF recommends that primary care clinicians prescribe oral fluoride supplementation
starting at age 6 months for children whose water supply is deficient in fluoride. Also, the
American Academy of Pediatrics (AAP) recommends If primary water source is deficient in
fluoride, consider oral fluoride supplementation.
The USPSTF recommends that primary care clinicians apply fluoride varnish to the primary
teeth of all infants and children starting at the age of primary tooth eruption.
Once teeth are
present, apply fluoride varnish to all children every 3 to 6 months in the primary care or dental
office based on caries risk.
Updated
Skin Cancer behavioral counseling
The USPSTF recommends counseling young adults, adolescents, children, and parents of
young children about minimizing exposure to ultraviolet (UV) radiation for persons aged 6
months to 24 years with fair skin types to reduce their risk of skin cancer.
Sudden cardiac arrest and sudden cardiac death
The American Academy of Pediatrics (AAP) recommend assessing risk for sudden cardiac
arrest and sudden cardiac death has been added to occur from 11 to 21 years (to account for
the range in which the risk assessment can take place) to be consistent with AAP policy
(“Sudden Death in the Young: Information for the Primary Care Provider”). Perform a risk
assessment, as appropriate
New
Tobacco use: children and adolescents
The USPSTF recommends that primary care clinicians provide interventions, including
education or brief counseling, to prevent initiation of tobacco use among school-aged children
and adolescents.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to an insured or subscriber
20 of 21
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
ESSENTIAL HEALTH BENEFIT AND PREVENTIVE SERVICES CHECKLIST
Benefit
Description
Please specify location
(Form/Page/Paragraph/ Other) of
complying provision/language
or attach explanation for an
N/A response
FOR OFFICIAL USE
ONLY
Tobacco, Alcohol or Drug Use
Screening children (11) to (21) years of age.
Tuberculosis
Testing for children at higher risk of tuberculosis. Ages: (0) to (11) months, (1) to (4) years,
(5) to (10) years, (11) to (14) years, (15) to (21) years.
Vision screening: children
The USPSTF recommends vision screening for all children at least once between the ages of
(3) and (5) years, to detect the presence of amblyopia or its risk factors.
References
https://www.hrsa.gov/womens-guidelines/index.html
https://mchb.hrsa.gov/programs-impact/programs/preventive-guidelines-screenings-women-children-youth
https://www.womenspreventivehealth.org/recommendations/
https://downloads.aap.org/AAP/PDF/periodicity_schedule.pdf
https://www.cdc.gov/vaccines/schedules/downloads/adult/adult-combined-schedule.pdf
https://www.cdc.gov/vaccines/schedules/downloads/child/0-18yrs-child-combined-schedule.pdf
I ____________________________________ have reviewed or supervised the preparation of the above checklist and certify that the forms(s) and/or drug formulary is (are) in compliance with all of the
applicable requirements of the Essential Health Benefit Benchmark for Puerto Rico1 and the recommendations of the USPSTF. I also acknowledge responsibility for the validity, accuracy and completeness of the
contents of this checklist.
Signature: _____________________________________________________________________
Date: _____________________________________________________________________
CERTIFICATION
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to an insured or subscriber
21 of 21
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
COMPANY:
FORM(S) NUMBER:
SERFF TRACKING NUMBER:
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Licensing
§ 303
The carrier1 is licensed to transact disability insurance business or is authorized as a Health Service Organization in
Puerto Rico.
Final Form
§ 1111
The form(s) is(are) in the final format in which it(they) will be issued. No draft, highlighted, redline or watermark
is(are) included in the Form Schedule Tab.
Filings made on behalf of the carrier
by another party
Circular Letter
CC-2015-1870-AV/AS
A letter authorizing the third party to act on behalf of the carrier is included in the Supporting Documentation Tab
and provides the following information:
(a) on carrier's letterhead or include the carrier name in the “Re” line of the authorization;
(b) specifically addressed to the Office of the Commissioner of Insurance of Puerto Rico;
(c) properly executed by an authorized officer of the carrier;
(d) dated; and either
(e) specific to the file submitted for approval by including form number(s); or (ii) generally applicable to all
contract forms filed on behalf of the carrier as long as a copy of such authorization is included in each submission.
Cover Letter
Circular Letter
CC-2015-1870-AV/AS
The filing include a cover letter under the Supporting Documentation Tab in SERFF.
Cover Letter
Circular Letter
CC-2015-1870-AV/AS
The cover letter include:
a. A detailed explanation as to the purpose of the filing, and the intended use for each submitted form.
b. The signature of a representative of the carrier, authorized to submit forms for filing or approval for the carrier.
c. A description of any innovative or unique features of each form.
d. In the "Re" section, the identification form number of all the forms submitted for approval are displayed with the
same form number that appears in the lower left corner of the form. This means that if the word "Form" does not
appear in the lower left corner then it should not be part of the Form Number on the cover letter.
Cover Letter
Rule XXIV
Brief, detailed description of benefits, purpose, and intended market. Disclose if form is new or replacement. If it is
an amendment, endorsement or rider, the contract it will go with.
Cover Letter
Rule XXIV
The cover letter include the name of the carrier presenting the submission and is signed by a representative of the
carrier authorized to submit forms for filing or approval.
ATTACHMENT 7A
REVISED 02/2023
TYPE OF INSURANCE
(TOI)
Yes
No
Yes
No
Yes
Yes
N/A
Yes
No
Yes
Yes
N/A
Yes
No
Yes
No
Yes
N/A
Yes
No
Yes
No
Yes
No
Yes
Yes
Yes
N/A
N/A
N/A
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
1 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Cover Letter
Rule XXIV
The cover letter advise whether or not the form is replacing a previously submitted form. If there have not been a
substantial number of changes, submit a highlighted copy showing the material differences or changes made to the
form. If the changes are too extensive, then a highlighted copy is not required, but the changes must be identified in
the cover letter. State whether the previously submitted form was approved, disapproved, withdrawn or otherwise
disposed or is still pending approval (under review) with the OCI and provide the form number and SERFF tracking
number.
The cover letter indicate the SERFF tracking number of the filing where the rates applicable to the form(s) were
submitted.
Cover Letter-Resubmissions
Rule XXIV
If the form has been previously submitted to the OCI and the file was closed or withdrawn, any resubmission's cover
letter must reference the SERFF tracking number of the previously closed file and address all outstanding issues
in the new cover letter.
The new cover letter shall include a reference where each objection has been addressed within the forms.
If the insurer or health services organization intends to subscribe the health plan by electronic means, it must
mention it in the cover letter.
If a form is intended to replace a very recently approved form because of an error found in the approved form, and
the approved form has not been issued, the carrier may request to make a substitution of the approved form using
the regular prior approval process. The substitution request letter must confirm that the form has not been issued
and identify the changes made to the corrected form. The carrier may, under these circumstances, use the same form
number on the corrected form being submitted.
In relation to metallic plans, the cover letter indicate if the carrier will be offering these forms outside the open
enrollment period, with or without waiting period.
Variability
(bracketed language)
§ 1111
§ 1112
Forms with variable bracketed information must include all the possible language that might be placed within
the brackets. The use of too many variables will result in filing disapproval, as OCI staff may not be able to
determine whether the filing is compliant with Puerto Rico laws and regulations.
The submission must include a separate detailed Memorandum of Variable Material to explain any variable material
in the form(s). In order to be approved, any form will need to be furnished accompanied by the intended alternate,
replacement, and/or additional language. The use of these brackets, within the approved form, will be limited to the
alternatives filed by the carrier.
Variable Language
Blank pages
§ 1111
Brackets around an entire page constitute a "blank” or generic form – not permitted
Cover Letter
Cover Letter
Cover Letter
Cover Letter
No
Yes
Yes
No
Yes
Yes
N/A
N/A
Yes
N/A
Yes
N/A
Yes
No
Yes
N/A
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
2 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Redline, highlighted, draft or watermark copies are not approvable and must be placed on the SERFF Supporting
Documentation Tab.
Amendments or Endorsements
§ 1118
The contract may not be modified unless the modification is in writing and agreed to by the party against whose
interest the modification operates.
Rider a Rider
§ 1112
Companies may not “rider a rider”, "endorse and endorsement" or "amend an amendment".
A form identification number (consisting of numerical digits, letters, or both) appears in the lower left-hand corner
of the cover page and in all the pages of the form(s). The form identification number is the same in all pages.
The licensed Puerto Rico carrier’s name appears on the cover page of the form(s), as well as the cover page of each
rider, amendment, application and endorsement form.
Full street address of the carrier’s Home Office (bracketed or underlined to reflect possible future changes) for
disclosure purposes appears on the cover page or back page of the form.
A brief description of the contract (e.g., “individual metallic plan platinum” "small group metallic plan gold")
appears on the form cover page.
The signature of at least one officer of the carrier appears in the first page, in order to execute the contract.
Signatures appearing on contract form(s) can be bracketed to denote variability.
Form(s) does(do) not include inequitable, unfairly discriminatory, misleading, deceptive, obscure, unfair, encourage
misrepresentation, or not in the public interest provisions. Form(s) does(do) not contain inconsistent, ambiguous or
misleading clauses, or contain exceptions and conditions that unreasonably affect the benefits purported to be
provided in the coverage.
Chapter 16
Insurance Code
§ 1602(2)
The style, arrangement and overall appearance of the contract shall give no undue prominence to any portion of the
text, and every printed portion of the text of the contract and of any endorsements or attached papers shall be plainly
printed in light-faced type of a style in general use, the size of which shall be uniform and not less than ten-point
with a lower case unspaced alphabet length not less than one hundred and twenty-point.
Entire Contract
§ 1605
This provision must be included and must be no less favorable to the insured than the statutory provision.
Grace Period
§ 1607
This provision must be included and must be no less favorable to the insured than the statutory provision.
Reinstatement Provision
§ 1608
This provision must be included and must be no less favorable to the insured than the statutory provision.
CHAPTER 16 OF THE INSURANCE CODE OF PUERTO RICO (Insurance Code)
Red-lined, highlighted, draft or watermark copies
Form Number
Cover Page
Unfair, Misleading, Deceptive Provisions.
Yes
Yes
No
Yes
No
Yes
No
No
Yes
Yes
No
N/A
Yes
No
Yes
No
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
3 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Notice of Claim Provision
§ 1609
Only applicable for reimbursement purpose, the language must be adjusted accordingly.
Claim Forms Provision
§ 1610
Only applicable for reimbursement purpose, the language must be adjusted accordingly.
Proof of Loss Provision
§ 1611
Only applicable for reimbursement purpose, the language must be adjusted accordingly.
Time of Payment of Claims Provision
§ 1612
Only applicable for reimbursement purpose, the language must be adjusted accordingly.
Payment of Claims Provision
§ 1613
Only applicable for reimbursement purpose, the language must be adjusted accordingly.
Civil Actions Provision
§ 1615
Civil Actions Provision
Misstatement of Age
§ 1622
Tthe language of the standard provision must be adjusted accordingly. The provision may read as follows: "If a
subscriber's/insured's age has been misstated or incorrectly expressed, the premium will be adjusted to the correct
age."
Order of Certain contract Provisions
§ 1629
The provisions which are the subject of §§ 1605-1628 of the Insurance Code, inclusive, or any corresponding
provisions which are used in lieu thereof in accordance with such sections, shall be printed in the consecutive order
of the provisions in such sections or, at the carrier option, any such provision may appear as a unit in any part of the
contract, with other provisions to which it may be logically related, provided the resulting contract shall not be in
whole or in part unintelligible, uncertain, ambiguous, abstruse, or likely to mislead a person to whom the contract is
offered, delivered or issued.
Foster child definition
§ 1633
Family expenses disability - Foster child definition. The definition should not include any reference to lived under
the same roof (residency) or be dependent to receive support (financial dependency).
Definitions
§ 2.030
§ 4.030
§10.030
§ 22.030
§ 24.030
§ 28.030
§ 52.030
§ 72.030
§ 48.020
Definitions included in the policy or contract form must comply with Sections 2.030, 4.030, 10.030, 22.030, 24.030,
28.030, 52.030, 48.020 and 72.030 of the Health Insurance Code. Do not duplicate definitions. Definitions must be
included as long as the contract uses the term. Also, if a same definition is included under more than one law, the
definition must apply to the specific intention of each law.
Updated
HEALTH INSURANCE CODE OF PUERTO RICO (Health Code)
Yes
No
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
4 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Dependent Coverage
§ 2.03(G)
§10.030(G)
If a contract offers dependent coverage, it must include dependent coverage until age 26. Conditions limiting the
dependent coverage based upon financial dependency, marital status, enrollment in school, residency or other
factors are not applicable.
Also, the definition of "Dependent" must comply with Sections 2.030(G) and 10.030(G) of the Health Code.
Prohibition on Annual and Lifetime
Dollar Limits
§ 2.050 (A)(1)
§ 2.050 (A)(2)
This policy or contract form must not include annual or lifetime limits on essential health benefits.
Preventive Services
§ 2.050(C)
This policy or contract form provides coverage for the following preventive care and screenings for
children and adults with no cost-sharing:
(1) Services for adult, women and children with a rating of A or B as recommended by the U.S. Preventive Services
Task Force.
(2) Immunizations recommended by the Advisory Committee on Immunization Practices of the Centers for Disease
Control and Prevention and the "Comité Asesor en Prácticas de Inmunización" of the Puerto Rico Health
Department.
(3) Preventive care and screenings for infants, children and adolescents as established in the guidelines supported
by the Health Resources and Services Administration (HRSA). (In Puerto Rico applies until 21 years).
(4) Preventive care and screenings for women as established in the guidelines supported by HRSA, including breast
cancer screening, mammography and prevention.
Such coverage shall not be subject to deductibles, copayments, and/or coinsurance.
The contract also include the link to access the current preventive services list.
Emergency Services
§ 2.050(F)
This policy or contract form provides coverage for the treatment of an emergency condition in a
hospital:
*Without the need for any prior authorization;
* Regardless of whether the provider is a participating provider;
* Without imposing any administrative requirement or limitation that is more restrictive than that required for
participating provider services, and at the in-network cost-sharing level.
Designation of Primary Care Provider
and access to pediatricians
Chapter 2 / Health Insurance
Code
§ 2.050(G)
If the policy or contract form requires the designation of a primary care provider, the form permits the designation of
a physician who specializes in pediatrics, when the enrollee is eighteen (18) years old or less, as the child’s primary
care provider, provided that such provider participates in the network of participating providers of the health plan.
(Only applicable to coverage managed through referrals and the designation of primary care provider is
required)
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
5 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Designation of Primary
Care Provider and Direct Access to
OB/GYN Services
§ 2.050(H)
If this policy or contract form requires the designation of a primary care provider, it must not require prior
authorization or referral to obtain obstetrical and gynecological care provided by participating providers.
(Only applicable to coverage managed through referrals and the designation of primary care provider is
applicable)
Pre-existing Conditions
§ 2.050(I)
§ 10.050(M)
No individual health plan shall deny, exclude or limit the benefits of an enrollee based on preexisting conditions,
regardless of the age of the enrollee.
Rescission
Chapter 2 / Health Insurance
Code
§ 2.050(J)
Coverage may only be rescinded
or cancelled for fraud or intentional misrepresentation of material fact.
Notification must be given to the insured (30) calendar days prior to cancellation. Recovery of the provided services
cost is not allowed.
Prescription drugs
§ 4.060(A)(1)(b)
Information indicating which prescription drugs, if any, are subject to a management procedure that has been
developed and maintained is disclosed in the contract.
Changes to the formulary
Chapter 4 / Health Insurance
Code
§ 4.060(A)(2)
The contract shall establish that changes in the formulary or other prescription drug management process during the
term of the contract shall only be made if such change is being made for safety reasons, because the prescription
drug cannot be supplied or has been withdrawn from the market by the drug’s manufacturer, or if such change
entails the inclusion of prescription drugs in the formulary. To such effects, the carrier shall provide or entrust a
third party to provide notice of that change to all enrollees and pharmacies not later than the effective date of the
change.
Formulary Exceptions
Chapter 4 / Health Insurance
Code
§ 4.070
This policy or contract form must provide for a formulary exception process for prescription drugs not on the
insurer’s formulary. The contract must include the Medical Exceptions Approval Process Requirements and
Procedures in accordance to Section 4.070.
The language of this section must be included in the contract in the same format and order established in
Section 4.070.
Disclosure
Chapter 4 / Health Insurance
Code
§ 4.100
The contract, certificate, membership booklet, outline of coverage, evidence of coverage, or any other document
provided to an enrollee shall include the disclosures required in Section 4.100.
Maintenance medications
Chapter 4 / Health Insurance
Code
§ 4.120
The policy or contract form shall establish that for insured's that so require, insofar as it does not jeopardize his or
her health, and at the discretion of the healthcare provider, the healthcare provider may prescribe refills for
maintenance drugs up to a term that shall not exceed one hundred eighty (180) days, subject to the limitations of the
health plan’s coverage.
Yes
No
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
6 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Guaranteed renewability
Chapter 10 / Health Insurance
Code
§ 10.060
An individual health plan shall be renewable or shall continue in force the coverage for the enrollee and his/her
dependent, at the option of the enrollee.
Guaranteed renewability. A carrier must renew or continue in force the coverage at the option of the individual,
except for nonpayment of premium, fraud, termination of product and movement outside the service area.
Availability of coverage
Chapter 10 / Health Insurance
Code
§ 10.080
The contract must include a clause establishing the availability of coverage in the Individual Market in compliance
with Section 10.080.
Qualifying events
Chapter 10 / Health Insurance
Code
§ § 10.150(C) and (D)
The contract must establish the events in which an individual can obtain coverage due to a qualified event as
describe in Section 10.150 of the Health Code and Ruling Letter CN-201-156-AS of September 30, 2013.
Prohibition of Discretionary clauses
Chapter 12 / Health Insurance
Code
§ 12.040(A)
No contract, certificate or agreement offered or issued in Puerto Rico by a carrier to provide, deliver, arrange for,
pay for or reimburse any of the costs of healthcare services may contain a provision purporting to reserve discretion
to carrier to interpret the terms of the contract, or to provide standards of interpretation or review that are
inconsistent with the laws of Puerto Rico. An adverse determination by a carrier, as well as disputes or controversies
that may arise between a carrier and an enrollee, shall be subject to the internal and external review procedures
established in the Health Code.
First Level Reviews of Grievances
Involving an Adverse Determination
Chapter 22 / Health Insurance
Code
§ 22.070
All carriers must include in the contracts a First Level Revision of Complaints related to an Adverse Determination
in compliance with Section 22.070.
The title and language of this section must be included in the contract in the same format and order
established in the Section 22.070.
Standard Reviews of Grievances Not
Involving an Adverse Determination
Chapter 22 / Health Insurance
Code
§ 22.080
All carriers must include in the contracts an Ordinary Revision of Complaints not related to an Adverse
Determination in compliance with Section 22.080.
The title and language of this section must be included in the contract in the same format and order
established in the Section 22.080.
Voluntary Level of Reviews of
Grievances
Chapter 22 / Health Insurance
Code
§ 22.090
All carriers must include in the contract a Voluntary Level of Revision of Grievances in compliance with Section
22.090. (Only applicable to manage care plans)
The title and language of this section must be included in the contract in the same format and order
established in the Section 22.090.
Expedited Reviews of Grievances
Involving an Adverse Determination
Chapter 22 / Health Insurance
Code
§ 22.100
All carriers must include in the contract an Expedite Review of Grievances involving an Adverse Determination in
compliance with Section 22.100.
The title and language of this section must be included in the contract in the same format and order
established in the Section 22.100.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
7 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Urgent care
Chapter 24 / Health Insurance
Code
§ 24.030 (Q)(2)
The contract include the following language, or a different wording with the same meaning, in compliance with this
Section:
"Any request that a physician with knowledge of the enrollee's medical condition determines is an urgent care
request, shall be treated by the carrier as an urgent care request."
Procedures for Standard Utilization
Review and Benefit Determinations
Chapter 24 / Health Insurance
Code
§ 24.090
The policy or contract form includes a description of the utilization review policies and procedures,
The title and language of the provision must be included in the form in the same format and order established
in Section 24.090.
Procedures for Expedited Utilization
Review and Benefit Determinations
Chapter 24 / Health Insurance
Code
§ 24.100
All carriers who perform utilization review procedures must include in its contracts the Procedures for Expedited
Utilization Review and Benefit Determinations in compliance with Section 24.100.
The title and language of the provision must be included in the form in the same format and order established
in Section 24.100.
Utilization review or benefit
determinations for emergency services
Chapter 24 / Health Insurance
Code
§ 24.110
All carriers who perform utilization review procedures must include in its contracts the Procedures for an
Utilization Review and Determination of Benefits in respect to Emergency Services in compliance with Section
24.110.
The title and language of the provision must be included in the form in the same format and order established
in Section 24.110.
Creation of Adequate network
Chapter 26 / Health Insurance
Code
§ 26.050
health insurance organizations or insurers shall file with the Commissioner an access plan that meets the
requirements set forth in this Chapter for each of the coordinated care plans offered in P.R.
NEW!
Requirements for health insurance
organizations, insurers and in-network
providers
Chapter 26 / Health Insurance
Code
§ 26.060
Provide evidence of compliance with this chapter and of the provisions of the contract between issuer and innetwork provider.
NEW!
Filing Requirements
Chapter 26 / Health Insurance
Code
§ 26.080
The health insurance organizations or insurers will file with the Commissioner the model contracts that they will use
with their participating providers and intermediaries, so that the Commissioner can verify compliance with the
provisions of this Chapter.
NEW!
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
8 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Notice of Right to External Review
Chapter 28 / Health Insurance
Code
§ 28.050
All carriers must include in the contracts a Notification of the Right to Request an External Review in compliance
with Section 28.050.
The title and language of the provision must be included in the form in the same format and order established
in Section 28.050.
Request for External Review
Chapter 28 / Health Insurance
Code
§ 28.060
This policy or contract form includes the instructions on how to request an external external review appeal.
The title and language of the provision must be included in the form in the same format and order established
in Section 28.060.
Exhaustion of Internal Grievance
Process
Chapter 28 / Health Insurance
Code
§ 28.070
All carriers must include in the contracts information about the Exhaustion of Internal Grievance Process in
compliance with Section 28.070.
The title and language of the provision must be included in the form in the same format and order established
in Section 28.070.
Standard External Review
Chapter 28 / Health Insurance
Code
§ 28.080
All carriers must include in the contracts information about the Standard External Review in compliance with
Section 28.080.
The title and language of the provision must be included in the form in the same format and order established
in Section 28.080.
Expedited External Review
Chapter 28 / Health Insurance
Code
§ 28.090
All carriers must include in the contracts information about the Expedite External Review in compliance with
Section 28.090.
The title and language of the provision must be included in the form in the same format and order established
in Section 28.090.
External Review of Experimental or
Investigational Treatment Adverse
Determinations
Chapter 28 / Health Insurance
Code
§ 28.100
All carriers must include in the contracts information about the External Review of Experimental or Investigational
Treatment Adverse Determinations in compliance with Section 28.100.
The title and language of the provision must be included in the form in the same format and order established
in Section 28.100.
Binding Nature of External Review
Decision
Chapter 28 / Health Insurance
Code
§ 28.110
All carriers must include in the contracts language in compliance with Section 28.110.
Funding of External Review
Chapter 28 / Health Insurance
Code
§ 28.170
All carriers must include in the contracts information about the Funding of External Review in compliance with
Section 28.170.
The title and language of the provision must be included in the form in the same format and order established
in Section 28.170.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
9 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Off-label Use
Chapter 52/ Health Insurance
Code
§ 52.040(A)
A health plan that provides coverage for drugs shall provide for the dispensation of any drug covered, regardless of
the disorder, injury, illness, condition, or disease for which they were prescribed, provided, that (1) the drug has
been approved by the FDA for at least one indication, and (2) the drug is recognized for treatment of the disorder,
injury, illness, condition, or disease in one of the standard reference compendia or in substantially accepted peerreviewed medical literature.
Off-label Use
Chapter 52 / Health Insurance
Code
§ 52.040(B)
Coverage of a drug shall also include medically necessary services associated with the administration of the drug.
Newborn and Newly Adopted
Children and Children Placed for
Adoption
Chapter 54 / Health Insurance
Code
§ 54.050(A)
§ 54.050(B)
For parent and child/children and/or family coverage, the policy or contract form provides coverage for:
(1) A newborn child of a enrollee from the moment of birth; or
(2) A newly adopted child of a enrollee from the earlier of:
(a) The date of placement in the home of the enrollee for the purpose of adoption and continues in
the same
manner as other dependents of the enrollee unless the placement is disrupted prior to legal adoption and the child is
removed from placement;
(b) The date of entry of an order granting the enrollee custody of the child for purposes of adoption; or
(c) The effective date of adoption.
The coverage shall include coverage of injury or sickness healthcare services including the necessary care and
treatment of medically diagnosed congenital defects and birth abnormalities; and is NOT subject to any preexisting
condition exclusion.
The language of this section must be included in the contract in the same format and order established in
Section 54.050(A) and (B).
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
10 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Newborn notice
Chapter 54 / Health Insurance
Code
§ 54.060(A)
For a newborn child, the carrier shall provide covered enrollees with reasonable notice of the following:
(1) If payment of a specific premium or subscription fee is required to provide coverage for a newborn child, the
health plan may require the enrollee to notify the carrier of the birth of the child and furnish payment of the required
premium or fees within thirty (30) days after the date of birth.
(2) If notice and the payment described above are not provided, the carrier may refuse to continue coverage for the
child under the health plan beyond the thirty (30)-day period. However, if within four (4) months after the birth of
the child the enrollee makes all past-due payments, coverage shall be restored.
(3) If payment of a specific premium or subscription fee is not required to provide coverage for a newborn child, the
carrier may request notification of the birth of the child, but shall not deny or refuse to continue coverage if the
enrollee does not furnish the notice.
The language of this section must be included in the contract in the same format and order established in
Section 54.060(A).
No Surprised Bills
Chapter 48 / Health Insurance
Code
§ 48.050(A)
Every insurer must update its website within twenty (20) days after adding or excluding a provider to its network or
making any change in the affiliation of a doctor to a facility, provided that, in the case of a change in enrollment, the
insurer has received notice of such change.
No Surprised Bills
Chapter 48 / Health Insurance
Code
§ 48.050(B1)
Every insurer must, in accordance with state or federal law in force, provide the covered person:
1. A clear and understandable description of the plan's out-of-network health benefits, including the methodology
used by the entity to determine the allowed amount for out of network services;.
No Surprised Bills
Chapter 48 / Health Insurance
Code
§ 48.050(B2)
2. the allowed amount that the plan will reimburse under that methodology and, in cases where a covered person
requests the allowable amounts associated with a specific procedure code, the portion of the allowed amount that
the plan will reimburse and the portion of the allowed amount to be paid by the covered person, including an
explanation that the covered person will be required to pay the difference between the allowed amount as defined by
the insurer's plan and charges billed by an out-of-network provider;
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
11 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
No Surprised Bills
Chapter 48 / Health Insurance
Code
§ 48.050(B3)
3. examples of anticipated costs for services out-of-network frequently billed
No Surprised Bills
Chapter 48 / Health Insurance
Code
§ 48.050(B4)
4. information, in writing and via the website, that reasonably allows a covered person or potential covered person
calculate the anticipated cost for out-of-network services, based on the difference between the amount the insurer
reimburse for out-of-network services and the usual and customary cost of out-of-network services;
No Surprised Bills
Chapter 48 / Health Insurance
Code
§ 48.050(B5)
5. when requested by a covered person, information about whether a health or medical service provider is a member
of the network;
No Surprised Bills
Chapter 48 / Health Insurance
Code
§ 48.050(B7)
7. access to a direct telephone line that will operate no less than sixteen (16) hours a day, seven (7) days a week, to
so consumers can call to find out about network status and costs.
No Surprised Bills
Chapter 48 / Health Insurance
Code
§ 48.050(C)
C. If an insurer authorizes an in-network health or medical service provider to perform a covered service under any
health plan, and the provider's or facility's status changes to out-of-network before it is performed authorized
service, the insurer will notify the covered person as soon as possible. If the insurer does not provide notice at least
thirty (30) days before the authorized service is performed, the financial responsibility of the covered person will be
limited to the financial responsibility that would have been incurred if the provider had been in-network. of the
person's health plan.
No Surprised Bills
Chapter 48 / Health Insurance
Code
§ 48.050(D)
D. Every insurer will add to your Benefits Information, to all reimbursement correspondence to the covered person,
and to the provider, a clear and concise notice that inadvertent and involuntary out-of-network charges are not
subject to collection or billing beyond the financial responsibility incurred under the terms of the contract of service
within of the network. Any attempt by the provider to charge or bill must be reported
immediately to the insurer's customer service department, at the telephone number that the insurer will provide in
the Benefits Information and all correspondence regarding
reimbursement to the covered person.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
12 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
No Surprised Bills
Chapter 48 / Health Insurance
Code
§ 48.120
A. Every insurer shall provide each covered person with written notice, in the form and manner prescribed by the
Commissioner of Insurance, regarding the protections provided to covered persons pursuant to this Chapter. The
notice will include information about
how a consumer may contact the Office of the Commissioner of Insurance to report or dispute an out-of-network
charge. This notice will also be published on the insurer's website.
Newly adopted child or child placed
for adoption notice
Chapter 54 / Health Insurance
Code
§ 54.060(B)
For a newly adopted child or child placed for adoption, the carrier shall provide enrollees with reasonable notice of
the following:
(1) If payment of a specific premium or subscription fee is required to provide coverage for a newly adopted child or
child placed for adoption, the health plan may require the enrollee to notify the carrier of the adoption or placement
for adoption and furnish payment of the required premium or fees within thirty (30) days after coverage is required
to begin under Section 54.050A(2).
(2) If the enrollee fails to provide the notice or make the payment described in the preceding paragraph within the
thirty (30)-day period, the carrier shall treat the adopted child or child placed for adoption no less favorably than it
treats other dependents, other than newborn children, who seek coverage at a time other than when the dependent
was first eligible to apply for coverage.
The language of this section must be included in the contract in the same format and order established in
Section 54.050(B).
Unfair Discrimination against Victims
of Abuse
Chapter 72 / Health Insurance
Code
§ 72.040(A)
The following language in compliance with Section 72.040 must be included in the contract.
It is unfairly discriminatory to:
(1) Deny, refuse to issue, renew or reissue, cancel or otherwise terminate a health plan, or restrict a health plan
coverage or add a premium differential or surcharge to any health plan on the basis of the enrollee's abuse status; or
(2) Exclude, limit coverage, or deny a claim on the basis of the enrollee's abuse status.
The language of this section must be included in the contract in the same format and order established in the
Section 72.040(A).
Evidence of Coverage
Chapter 19/ Insurance Code
§ 1908
Evidence of coverage must be submitted in compliance with this section. If the contract will be use as the evidence
of coverage, the carrier disclosed this information in the cover letter.
OTHER REQUIREMENTS FOR HEALTH SERVICES ORGANIZATIONS
Yes
No
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
13 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Prohibited words
Chapter 19/ Insurance Code
§ 1915(4)
No health service organization may use in its name, contract or literature, any of the words "insurance",
"contingency", "guaranty", "mutual", or any other word describing insurance, contingency or guaranty business,
deceitfully similar to the name or description of any insurance or guaranty corporation doing business in Puerto
Rico. The terms "insurer"," insured", "insurance", "insurance company", "policy", "insure" cannot be
use.
Yes
No
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
14 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Coverage for Albinism and
Hermansky-Pudlak Syndrome
Act No. 109
December 22, 2022
Private health plans must include in their special coverage the condition of albinism and the genetic disorders that
can cause it. Provide for direct access to providers and specialist doctors, as well as those medications, treatments,
therapies and tests that are not experimental or genetically modified, scientifically validated as effective and
recommended to diagnose and treat the condition, without the need for a referral. Coverage must include the cost of
HPS type 1 genetic testing.
NEW!
Down Syndrome amendment
Act No. 13
March 25, 2022
Clarify its scope. The cover must be from birth. Therapeutic services with a remedial approach shall include, but
shall not be limited to, physical therapies, speech therapies, occupational therapies, and any other necessary therapy
recommended by a health professional authorized to practice such profession in Puerto Rico or the United States, in
the quantities and frequency prescribed by the professional or specialist.
NEW!
Psicologist uniform definition
Act No. 79
December 30, 2021
Establish the definition of the term “Psychologist” or “Psychologist” established by Law 194, supra, and Law 296,
supra, are uniform with the definition of said term established by Law 408-2000, as amended, known as the “Law of
Puerto Rico Mental Health. Also amends Law 220-2012 and Law 239-2012
Psicologist uniform definition
Act No. 79
December 30, 2021
Section 1
Subsections (n) and (q) of Section 2 of Act 194-2000, as amended, are amended to read as follows: (n) "Health
Professional" – shall mean any practitioner duly admitted to practice in Puerto Rico, in accordance with
applicable laws and regulations, any of the health and medical care professions, such as, but not limited to,
physicians, surgeons, podiatrists, naturopathic doctors, chiropractors, optometrists, psychologists, dentists,
pharmacists , nurses, audiologists and medical technologists, as authorized by the corresponding laws of Puerto
Rico.
Psicologist uniform definition
Act No. 79
December 30, 2021
Section 1
q) “Psychologist” - means the professional licensed by the Board
Examiner of Psychologists of the Commonwealth of Puerto Rico, as defined in Act No. 96 of June 4, 1983, as
amended, known as the "Act to Regulate the Practice of the Profession of Psychology in Puerto Rico", which has
training, knowledge, skills, and experience in providing services including, but not limited to: prevention,
description or diagnosis of behavior, psychological evaluation, therapeutic intervention with psychological problems
of various levels of severity and consulting concerning the intellectual, emotional, behavioral, interpersonal, family,
social and occupational functioning of individuals and groups.
The license conferred by the Board explicitly requires all
professional psychologist to practice according to their training and competencies under the legal provisions and the
ethical norms that regulate this practice in Puerto Rico.
Puerto Rico Laws
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
15 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Medical Emergency Techniciansparamedics
Act No. 69
December 27, 2021
Item 5 of Article 19.030 of the Insurance Code is amended to read as follows: (5) Every health service organization
that provides health services must include, as part of its coverage, if there is medical justification according to the
criteria established in the protocols created by the Department of Health and according to the home care plan. , to
people who require a ventilator to stay alive, a minimum of one daily shift of eight (8) hours of nurses or nurses; or
paramedical emergency medical technicians (TEM-P), duly licensed. In addition, duly licensed emergency medical
technicians-paramedics (TEM-P) must have approved and validated courses, certifications and training or the skills
and knowledge requirements established by regulation by their respective Examining Board related to the care and
management of said patients. and its medical equipment as authorized in this Law.”
Protection against surprised medical
bills - New Chapter 48 Health
Insurance Code of Puerto Rico
Act No. 134
September 1, 2020
The purposes of stopping the so-called "surprise bills" in the
billing of health plans, establish consumer protections, transparency, cost control and responsibility, out of network
providers; and for other related purposes.
Braille system (Blind) evidence of
cover and ID card
Act No. 162
December 30, 2020
Article 19.080 of the Insurance Code is amended to read as follows: (1) (a) Each subscriber is entitled to evidence
of coverage. If the subscriber obtains coverage through an insurance policy, the insurer will issue the evidence of
coverage. Otherwise, the health service organization will issue the evidence of coverage. In the case of blind
subscribers the evidence of coverage and the identification card will be issued in the Braille system
Clinical Review Criteria
Act No. 142
October 9, 2020
Amends Section 2.030 (E) of
the Health Insurance Code
E. "Clinical Review Criteria" means the written screening procedures, decision summaries, clinical protocols, and
practice guidelines used by the health insurance organization or insurer to determine the medical necessity and
appropriateness of the medical service. health care. These practice guides are not mandatory for the Health
Professional in the exercise of their functions when providing any health care service in accordance with state and
federal laws and corresponding regulations; and as long as the service provided is recognized by the generally
accepted standards of health and medical practice, in the light of modern means of communication and teaching.
The professional diagnosis will be the guiding and exclusive criterion to determine the treatment to be followed in a
patient. Therefore, professional judgment cannot be altered by the insurer. Notwithstanding the foregoing, the
provisions of this subsection must comply with federal laws and regulations on the matter.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
16 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Requirements and Procedures for
Approval of Medical Exceptions.
Act No. 142
October 9, 2020
Amends Section 4.070 (B) 1st
paragraph of the Health
Insurance Code
B. The health insurance organization or insurer that provides prescription drug benefits, the PBM or any other entity
to which the administration of pharmacy services has been delegated, will have the obligation to offer immediate
temporary coverage for an initial prescription. of the prescription drug during the medical exception request process
and until you notify your final determination in writing, when the physician or health care professional who issued
the prescription establishes in writing that the requested prescription drug is medically necessary for the treatment
of the illness or condition of the covered or insured person; even when said prescription drug is one of which is
excluded from the drug formulary of the covered or insured person's medical plan or is subject to a prescription drug
management procedure established in this Article. The health insurance organization or insurer that provides
prescription drug benefits, the PBM or any other entity to which the administration of pharmacy services has been
delegated, must pay the pharmacy the initial prescription of the dispensed medication, in what the insurer awards
the prescription drug coverage. The pharmacy may submit an electronic invoice to the insurer for the payment of the
initial prescription for dispensed drugs and the insurer will be required to accept electronic invoicing and may not
require a physical or paper invoice as a condition for payment. Thus, under no circumstances will the covered or
insured person be deprived of their prescription drug while they are in the process of requesting medical exceptions
as established in this Article, or the presentation of a complaint in accordance with the Chapter on Internal
Complaint Procedures of Health Insurance Organizations or Insurers of this Code. This rule for temporary coverage
of initial prescription drug prescriptions will not affect existing regulations on transitional drugs. Notwithstanding
the foregoing, the provisions of this subsection must comply with federal laws and regulations on the matter.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
17 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Requirements and Procedures for
Approval of Medical Exceptions.
Act No. 142
October 9, 2020
Amends Section 4.070 (B) 2nd
paragraph of the Health
Insurance Code
Any health insurance organization or insurer that provides prescription drug benefits, pharmacy benefits manager or
administrator or any entity to which the administration or management of pharmacy services or benefits has been
delegated, will include in the calculation or in the requirement of contribution or cost sharing (“cost sharing, out-ofpocket maximun”), any payment, discount or item that is part of a financial assistance program, discount plan,
coupons, or any contribution offered to the insured by the manufacturer. These items will be considered for the
exclusive benefit of the patient in the calculation of their contribution, out-of-pocket expenses, co-payments, coinsurance, deductible or in compliance with shared contribution requirements. These contributions, discounts and
coupons from the manufacturer will be available and may be used in all health providers, according to the
requirements of the program, regardless of the place of acquisition of the discount or coupon. The use of the
accumulator of benefits, maximizer or any other similar program that has the effect of implementing a restriction on
liability established in this subsection is prohibited.
Requirements and Procedures for
Approval of Medical Exceptions.
Act No. 142
October 9, 2020
Amends Section 4.070 (E) (1) of
the Health Insurance Code
1) The procedure for requesting medical exceptions provided in this Article shall require that the health insurance
organization or insurer that provides prescription drug benefits, the PBM or any other entity to which the
administration of the pharmacy services, make the determination regarding a request submitted and notify said
determination to the covered person or insured, or his personal representative, with the urgency required by the
medical condition of the covered person or insured, but in no case may the notification Exceed forty-eight (48)
hours from the date of receipt of the request, or the date of receipt of the certification, in the event that the health
insurance organization or insurer requests it in accordance with section B (2) , whichever is later of the dates. In the
case of controlled medications, this term should not exceed twenty-four (24) hours.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
18 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Special Law to Ensure Access to
Treatment and Diagnosis of Cancer
Patients in Puerto Rico.
Act No. 79
August 1, 2020
Section 5
Every insurer or health insurance organization that provides individual or group medical plans must have coverage
available that includes mandatory treatments, medications and diagnostic tests, included in the guidelines of the
National Comprehensive Cancer Network ("NCCN Guideliness" ) and / or approved by the Food and Drug
Administration (FDA, for its acronym in English), as well as those necessary to attend and minimize its adverse
effects, subject to the provisions of this Law. The “Local Coverage Determinations-LCD from First Coast Service
Options, INC ”,“ Medicare Approved Compendia List ”,“ National Coverage Determations Alphabetical Index ”,“
Milliman Care Guidelines ”and ASES Internal Guidelines.
Nothing provided in this Article shall be understood as prohibiting an insurer or health insurance organization from
providing services, or including coverage of drugs or tests that are broader than those described herein.
Special Law to Ensure Access to
Treatment and Diagnosis of Cancer
Patients in Puerto Rico.
Act No. 79
August 1, 2020
Section 6
Any individual or group medical plan that includes the prescription or coverage of medications, treatments and
diagnostic tests must submit approval or denial of medications, treatments and diagnostic tests listed in the
guidelines of the National Comprehensive Cancer Network (“NCCN Guideliness ”) Or those approved by the Food
and Drug Administration (FDA), within a term of 24 to 72 hours of receipt of the request or within a term of 24
hours, if it is a case marked urgent or expedited. Provided that, of the individual or group medical plan, not issuing
its determination within said term, it will be understood that the medications, treatments and / or diagnostic tests
were approved by the same.
Special Law to Ensure Access to
Treatment and Diagnosis of Cancer
Patients in Puerto Rico.
Act No. 79
August 1, 2020
Section 7
Any medical plan, individual or group, that requires the appointment of a primary care provider, may allow the
appointment, in cancer patients, of a doctor specialized in oncology, as primary care provider; as long as that health
professional consents to such designation.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
19 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Special Law to Ensure Access to
Treatment and Diagnosis of Cancer
Patients in Puerto Rico.
Act No. 79
August 1, 2020
Section 8
The rights established in this Act will be additional to those provided by Act 275-2012, as amended, known as the
"Bill of Rights of Cancer Patients and Survivors", and will have the scope and will be governed in accordance with
the requirements and procedures provided by Public Law 111-148, known as the “Patient Protection and Affordable
Care Act”, Public Law 111-152, known as the “Health Care and Education Reconciliation Act” and the federal and
local regulations adopted under this and any other law or regulation that is successor or applicable at the federal or
local level.
Every patient will have the right to receive the treatment that his doctor recommends, without limitations by the
insurers, that the patient receives a more effective and cutting-edge treatment, available in the market, in accordance
with the coverage and protocols designed to the protection of Articles 5 and 9 of this Law.
The policies, contracts, certificates or agreements offered or issued in Puerto Rico by a health insurance
organization or insurer to provide, deliver, process, pay or reimburse the cost of health care services, treatments,
medications or diagnostic tests included as mandatory and uniform, they will not provide that the final interpretation
of the terms of the contract will be subject to the discretion of the health insurance organization or insurer, nor will
they contain interpretation or review rules that contravene the provisions of this Law.
To amend Law No. 168 of 2018, Law
for the use of Telemedicine in Puerto
Rico.
Act No. 68
July 16, 2020
Amends Act No. 168
August 1, 2018
Section 13 (1), (2)
The provisions included below regarding the practice of telemedicine and telehealth will apply as a result of the
emergency declaration promulgated by the Governor of Puerto Rico through Administrative Bulletin No. OE-2020-
020 as a consequence of the SARS-CoV-2 coronavirus, known as COVID-19.
(1) Physicians and health professionals covered by this Act may use their own telemedicine or telehealth technology
to care for their patients, without the need to have the corresponding Certification from the Licensing Board or their
respective Examining Board. u Governing Body.
(2) The Examining Board or Governing Body of each health profession covered by this Law, must immediately
establish the basic guidelines to be able to attend patients using telehealth technology and notify the corresponding
group of health professionals so that they can begin to use such mechanisms. No health professional authorized to
practice in Puerto Rico may begin to care for patients using telehealth's own technology, until their respective board
or governing body issues the corresponding guidelines according to the nature of the declared emergency. This
subsection will not apply to doctors authorized to practice telemedicine as established in Joint Resolution 19-2020.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
20 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
To amend Law No. 168 of 2018, Law
for the use of Telemedicine in Puerto
Rico.
Act No. 68
July 16, 2020
Amends Act No. 168
August 1, 2018
Section 13 (3), (4)
(3) All the services offered in accordance with the provisions of this Article will be subject to and will respond to
the same standards of care, competence and professional conduct applicable to the offering of said services in
person. Recording of therapeutic consultations, sessions or conversations is prohibited.
(4) The authorization outlined in this Article does not exempt doctors and health professionals, with the fulfillment
of the requirements of their respective licenses and / or ethical standards, for which they will be subject to the
corresponding sanctions.
To amend Law No. 168 of 2018, Law
for the use of Telemedicine in Puerto
Rico.
Act No. 68
July 16, 2020
Amends Act No. 168
August 1, 2018
Section 13 (5), (6), (7)
(5) Regardless of what is established in this Article, patient privacy will always be respected in accordance with the
provisions of the Health Insurance Portability Accountability Act of 1996 or any other applicable state or federal
statute or regulation. Both the Licensing Board and the Examining Board or Governing Body may adopt all the
measures they deem necessary to ensure that the health providers they regulate protect the privacy of their patients;
These measures must be in accordance with any applicable federal law or regulation.
(6) Health insurance companies, insurers, health service organizations, pharmacy benefit managers or managers, the
Health Insurance Administration (ASES) and related entities contracted by them, will be required to include within
the coverage basic and pay from state or federal funds those diagnostic tests and / or medical treatment present or
future to treat COVID-19, according to the prices established by the Center for Medicare & Medicaid Services
(CMS) of the Department of Health and Human Services from the United States. Likewise, the ASES will temper its
requirements to eliminate the signature of the primary physician on a prescription, referral and medical order.
(7) As a measure to reduce personal contact, contagion and discourage citizens from going to doctors' offices,
pharmacies are ordered to dispatch refills of those chronic medications even if the patient does not have available
refills or a new prescription . For this, the patient must show the empty medicine bottle in which the dose and the
identity of the patient are specified. Medicines classified as controlled in classifications II, III, IV or V by federal or
state laws or regulations, as well as narcotics regardless of their classification, are excepted from the foregoing.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
21 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
To amend Law No. 168 of 2018, Law
for the use of Telemedicine in Puerto
Rico.
Act No. 68
July 16, 2020
Amends Act No. 168
August 1, 2018
Section 13 (8), (9), (10), (11)
(8) Any permanent or temporary building that is enabled in a service facility to attend in isolation to patients with
symptoms of this virus, will be considered for all relevant legal purposes as an extension of health services in which
it is located.
(9) As long as this COVID-19 emergency persists, any doctor or health professional who is authorized by law to
prepare prescriptions, referrals, medical order or order treatments, tests or examinations to the patient, may send the
prescription, referral or order by photography or any other electronic method and the service provider that receives it
will be obliged to accept it. The prescription must be sent directly by the doctor or health professional, for which
reason prescriptions sent by photographs to the patient directly will not be accepted.
(10) The doctors and health professionals authorized here will keep all the information necessary to document the
services provided. In order to avoid insurance fraud, insurance companies, health service organizations and ASES
may carry out the pertinent verifications to corroborate that, in effect, the services have been provided by the
telemedicine or telehealth means themselves.
(11) The doctors and health professionals authorized here must comply with the informed consent provisions
established in this Law.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
22 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
To amend Law No. 168 of 2018, Law
for the use of Telemedicine in Puerto
Rico.
Act No. 68
July 16, 2020
Amends Act No. 168
August 1, 2018
Section 13 (12)
(12) Billing:
(a) Any doctor or health professional authorized to practice in Puerto Rico may bill the services provided using
telemedicine or telehealth technology and health insurance companies, insurers, health service organizations,
administrators or managers of pharmacy benefits , the ASES and related entities hired by them, will be obliged to
pay it as if it were a face-to-face consultation. For these purposes, they will have to provide physicians and health
professionals who so request with the corresponding codes for billing for health services provided using the
technology of telemedicine or telehealth. No health insurance company, insurers, health service organizations,
pharmacy benefit administrators or managers, the ASES or related entities, may refuse to pay for a service provided
that is not properly codified, if its rules and procedures allow it. create the codes and / or procedures to conform to
the provisions of this Law. In the case of doctors or health professionals who provide their services in accordance
with this Law, but whose services are not duly codified by the ASES or a health insurance company and there is a
statutory, normative, procedural or regulatory impediment to codify it, they may bill for the services provided as they
normally do for a face-to-face consultation, but they must deduct ten percent (10%) from the billing of the total cost.
(b) When the doctor or health professional authorized by this Article, provides their services through medical plans
or health insurance, and the patient receives the services, he or she will be exempt from paying the fixed amount
paid for these services or the copayment that would ordinarily pay in a face-to-face consultation, during the term of
the emergency declared by the Governor as a result of COVID-19.
Law to Regulate Cyber Therapy in
Puerto Rico
Act No. 48
April 29, 2020
"Cyber therapy" is the distance practice of the professions described in the preceding paragraph, in which the
individual-therapist interaction is mediated by technological communication and information tools. They should
include, but are not limited to, diagnostic services, evaluation, analysis, consultation, supervision, information,
education, interpretation and intervention with the needs and expectations of the individual who receives them. The
practice of cyber therapy must take into consideration those aspects as defined by the "Center for Medicare
Services" (CMS, for its acronym in English), so that the consultations made may be considered for reimbursement
by "Medicare" or " Medicaid ”
Law to combat Covid-19
Act No. 43
April 16, 2020
All medical care, study, analysis, diagnosis and treatment of COVID-19, including hospitalization, will be free of
charge for all citizens, regardless of whether they have health insurance or not.
*No health insurance organization, insurer, PBM or third-party administrators may require any copayment,
deductible, pre-authorization or referral to the patient, for medical care, studies, analysis, diagnosis and treatment of
COVID-19, including hospitalization, as long as these services are provided in Puerto Rico.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
23 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Diabetes Equipment and Supplies
Coverage
Act No. 19
January 12, 2020
Amends Act No. 177 of August
13, 2016
Ruling Letter No. CN-2016-209-
AS
Health Plans should include, as part of their basic coverage the supply of a glucose monitor every three (3) years
with replacement of damaged equipment, the supply of one (1) glucagon injection and replacement of it in case of
use or expiration, and a minimum of one hundred and fifty ( 150) strips and one hundred and fifty (150) lancets
each month for patients diagnosed with type I diabetes mellitus by a specialist in pediatric endocrinology or
endocrinology.
The coverage should also include the portable insulin infusion pump or microinfuser, as therapy for patients
diagnosed with Type I Diabetes Mellitus.
Section 4 of Law 177-2016, as amended, is amended to read as follows:
“Once the patient has been diagnosed with the condition of type I diabetes mellitus, for the patient to receive the
benefit established under this Law, they must submit a prescription properly Issued by a medical practitioner duly
authorized to practice the profession within the jurisdiction of Puerto Rico so that a pharmacist will dispense in his
original box duly sealed the authorized monthly strips and lancets under this Act.”
Ruling Letter No. CN-2016-209-AS: Coverage must clearly indicate that the carrier will cover the glucometer
brand ordered by the endocrinologist whenever there is a justification submitted. With regard to coverage for the
insulin infusion pump, the selection of the brand of this device will be determined by the endocrinologist based on
the age of the enrollee, the level of physical activity of the enrollee, and the enrollee's and/or the caregiver’s
knowledge regarding the condition.
Law on the Right to Effective
Detection of Breast Cancer
Act No. 10
January 3, 2020
Every insurer or health services organization will provide, as part of the benefits of preventive care of its basic
coverage, mammograms and other breast cancer diagnosis and detection tests, according to acceptable practices, in
accordance with the following:
a.a baseline mammogram, for women between thirty-five (35) and thirty-nine (39) years,
b.an annual mammogram for women forty (40) years of age or older
c.an annual mammogram, follow-up treatment or supplementary diagnostic tests:
i.
to women of forty (40) years of age or older, who have breasts of tissue classified as heterogeneously dense or
extremely dense, as determined by mammography by a radiologist, based on the breast density scale of the Image
and System Projection Report Breast Imaging Reporting and Data System, BI-RADS, promulgated by the American
College of Radiology
ii.to women at high risk of developing breast cancer because:
1.to your family history
2.to his own history as a cancer patient
3.presence of high-risk markers in your genetic profile or
4.Some other factor determined by your doctor.
Follow-up treatment or supplementary diagnostic tests for the detection of breast cancer in women aged forty (40) or
older, who have breasts of tissue classified as heterogeneously dense or extremely dense, may include, but is not
limited to the list of content criteria established in this law.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
24 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Ambulance ground transportation
coverage for medical emergencies
Act No. 129
August 1, 2019
Every insurer, health service organization or other health plan provider authorized to operate in Puerto Rico must
include in its basic plan or insurance, the ambulance ground transportation cover for medical emergencies.
Transportation service through the 9-1-1 Emergency System, due to a medical emergency, must be paid to the
ambulance provider directly for the cost of transportation.
Any entity responsible for the health of a patient shall be obliged to honor, at a minimum, the rates established by
Regulation of the Bureau of Transportation and other Public Services (Negociado de Transporte y otros Servicios
Publicos), attached to the Puerto Rico Public Service Regulatory Board (Junta Reglamentadora de Servicio Público
de Puerto Rico).
Law 383-2000, known as the "Law to Prohibit Health Plans, Nonprofit Organizations Offering Health Services," is
repealed, for being in conflict with the provisions contained in this Law.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
25 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Treatment of hyperbaric oxygenation
to people diagnosed with Autism
Act No. 63
July 19, 2019
Health plans must include, as part of their coverage, the treatment of hyperbaric oxygenation to people diagnosed
with Autism Spectrum Disorder, provided that it is recommended by a certified medical or healthcare professional
and the treatment is allowed by law and federal regulations.
Telemedicine
Act No. 168
August 1, 2018
The policy or contract form may, if applicable, provide coverage for a telemedicine program. In such case, the policy
or contract form should include:
1. The definition of telemedicine in compliance with Act No. 168 -2018, and
2. A description of the telemedicine program, including how the covered persons can access the program.
3. If the coverage is subject to deductibles, copayments, and/or coinsurance, the same shall be disclosed.
Down syndrome
Act No. 97
May 15, 2018
The policy or contract form shall cover tests, not limited to, genetics, neurology, immunology, gastroenterology and
nutrition. Also, shall cover visits and tests referred by a physician, and therapeutic services with a remediative
approach to independent living or assisted living for adults over 21 years of age.
The carrier will not rescind, refuse, deny coverage or services if an insured is diagnosed with Down Syndrome.
The carrier will not cancel an existing health policy if one of the beneficiaries is diagnosed with Down Syndrome
and it was unknown at the time of obtaining the policy.
Phenylketonuria (PKU)
Act No. 139
August 8, 2016
Health plans must include as part of the basic coverage, the "Phenylalanine Free Amino Acids Preparation" for
enrollees diagnosed with the genetic disorder called phenylketonuria (PKU), with no enrollee age exclusions.
This mandatory coverage is in addition to the recommended preventive service of screening for the genetic
disorder (PKU) in newborns.
Human Immunodeficiency Virus
(HIV)
Act No. 45
May 16, 2016
Health plans must include, as part of the basic coverage, an HIV test a year as part of the routine studies for any
medical evaluation, except for pregnant women to which apply the following requirements as established by the
USPSTF:
1) A first HIV test during the first trimester of pregnancy at the first prenatal visit, and
2) A second test during the third trimester of pregnancy (between the (28) and (34) weeks of pregnancy.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
26 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Technological equipment
Act No. 62
May 4, 2015
Amends Act No. 125 of
September 21, 2007
Health plans must include, as part of the coverage, the technological equipment whose use may be necessary to
maintain the user alive, a minimum of one (1) daily eight (8) hour shift of nursing services provided by skilled
nurses knowledgeable in respiratory therapy or specialists in respiratory therapy with nursing skills, the supplies
needed to operate technological equipment and the physical and occupational therapy needed to develop the motor
skills of these enrollees.
For the purposes of this law, a user shall be understood to be those who use medical technology as well as children
with tracheotomy to breath, and whose operation depends on medical equipment, ventilator or supplemental oxygen
and those who have started treatment as minors and meet twenty (21) years and who received medical services or
receive home care, continue to receive these services after serving twenty (21) years of age.
Cancer
Act No. 275
September 27, 2012
Section 3(A)(g)
No carrier shall reject or deny any treatment agreed upon and/or included as part of the terms and conditions of the
contract signed by the parties when a medical recommendation to such purposes so require. Physicians, carriers and
providers shall not reject or deny treatment such as hospitalization, diagnosis, and medication to any cancer patient
enrollee. With regard to cancer survivors, carriers and healthcare plans providers shall not deny coverage for the
treatment and frequent and permanent monitoring of the physical health and emotional wellbeing of the enrollee.
Cervical cancer
Act No. 275
September 27, 2012
Section 3(E)(c)
Coverage shall include pelvic exams and all types of vaginal cytology that may be required by a physician to detect,
diagnose, and treat early stages of abnormalities that may lead to Cervical Cancer.
Breast cancer
Act No. 275
September 27, 2012
Section 3(E)(d)
Every health plan shall provide extended coverage for the payment of breast cancer screening and testing such as
visits to specialists, clinical breast exams, mammograms, digital mammograms, magnetic resonance mammography
and breast ultrasounds, and treatment including, but not limited to, mastectomy (including males), breast
reconstruction after mastectomy, reconstructive surgery of the other breast to achieve symmetry, breast prosthesis,
treatment for physical complications at all stages of mastectomy, including lymphedema (swelling that sometimes
occurs after breast cancer treatment), any reconstructive surgery after mastectomy that may be needed for the
physical and emotional recovery of the enrollee.
Human papilloma virus (HPV)
vaccine
Act No. 255
September 15, 2012
Health plan shall cover the vaccine against the human papilloma virus (HPV) for males and females; according to
the recommendations of the Advisory Committee on Immunization Practices (ACIP) and the Centers for Disease
Control and Prevention (CDC).
HPV vaccination beginning at age 9 years for children and youth with any history of sexual abuse or assault who
have not initiated or complete the 3 doses series (ACIP recommendation).
No cost sharing is applicable.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
27 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Psychology professionals services
Act No. 239
September 13, 2012
Health plans shall include services provided by psychology professionals trained by education with a master degree
or PhD, trainings and experience to provide health care services, duly licensed by the Puerto Rico Board of
Psychologist Examiners.
Autism Spectrum Disorder
Act No. 220
September 4, 2012
Section 15
Every health plan shall provide coverage for the treatment of autism. This coverage should include, but not limited
to, genetics, neurology, immunology, gastroenterology and nutrition; speech, language, psychological, occupational,
and physical therapies; and will include physician office visit and the medical tests referred by them.
Screening tests
Act No. 218
August 30, 2012
Sections 2 and 3
As part of their coverage carriers shall include, without this constituting a limitation, access to tests of: cancer, high
blood pressure and cholesterol, diabetes, osteoporosis, and sexually transmitted diseases.
Chemotherapy
Act No. 107
June 5, 2012
Section 1
A health plan that provides coverage for treatment of chemotherapy against cancer must also provide coverage of
the chemotherapy against cancer in their various methods of administration of the drug, such as intravenous, oral,
injectable track or intrathecal route; according to the order of the specialist doctor or oncologist.
Designation of Primary
Care Provider and Direct Access to
OB/GYN Services
Act No. 161
November 1, 2010
Section 6(i)
A health plan must cover direct access to gynecology and obstetrics care services without requiring referrals or
previous authorization, insofar as such physician participates in the network of the healthcare providers.
Designation of Primary Care Provider
and access to pediatricians
Act No. 161
November 1, 2010
Section 6(j)
A health plan providing coverage for a minor as an enrollee must allow the parent or tutor to select a pediatrician as
his/her primary care provider, insofar as such pediatrician participates in the network of healthcare providers.
Prescription Opioid Drugs
Act No. 140
September 22, 2010
A health plan shall include, as part of the coverage, the medication known as buprenorphine for treatment of opioid
dependence in the “Medicaid Preferred Drug List,” or the preferred drug list.
Bariatric surgery
Act No. 212
August 9, 2008
All carriers shall provide, subject to preauthorization, coverage for one (1) bariatric surgery per lifetime for the
treatment of morbid obesity using one of the following techniques: gastric bypass, adjustable gastric band or sleeve
gastrectomy. The intragastric balloon technique is excluded from the law.
The carrier may require a waiting period that shall not exceed twelve (12) months, before cover for the benefits
stipulated in this act. For the preauthorization of these services, the first treatment for the morbid obesity should be
dietetic and in changes in the life style. The physician must document the unsuccessful attempt(s) with nonoperative
medically supervised weight reduction program(s).
For purposes of this act, morbid obesity means a body mass index of at least thirty-five (35) kilograms per meter
squared, or greater. Bariatric surgery refers to the various surgical procedures performed to treat obesity, which can
be practice by the following four techniques: gastric bypass, adjustable gastric band or sleeve gastrectomy or
intragastric balloon.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
28 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Dependents
Act No. 116
July 17, 2008
Amends Act No. 15 of February 27, 2007, in order to correct the scope of the measure and to extend the term of
effectiveness of said act.
Provides that the underwriters of the carriers in Puerto Rico shall accept, in a family coverage, the inclusion as
enrollees of minors whose custody or guardianship has been granted to the grandparents or other participating
family members, and those of legal age who have been declared disabled, whose guardianship has been granted,
when the person to whom custody or guardianship has been granted is the primary enrollee of the health plan.
Naturopathic Physician
Act No. 210
December 14, 2007
A health plan shall provide access to the health services and treatment by a naturopathic physician , if the coverage
provided by the health plan offers any service included in the "spectrum of practice" of a licensed naturopathic
physician, authorized by the Commonwealth of Puerto Rico. Also, the contract must disclose the applicable
copayment or coinsurance.
Audiology
Act No. 127
September 27, 2007
A health plan shall provide access to the health services and treatment by an audiologist, if the coverage provided by
the health plan offers any service included in the "spectrum of practice" of a licensed audiologist physician,
authorized by the Commonwealth of Puerto Rico. Also, the contract must disclose the applicable copayment or
coinsurance.
Respiratory syncytial virus (RSV)
Act No. 165
August 30, 2006
All carriers are required to include in the contract the vaccine against respiratory syncytial virus as part of their
pediatrics coverage.
Chiropractor
Act No. 150
August 8, 2006
A health plan shall provide access to the health services and treatment by a chiropractor, if the coverage provided by
the health plan offers any service included in the "spectrum of practice" of a licensed chiropractor, authorized by the
Commonwealth of Puerto Rico. Also, the contract must disclose the applicable copayment or coinsurance.
Universal Neonatal Hearing Screening
Test
Act No. 311
December 19, 2003
A contract which is available or may be available, renewed, extended, or modified in Puerto Rico by any carrier
with benefits applicable within the contract, shall include coverage for initial hearing screening and for any other
hearing evaluation within the follow-up care related to the hearing screening described in this act. As provided by
the act, the service shall be rendered in Puerto Rico even though the carrier is located outside of Puerto Rico.
The benefits of the Universal Neonatal Hearing Screening Test to newborn babies, as well as the follow-up care
shall be subject to the same co-payment and co-insurance provisions applicable to any other medical service. With
the exception that the benefit of neonatal hearing screening shall be exempted from co-payments/coinsurance or
provisions that limit the maximum amount to be paid by the carrier.
Health Professionals definition
Act No. 148
August 9, 2002
Section 6(d)
A health plan shall provide access to the health services and treatment by a podiatrist, optometrist or psychologist, if
the coverage provided by the health plan offers any service included in the "spectrum of practice" of a licensed
podiatrist, optometrist and clinical psychologist, authorized by the Commonwealth of Puerto Rico. Also, the
contract must disclose the applicable copayment or coinsurance.
AMENDED BY LAW 79-
2021
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
29 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Health Professionals definition
Act No. 194
August 25, 2000
Section 6
Defines “Health Professional” as any practitioner duly allowed to practice in Puerto Rico, according to the
applicable act and regulations, any of the health and medical care health professions including but not limited to,
physicians, surgeons, dentists, pharmacists, nurses and medical technologists, as authorized by the corresponding
act of Puerto Rico.
AMENDED BY LAW 79-
2021
Termination
Act No. 194
August 25, 2000
Section 7(a)
A contract shall contain a clause providing that in cases in which health plan coverage is terminated or cancelled, or
coverage by a provider is terminated or cancelled, the carrier shall notify the enrollee of such termination or
cancellation thirty (30) calendar days before the date such termination or cancellation becomes effective.
Extension of Benefits
Act No. 194
August 25, 2000
Section 7(b)
The contract shall contain a clause providing that subject to payment of premium as required, should the health plan
or the provider terminate coverage, the enrollee may continue receiving the benefits thereof for a transitional period
of ninety (90) days as of the date the health plan or the provider terminates coverage.
1. In those cases in which the enrollee is hospitalized at the time of the date of said termination of coverage, and the
release of the enrollee from the hospital has been scheduled for a date preceding the date of termination of coverage,
the transition period shall be extended from said date to ninety (90) days after the date the enrollee is released.
2. In those cases in which the enrollee is in her second trimester of pregnancy as of the date of termination of
coverage and the provider has been offering medical treatment pertinent to the pregnancy before the date of
termination of coverage, the transitional period concerning pregnancy-related health care shall be extended to the
date the mother is released from hospital after childbirth, or the date the newborn is released from the hospital, or
both, whichever occurs later.
3. In those cases in which the enrollee is diagnosed a terminal condition before the date of termination of coverage
and the provider has been offering medical treatment pertinent to the condition before said date, the transitional
period shall be extended for the remainder of the enrollee’s life.
Providers that continue the treatment of the enrollees during said period must accept the payments and rates fixed
by the health plan as full payment for services rendered, as well as continue providing the plan with all the
necessary information required for purposes of quality control, and surrender or transfer the medical records
corresponding to the enrollees upon termination of said transitional period.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
30 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Emergency services
Act No. 194
August 25, 2000
Section 8(c)
A health plan shall provide emergency service benefits with no waiting period. The previous authorization of the
carrier shall not be required when providing these emergency services. Furthermore, these services shall be
provided regardless of whether the provider of such emergency services is a participating provider. In the event that
an enrollee is provided services by a provider not contracted by the carrier, the enrollee shall not be held liable for
the payment of services in an amount exceeding the amount applicable if the enrollee had received such services
from a provider contracted by the carrier. The carrier shall compensate the provider offering the services, and the
provider shall be under the obligation to accept said compensation, for an amount not to be less than the agreed with
the providers contracted by the carrier to offer the very same services. Moreover, under these circumstances, such
emergency services shall be provided regardless of the conditions set forth by the corresponding health plan.
Experimental or Investigational
Treatment
Act No. 194
August 25, 2000
Section 9(g)
A health plan shall contain a provision setting forth that the carrier shall pay the routine medical expenses of any
enrollee suffering from a life-threatening condition for which there is no effective treatment, when the enrollee is
eligible for participating in an authorized clinical treatment study pursuant to the study protocol provisions
concerning said treatment, provided the participation of the enrollee offers a potential benefit to he/she and the
physician referring the enrollee believes that participation in said study is pertinent, or the enrollee presents
evidence of the fact that participation in said study is pertinent. Routine medical expenses of the enrollee shall not
be construed to be expenses related to the study, or tests administered to be used as part of the study, or expenses
the entity conducting the study is likely to pay.
HIV/AIDS Virus
Act No. 349
September 1, 2000
Bill of Rights for carriers of the HIV/AIDS Virus in Puerto Rico. Right to the best assistance and treatment, without
any restriction, to guarantee a better quality of life.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
31 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Maternity Care
Act No. 248
August 15, 1999
Any carrier that provides maternity benefits shall provide a minimum coverage of forty eight (48) hours of care in
the hospital facilities in benefit of the mother and her newborn child (or children) if it is a natural birth without
complications, and a minimum of ninety-six (96) hours if she required a caesarean section.
Any decision that has the effect of shortening the period of time provided above shall have to be determined by the
attending purveyor with the acceptance of the enrollee.
If the mother and the newborn are released within a period that is less than what is provided in this section, but in
accordance with the second paragraph, the coverage shall provide for a follow-up visit within the next forty-eight
(48) hours. The services shall include, but shall not be limited to the attention and physical care of the child,
instruction on the care of the child for both parents, help and training on breast feeding, information regarding home
care, and the provision of any treatment, and medical tests for the infant as well as for the mother.
The language of the contract include the act number and its date of approval.
General anesthesia
Act. No. 352
December 22, 1999
A health plan that provides coverage for general anesthesia services, hospitalization services and dental services in the
contract, shall not be able to exclude or deny coverage for general anesthesia to be administered by an anesthesiologist and
hospitalization services when:
(1) when a pediatric dentist, an oral or maxillofacial surgeon who is a member of the medical faculty of a hospital determines
that the condition or ailment of the enrollee is significantly complex according to the criteria established by the American
Academy of Pediatric Dentistry,
(2) when the enrollee, because of his/her age, impediment, or disability, is unable to resist or tolerate pain, or cooperate with
the treatment indicated in the dental procedures,
(3) when the infant, boy, girl, adolescent, or person with a physical or mental impediment has a medical condition in which it
is indispensable to carry out dental treatment under general anesthesia in an ambulatory surgical center or in a hospital, and
that otherwise could pose a significant threat to the enrollee’s health,
(4) when local anesthesia is ineffective or contraindicated because of an acute infection, anatomic variation, or allergic
condition,
(5) when the enrollee is an infant, a boy, a girl, an adolescent, or a person with physical or mental disability, and is in a state of
fear or anxiety that prevents performing the dental treatment under the procedure traditionally used in dental treatments and
the condition is so critical that postponing or deferring treatment would result in pain, infection, loss of teeth, or dental
morbidity,
(6) when an enrollee has received an extensive and severe dental trauma where the use of local anesthesia would jeopardize
the quality of the services or would be ineffective to handle the pain and apprehension.
Preauthorization.
Every carrier that requires preauthorization to provide the general anesthesia and hospitalization services coverage, as
determined by a pediatric dentist, oral or maxillofacial surgeon, shall approve or deny it within two (2) days from the date the
enrollee submits all the documents required by the carrier. The required documents shall be:
(a) the enrollee's diagnosis; (b) the enrollee’s medical condition; and (c) the reasons that justify for the enrollee to receive
general anesthesia to perform the dental treatment.
Yes
No
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
32 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
The services provided under the contract regarding mental conditions must comply with the "Mental Health Parity
Act". There shall be no distinction between a mental disorder and any other medical condition in terms of the
access to the services that persons shall need. In addition, the contract may not include any limitations on visits to a
psychiatrist, collateral visits, group therapy and residential treatments.
Federal Laws
Mental Health Parity Act
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
33 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Obligation to provide Influenza
treatments and tests; Mandatory
immunization coverage
CN-2022-325-D
November 18, 2022
Administrative Order No. 554 - establish the obligation of all health services organization that administers a plan
of public or private health, to provide treatments, medicines and diagnostic tests to the
patients with influenza symptoms.
NEW!
Test rates for the detection of Covid-
19
CN-2022-315-AS
May 10, 2022
Insurers and health insurance organizations should not amend through circular letters or other documents the fees
they pay to their providers for COVID-19 screening tests, or group codes.
NEW!
OCS postal address
CC-2021-1979-D
January 25, 2021
Direccion postal OCS
Oficina del Comisionado de Seguros
361 Calle Calaf
PO Box 195415
San Juan, PR 00919
Edificio World Plaza
268 Ave. Munoz Rivera
San Juan, PR 00918
SELECTION OF INDEPENDENT
REVIEW ORGANIZATION
CC-2020-1977-D
November 18, 2020
Independent External Reviews will be conducted through the independent review body "Maximus Federal Services,
Inc".
Billing Codes for diagnostic services,
sampling and treatment of covid-19
CN-2021-292-D
January 28, 2021
Billing Codes for diagnostic services, sampling and treatment of covid-19
CODES AND FEES OF TESTING
FOR THE DETECTION OF COVID-
19
CN-2020-289-D
December 11, 2020
Insurers and organizations are required to provide the health service providers and / or laboratories that administer
tests for the diagnosis of COVID-19 within a term of five (5) days from the date of this Normative Letter. , the
corresponding billing codes, sample collection codes, and fees for the molecular test, antigen test, and serological
test, respectively.
Personal Protective Equipment Cover
for Dental Services
CN-2020-279-D
June 16, 2020
Insurers and health care organizations are required to include the D1999 code on dental coverage for commercial
health plans.
The D1999 code must be billed by a dentist, under a current contract with an insurer or health services organization,
accompanied by the dental procedure (s) performed per day and which are part of the patient's coverage, after their
in-person visit to the dental office the rate corresponding to this code, which should not be less than $ 35.00 per faceto-face visit to the dental office
Circular and Rulings Letters
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
34 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
AMENDMENT TO REGULATORY
LETTER NO. 2020-274-D
CN-2020-278-D
May 14, 2020
For the purpose of expanding its scope in accordance with the provisions of Joint Resolution 32-2020 and Law No.
48-2020. The provisions of Normative Letter CN-2020-274-D remain in force, as amended by what is established
herein. the patient who receives medical or psychological attention through the use of telemedicine or telephone,
will be exempted from paying shared costs for these services during the term of the Joint Resolution.
PAYMENT TO HEALTH SERVICE
PROVIDERS USE OF
TELEMEDICINE
CN-2020-274-D
April 8, 2020
All health services organizations and insurers that underwrite commercial health plans and Medicare Advantage
honor the payment of services provided by health service providers, whether physical or mental health, through the
use of telemedicine based on the same rate as if the service was provided in person face to face.
AMENDMENT TO REGULATORY
LETTER NO. CN- 2020-265-D
CN-2020-269-D
March 20, 2020
Availability of coverage for the COVID-19 diagnostic test will be provided by insurers and health service
organizations that subscribe to group and individual medical plans in the private sector “free of cost sharing”
(including deductibles, copays and coinsurance) to the insured, in cases where the test is ordered to be performed in
accordance with medical criteria. Neither may it establish prior authorization requirements or other service
utilization management requirements.
Access to Health Services
CN-2020-268-D
March 16, 2020
Grace Period for Premium Payment, Medication Dispatch, Out-of-Network Providers, Pre-authorizations and
Referrals, Telemedicine,
Term for the presentation of claims
GUIDELINES ON CARE FOR
CORONA VIRUS (COVID-19
CN-2020-265-D
March 11, 2020
• Inform their insured on their internet portals and customer service telephone lines about the providers available to
go to receive medical care services.
• Allow free access to providers outside the network, in case of insufficient or unavailable providers
• Provide coverage for emergency health services without prior authorization, regardless of whether the provider is a
participant in your network.
• Provide coverage, free of out-of-pocket cost to the insured (copayments, deductibles or coinsurance), for
immunization services against COVID-19
• Rescind the requirement of pre-authorizations or step treatment, when for reasons of medical criteria a drug is
recommended outside the formulary to treat any health condition associated with COVID-19
Maximum Out of Pocket
Ruling Letter No. CN-2013-159-
AS
October 22, 2013
The Maximum Out of Pocket Limit (MOOP) that carriers should apply in their coverages, as established by the
Commissioner, is $6,350 individual coverage and $12,700 family coverage.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
35 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Meningitis vaccine
Ruling Letter No. 2011-131-AV
September 1, 2011
Require that health plans must include the meningitis vaccine as part of the basic coverage.
Preventive Services
Ruling Letter No. N-AV-7-8-
2001
July 6, 2001
Requires every carrier to offer, as part of basic coverage, an annual medical evaluation that includes preventive
services required by Act No. 296 of September 1, 2000 without any cost sharing beyond the premium originally
established for said plans.
The mentioned act imposes to the Puerto Rico Department of Education the responsibility to ensure that each child
received an annual medical evaluation at the beginning of the school year. Said medical evaluation must include
physical and mental evaluation, oral hygiene, hearing and visual tests, as well as periodic tests recommended by the
American Academy of Pediatrics.
Hospital services
Ruling Letter No. N-AV-12-111-
99
December 20, 1999
Requires that all carriers shall estipulate that in such cases in which an enrollee decides to use a private hospital
room, instead of a semi-private room, he or she will be responsible for the difference in cost that this utilization
represents. In addition, all health plans shall estipulate that unless in the cases of differences in the cost of the
hospital rooms, the providers cannot charge to enrollees in a private rooms different quantities to those that have the
rights to charge if said enrollee was confined in a semi-private room.
HIPAA
Ruling Letter No. N-AV-10-90-
97
November 24, 1997
Establishes that the Health Insurance Portability and Accountability Act (HIPAA) is applicable in our jurisdiction
and preempts the Insurance Code, with regard to the provisions required in the act, which are not provided in said
Code or which are less stringent than the federal requirements.
Ambulance services
Ruling Letter No. N-C-8-71-95
October 13, 1995
Requires that all carriers that provides ambulance services in their coverage must estipulate that the ambulance
companies that will render the services must be authorized by the Puerto Rico Commission of Public Services.
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
36 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
HIV Screening
Circular Letter No. CC-2014-
1848-AS
January 22, 2014
Regarding pregnant women, all carriers are required to cover and will not impose cost-sharing requirements with
regard to the following tests included in the most recent recommendations of the “United States Preventive
Services Task Force (USPSTF):
1) A first HIV test during the first trimester of pregnancy at the first prenatal visit, and
2) A second test during the third trimester of pregnancy (between the 28th and 34th week of pregnancy).
Essential Health Benefits
Circular Letter No. 2013-1825-
D
March 1, 2013
and
Section 2.050(D)(1)
Health Code
All carriers that provide health plans to individuals and small groups, with the exception of grandfathered plans,
large groups and large groups for Bona Fide Associations, will have to include in such plans at a minimum
essential health services known as Essential Health Benefits (EHB). EHB include benefits and services in at least
the following ten categories:
1. Out-patient (ambulatory) services and medical-surgical services
2. Emergency services
3. Hospitalization
4. Maternity and newborn care services
5. Mental health and substance use disorder services
6. Laboratories, X-Rays and diagnostic testing services
7. Pediatric services including the respiratory syncytial virus vaccine, the cervical cancer vaccine, the vision and
dental care
8. Prescribed medication
9. Rehabilitation and habilitation services and equipment
10. Preventive, wellness, and management of chronic disease services
11. Any other mandatory service or benefit required by Commonwealth or Federal laws or regulations
The EHB Benchmark Plan selected for Puerto Rico was Optimo Plus PPO. Exclusively with regard to pediatric
vision services, the rule provides for using the coverage of the Federal Employees Dental and Vision Insurance
Program (FEDVIP) to define the EHB that must be included in health plans.
Coordination of Benefit
Chapter 11 / Insurance Code
§ 11.110(1)
The contract shall include a coordination of benefit provision in compliance with the Coordination of Benefit Model
Regulation of the NAIC.
Medicare Supplement Policies
disclosure notice
Rule L
Regulation of the Insurance
Code
§ 17(D)(1)
Appendix C
Notice related to contracts or certificates which are not Medicare Supplement Policies.
Disclosure Statements. Instructions for use of the disclosure statements for health plans sold to Medicare
beneficiaries that duplicate Medicare.
ADDITIONAL REQUIREMENTS
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
37 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
INDIVIDUAL MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
The contract has been revised to verify that all terms define in the same are actually being use.
The Table of Copayment, Coinsurance and Deductibles of the contract include the cost sharing for all the covered
services. This verification has been performed by the carrier.
The submission include the provided directory in the supporting documentation tab.
The submission include the drug formulary by therapeutic category in the supporting documentation tab.
The drug formulary include contraceptives for each of the types as approved by the FDA.
Exclusions or limitations related to the commission or the attempt to commit a crime or felony clearly indicate that
apply, except if any injury results from domestic violence or a medical condition.
Exclusions or limitations related to service connected injuries or conditions are not included. Language related to
service connected injuries or conditions can be included in a Subrogation clause.
Application Forms
Section 14.100 of the health
insurance code
Section 27.50 of the Insurance
Code
Rule 102 of the Regulations of
the Insurance Code
If the application includes an authorization to disclose non-public personal health information, the authorization
specifies the length of time the authorization will remain valid. The maximum allowable period is 24 months.
The application contains the prescribed fraud warning statement above the insured’s signature.
The application contains a question requiring information with respect to other health insurance, for the
Coordination of Benefits.
If the health plan will be marketed by electronic means, the application must contain the required disclosures
regarding the delivery of all policy documents, the right to obtain a paper copy free of charge and other applicable
disclosures.
Service connected
CERTIFICATION
I ____________________________________ have reviewed or supervised the preparation of the above checklist and certify that the form(s) and/or drug formulary is (are) in compliance with all of the applicable requirements of the Insurance
Code of Puerto Rico, Health Insurance Code of Puerto Rico, Federal and State Laws, Ruling and Circular Letters related to the Individual Market and that the form(s) and/or drug formulary does (do) not contain dispositions previously
disapproved or required to be corrected by the Office of the Commissioner of Insurance of Puerto Rico. I also acknowledge responsibility for the validity, accuracy and completeness of the contents of this checklist, the transmittal letter and
enclosures with the filing.
Signature: _____________________________________________________________________
Date: _____________________________________________________________________
Crime or Felony
Definitions
Table of Copayment, Coinsurance and Deductibles (Contract)
Providers Directory
Drug Formulary
Yes
No
No
Yes
Yes
No
Yes
No
No
Yes
Yes
No
Yes
No
No
Yes
No
Yes
Yes
No
No
Yes
Yes
No
* Page number range are not accepted (i.e. 28-32)
** The absence of explanation may prevent the filing approval.
1 Term use in this attachment to refer to a Disability insurer and an HMO.
38 of 38
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
COMPANY:
FORM NUMBER:
SERFF TRACKING NUMBER:
TYPE OF INSURANCE
(TOI)
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Licensing
§ 303
The carrier1 is licensed to transact disability insurance business or is authorized as a Health Service Organization
in Puerto Rico.
Final Form
§ 1111
The form(s) is(are) in the final format in which it(they) will be issued. No draft, highlighted, redline or watermark
is(are) included in the Form Schedule Tab.
Filings made on behalf of the
carrier by another party
Circular Letter
CC-2015-1870-AV/AS
A letter authorizing the third party to act on behalf of the carrier is included in the Supporting Documentation Tab
and provides the following information:
(a) on carrier's letterhead or include the carrier name in the “Re” line of the authorization;
(b) specifically addressed to the Office of the Commissioner of Insurance of Puerto Rico;
(c) properly executed by an authorized officer of the carrier;
(d) dated; and either
(e) specific to the file submitted for approval by including form number(s); or (ii) generally applicable to all
contract forms filed on behalf of the carrier as long as a copy of such authorization is included in each submission.
Cover Letter-Resubmissions
Rule XXIV
If the form has been previously submitted to the OCI and the file was closed or withdrawn, any resubmission's
cover letter must reference the SERFF tracking number of the previously closed file and address all outstanding
issues in the new cover letter.
The new cover letter shall include a reference where each objection has been addressed within the forms.
If the insurer or health services organization intends to subscribe the health plan by electronic means, it must
mention it in the cover letter.
Updated
Cover Letter
In relation to metallic plans, the cover letter indicate if the carrier will be offering these forms outside the open
enrollment period, with or without waiting period.
ATTACHMENT 7B
REVISED 02/2023
Cover Letter
Yes
No
Yes
No
Yes
No
Yes
N/A
1 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Cover Letter
Circular Letter
CC-2015-1870-AV/AS
Rule XXIV
The filing include a cover letter under the Supporting Documentation Tab in SERFF, which includes:
a. A detailed explanation as to the purpose of the filing, and the intended use for each submitted form.
b. Disclose if form is new or replacement. If it is an amendment, endorsement or rider, the contract it will go with.
c. The signature of a representative of the carrier, authorized to submit forms for filing or approval for the carrier.
d. A description of any innovative or unique features of each form.
e. In the "Re" section, the identification form number of all the forms submitted for approval are displayed with
the same form number that appears in the lower left corner of the form. This means that if the word "Form"
does not appear in the lower left corner then it should not be part of the Form Number on the cover letter.
f. The name of the carrier presenting the submission and is signed by a representative of the carrier authorized to
submit forms for filing or approval.
g. Explanation on whether or not the form is replacing a previously submitted form.
h. If the form replaces a previously approved form, the cover letter identify and explain the material differences or
changes made to the form.
i. indicate the SERFF tracking number of the filing where the rates applicable to the form(s) were submitted.
Variability
(bracketed language)
§ 1111
§ 1112
Forms with variable bracketed information must include all the possible language that might be placed within
the brackets. The use of too many variables will result in filing disapproval, as OCI staff may not be able to
determine whether the filing is compliant with Puerto Rico laws and regulations.
The submission must include a separate detailed Memorandum of Variable Material to explain any variable
material in the form(s). In order to be approved, any form will need to be furnished accompanied by the intended
alternate, replacement, and/or additional language. The use of these brackets, within the approved form, will be
limited to the alternatives filed by the carrier.
Yes
Yes
N/A
No
2 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Variable Language
Blank pages
§ 1111
Brackets around an entire page constitute a "blank” or generic form – not permitted
Redline, highlighted, draft or watermark copies are not approvable and must be placed on the SERFF Supporting
Documentation Tab.
Amendments or Endorsements
§ 1118
The contract may not be modified unless the modification is in writing and agreed to by the party against whose
interest the modification operates.
Rider a Rider
§ 1112
Companies may not “rider a rider”, "endorse and endorsement" or "amend an amendment".
Form Number
A form identification number (consisting of numerical digits, letters, or both) appears in the lower left-hand
corner of the cover page and in all the pages of the form(s). The form identification number is the same in all
pages.
The licensed Puerto Rico carrier’s name appears on the cover page of the form(s), as well as the cover page of
each rider, amendment, application and endorsement form.
Full street address of the carrier’s Home Office (bracketed or underlined to reflect possible future changes) for
disclosure purposes appears on the cover page or back page of the form.
A brief description of the contract (e.g., “individual metallic plan platinum” "small group metallic plan gold")
appears on the form cover page.
The signature of at least one officer of the carrier appears in the first page, in order to execute the contract.
Signatures appearing on contract form(s) can be bracketed to denote variability.
Form(s) does(do) not include inequitable, unfairly discriminatory, misleading, deceptive, obscure, unfair,
encourage misrepresentation, or not in the public interest provisions. Form(s) does(do) not contain inconsistent,
ambiguous or misleading clauses, or contain exceptions and conditions that unreasonably affect the benefits
purported to be provided in the coverage.
Group Status
§ 1701(3)
No group disability insurance policy shall be issued for delivery in Puerto Rico, unless it is in agreement with one
of the descriptions contained in Section 14.010. The Ssubmission letter should include a statement that the
policy or contract form will be sold to a group specified in the Insurance Code.
Grace Period Provision
§ 1703
This provision must be included and must be no less favorable to the insured than the statutory provision.
Certificates
§ 1706
The insurer shall issue to the policyholder, for delivery to each insured person, an individual certificate stating the
protection which the insured person, who will be paid the insurance benefits and the rights and conditions
established in subsections (1), (2), (3) and (4) of § 1707 of this title.
CHAPTER 17 OF THE INSURANCE CODE OF PUERTO RICO (Insurance Code)
Red-lined, highlighted, draft or watermark copies
Cover Page
Unfair, Misleading, Deceptive Provisions.
Yes
Yes
No
N/A
Yes
No
N/A
Yes
No
Yes
Yes
No
Yes
No
No
Yes
Yes
No
3 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Conversion – Right to a New
Contract After Termination
§ 1707
This provision must be included and must be no less favorable to the insured than the statutory provision.
Definitions
§ 2.030
§ 4.030
§10.030
§ 22.030
§ 24.030
§ 28.030
§ 52.030
§ 72.030
§ 48.020
Definitions included in the policy or contract form must comply with Sections 2.030, 4.030, 8.030, 22.030,
24.030, 28.030, 52.030 and 72.030 of the Health Insurance Code. Do not duplicate definitions. Definitions must
be included as long as the contract uses the term. Also, if a same definition is included under more than one law,
the definition must apply to the specific intention of each law.
Updated
Dependents coverage
Sections 2.03(G)
If dependent coverage is selected by the group, this policy or contract form provides coverage of children until the
age of 26.
Conditions limiting the dependent coverage based upon financial dependency, marital status,
enrollment in school, residency or other factors are not applicable.
Also, the definition of "Dependent" must comply with Sections 2.030(G of the Health Code.
Prohibition on Annual and
Lifetime Dollar Limits
§ 2.050 (A)(1)
§ 2.050 (A)(2)
This policy or contract form must not include annual or lifetime limits on essential health benefits.
Preventive Services
§ 2.050(C)
This policy or contract form provides coverage for the following preventive care and screenings for
children and adults with no cost-sharing:
Emergency Services
§ 2.050(F)
This policy or contract form provides coverage for the treatment of an emergency condition in a
hospital:
*Without the need for any prior authorization;
* Regardless of whether the provider is a participating provider;
* Without imposing any administrative requirement or limitation that is more restrictive than that required for
participating provider services, and at the in-network cost-sharing level.
Designation of Primary Care
Provider and access to
pediatricians
Chapter 2 / Health
Insurance Code
§ 2.050(G)
If the policy or contract form requires the designation of a primary care provider, the form permits the designation
of a physician who specializes in pediatrics, when the enrollee is eighteen (18) years old or less, as the child’s
primary care provider, provided that such provider participates in the network of participating providers of the
health plan.
(Only applicable to coverage managed through referrals and the designation of primary care provider is
required)
Designation of Primary
Care Provider and Direct Access to
OB/GYN Services
§ 2.050(H)
If this policy or contract form requires the designation of a primary care provider, it must not require prior
authorization or referral to obtain obstetrical and gynecological care provided by participating providers.
(Only applicable to coverage managed through referrals and the designation of primary care provider is
applicable)
Pre-existing Conditions
§ 2.050 (I)
§ 8.070(C)(1)
No group health plan shall deny, exclude or limit the benefits of an enrollee based on preexisting conditions,
regardless of the age of the enrollee.
HEALTH INSURANCE CODE OF PUERTO RICO (Health Code)
Yes
No
4 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Rescission
§ 2.050(J)
Coverage may only be rescinded
or cancelled for fraud or intentional misrepresentation of material fact.
Notification must be given to the insured (30) calendar days prior to cancellation. Recovery of the provided
services cost is not allowed.
Prescription drugs
§ 4.060(A)(1)(b)
Information indicating which prescription drugs, if any, are subject to a management procedure that has been
developed and maintained is disclosed in the contract.
Changes to the formulary
§ 4.060(A)(2)
The contract shall establish that changes in the formulary or other prescription drug management process during
the term of the contract shall only be made if such change is being made for safety reasons, because the
prescription drug cannot be supplied or has been withdrawn from the market by the drug’s manufacturer, or if
such change entails the inclusion of prescription drugs in the formulary. To such effects, the carrier shall provide
or entrust a third party to provide notice of that change to all enrollees and pharmacies not later than the effective
date of the change.
Formulary Exceptions
§ 4.070
This policy or contract form must provide for a formulary exception process for prescription drugs not on the
insurer’s formulary. The contract must include the Medical Exceptions Approval Process Requirements and
Procedures in accordance to Section 4.070.
The language of this section must be included in the contract in the same format and order established in
Section 4.070.
Disclosure
§ 4.100
The contract, certificate, membership booklet, outline of coverage, evidence of coverage, or any other document
provided to an enrollee shall include the disclosures required in Section 4.100.
Maintenance medications
§ 4.120
The policy or contract form shall establish that for insured's that so require, insofar as it does not jeopardize his or
her health, and at the discretion of the healthcare provider, the healthcare provider may prescribe refills for
maintenance drugs up to a term that shall not exceed one hundred eighty (180) days, subject to the limitations of
the health plan’s coverage.
Waiting period
§ 8.030(O)
Health plans with waiting periods must define the term ‘Waiting Period’ as the period of time that must pass
before coverage for a covered person or enrollee who is otherwise eligible to enroll under the terms of a health
plan can become effective. However, emergency room services will not have a waiting period and the waiting
period for preventive services may not exceed thirty (30) days.
Waiting period
§ 8.070(C)(3)
Health plans of small groups and small group health plans for bona fide associations may not have a waiting
period that exceeds (90) days. However, emergency room services will not have a waiting period and the waiting
period for preventive services may not exceed (30) days. In the case of a health plan that contains a waiting
period, the carrier must reduce it if the enrollee has a creditable coverage, and it has ended on a date not
before(90) days prior to the date of enrollment to the new health plan. The reduction provided shall be for the
entire period of creditable coverage.
Renewal
§ 8.060
The policy or contract form provides that except as specified in § 8.060, the insurer must renew or continue in
force such coverage at the option of the group.
Yes
No
5 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Eligibility
§ 8.070(C)(2)
A carrier may not establish eligibility or renewal rules in a health plan through which it is discriminated by reason
of a factor related to the health of the enrollee. Eligibility rules will be understood as those related to the
following: the subscription in a health plan, the rate, the effective date of the coverage, waiting periods, late
enrollees, special subscription periods, election of benefits, inclusion of dependents or cover termination, among
others.
Pregnancy
§ 8.070(C)(4)
Health plans for small groups or bona fides associations will not impose any exclusion due to pregnancy.
Enrollment Period
§ 8.070(C)(5)
Carriers will allow late enrollees to subscribe according to the terms of the health plan during a special
subscription period if:
(a) The late enrollee was covered by another health plan when the health plan for PYMES or small groups of bona
fide associations was offered, including a health plan in accordance with the provisions of COBRA;
(b) The other health plan held by the late enrollee was terminated in accordance with the eligibility requirements
of said health plan, which include separation, divorce, death, termination of employment, or reduction in the
number of hours of employment or employer contributions to the other coverage have been terminated; and
(c) The late enrollee requests to take advantage of the health plan of employers of PYMES or small groups of the
bona fide association, no later than (30) days from the expiration date of the other health plan.
Enrollment Period
§ 8.070(C)(6)
Any carrier providing a health plan to employers of PYMES or small groups of the bona fides associations will
establish a special period for the enrollment of dependents, during which the dependent and the eligible employee
or member of the bona fide association, if not subscribed by another way, can enroll to the health plan, in the
case of birth, adoption of a child, adjudication of custody or guardianship, or in the case of marriage. The special
enrollment period shall be a period of no less than (30) days and shall begin on the later date of the following:
(a) The date on which the health plan for dependents becomes available; or
(b) The date of marriage, birth, adoption or adjudication of custody or guardianship.
If the eligible employee or member of the bona fide association enrolls the dependent during the first (30) days of
the special enrollment period, the effective date of the health plan shall be as follows:
(i) In the case of marriage, the first day of the month beginning after the date on which the request for enrollment
was received;
(ii) In the case of a dependent’s birth, as of the date of birth; and
(iii) In the case of a dependent’s adoption award of custody or guardianship, the date of the adoption or award.
Yes
No
6 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Minimum participation
requirements - PYMES
§ 8.070(C)(7)
PYMES employer carriers shall not require a minimum participation level greater than:
(a) (100%) of eligible employees working for employers of three (3) or less employees; and
(b) (75%) of eligible employees working for employers with more than four (4) employees.
In applying minimum participation requirements with respect to a PYMES employer, an issuer shall not consider
employees or dependents who have creditable coverage in determining whether the applicable percentage of
participation is met. Individuals covered under a health plan pursuant to continuation provisions of COBRA shall
not be considered.
Issuers shall not increase any requirement for minimum employee participation or modify any requirement for
minimum employer contribution applicable to a PYMES employer at any time after such employer has been
accepted for the health plan.
(Only applicable to PYMES)
Minimum participation
requirements - Bonafide
Associations
§ 8.070(C)(8)
The small group health plans of the bona fide associations will be subscribed through a group health plan issued
by carrier, in favor of the bona fide association, subject to compliance with each of the following requirements:
(a) All members of the bona fide association, employees of the member employer and their dependents shall be
eligible for health plan, regardless of the existence of any factor related to the state of health;
(b) The premium to be charged shall be paid by the members of the enrolled bona fide association;
(c) In order to issue the coverage, the carrier will not require a level of participation that is greater than a minimum
of (25) members of the bona fide association's health plan;
(d) A bona fide association may negotiate and contract the group health plan for the benefit of the members of
said association with one or more carriers. For the bona fide association to contract with more than one carrier,
each member of the bona fide association shall have the right to select, among the available group health plans,
the one that offers the premiums, coverage and benefits that best fit their needs.
(e) Two or more small groups of bona fide associations may be grouped for purposes of negotiating services for
their members. If the grouping exceeds the number of (50) members, the grouped bona fide associations will be
considered as a large group.
(f) No carrier may enroll to health plans for small groups or large groups of bona fide associations that do not
meet all the criteria established in the definition of the Bona Fide Association. Nor can any entity that does not
meet the criteria established in the definition of bona fide association be able to process in any way health plans of
groups of bona fide associations to its members.
(Only applicable to small group health plans for bonafide associations)
Eligibility
§ 8.070(C)(9)
The carrier offering a health plan to an employer of PYMES or small groups of bona fide associations will offer it
to all eligible employees of said employer, members of said association and their dependents. The carrier will not
limit the health plan only to certain eligible employees, members of the bona fide association or dependents of the
group.
Enrollment
§ 8.070(C)(10)
Carriers of employers of PYMES or of the bona fide associations will not establish any restriction regarding the
enrollment in the health plan of the eligible employees or their dependents that is related to their health condition.
Certification of Creditable
Coverage
§ 8.080
The policy shall include information about the Certification of Creditable Coverage in compliance with Section
8.080.
7 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
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Other) of complying
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N/A response **
FOR OFFICIAL
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Required Disclosures
§ 8.170
Provide free of charge to insureds, within a period not to exceed seven (7) business days after receipt of the
request or the date of enrollment of the insured, whichever occurs first, a written summary of benefits and
coverage, known by its acronym in English as “SBC”. In case of renewal or change in coverage, the SBC will be
provided thirty (30) days prior to the date of renewal or change in coverage.”
NEW!
Prohibition of Discretionary
clauses
Chapter 12 / Health
Insurance Code
§ 12.040(A)
No contract, certificate or agreement offered or issued in Puerto Rico by a carrier to provide, deliver, arrange for,
pay for or reimburse any of the costs of healthcare services may contain a provision purporting to reserve
discretion to carrier to interpret the terms of the contract, or to provide standards of interpretation or review that
are inconsistent with the laws of Puerto Rico. An adverse determination by a carrier, as well as disputes or
controversies that may arise between a carrier and an enrollee, shall be subject to the internal and external review
procedures established in the Health Code.
First Level Reviews of Grievances
Involving an Adverse
Determination
Chapter 22 / Health
Insurance Code
§ 22.070
All carriers must include in the contracts a First Level Revision of Complaints related to an Adverse
Determination in compliance with Section 22.070.
The title and language of this section must be included in the contract in the same format and order
established in the Section 22.070.
Standard Reviews of Grievances
Not Involving an Adverse
Determination
Chapter 22 / Health
Insurance Code
§ 22.080
All carriers must include in the contracts an Ordinary Revision of Complaints not related to an Adverse
Determination in compliance with Section 22.080.
The title and language of this section must be included in the contract in the same format and order
established in the Section 22.080.
Voluntary Level of Reviews of
Grievances
Chapter 22 / Health
Insurance Code
§ 22.090
All carriers must include in the contract a Voluntary Level of Revision of Grievances in compliance with Section
22.090. (Only applicable to manage care plans)
The title and language of this section must be included in the contract in the same format and order
established in the Section 22.090.
Expedited Reviews of Grievances
Involving an Adverse
Determination
Chapter 22 / Health
Insurance Code
§ 22.100
All carriers must include in the contract an Expedite Review of Grievances involving an Adverse Determination in
compliance with Section 22.100.
The title and language of this section must be included in the contract in the same format and order
established in the Section 22.100.
Urgent care
Chapter 24 / Health
Insurance Code
§ 24.030 (Q)(2)
The contract include the following language, or a different wording with the same meaning, in compliance with
this Section:
"Any request that a physician with knowledge of the enrollee's medical condition determines is an urgent care
request, shall be treated by the carrier as an urgent care request."
Procedures for Standard Utilization
Review and Benefit
Determinations
Chapter 24 / Health
Insurance Code
§ 24.090
The policy or contract form includes a description of the utilization review policies and procedures,
The title and language of the provision must be included in the form in the same format and order
established in Section 24.090.
Yes
No
Yes
No
8 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Procedures for Expedited
Utilization Review and Benefit
Determinations
Chapter 24 / Health
Insurance Code
§ 24.100
All carriers who perform utilization review procedures must include in its contracts the Procedures for Expedited
Utilization Review and Benefit Determinations in compliance with Section 24.100.
The title and language of the provision must be included in the form in the same format and order
established in Section 24.100.
Utilization review or benefit
determinations for emergency
services
Chapter 24 / Health
Insurance Code
§ 24.110
All carriers who perform utilization review procedures must include in its contracts the Procedures for an
Utilization Review and Determination of Benefits in respect to Emergency Services in compliance with Section
24.110.
The title and language of the provision must be included in the form in the same format and order
established in Section 24.110.
Creation of Adequate network
Chapter 26 / Health
Insurance Code
§ 26.050
health insurance organizations or insurers shall file with the Commissioner an access plan that meets the
requirements set forth in this Chapter for each of the coordinated care plans offered in P.R.
NEW!
Requirements for health insurance
organizations, insurers and innetwork providers
Chapter 26 / Health
Insurance Code
§ 26.060
Provide evidence of compliance with this chapter and of the provisions of the contract between issuer and innetwork provider.
NEW!
Filing Requirements
Chapter 26 / Health
Insurance Code
§ 26.080
The health insurance organizations or insurers will file with the Commissioner the model contracts that they will
use with their participating providers and intermediaries, so that the Commissioner can verify compliance with the
provisions of this Chapter.
NEW!
Notice of Right to External Review
Chapter 28 / Health
Insurance Code
§ 28.050
All carriers must include in the contracts a Notification of the Right to Request an External Review in compliance
with Section 28.050.
The title and language of the provision must be included in the form in the same format and order
established in Section 28.050.
Request for External Review
Chapter 28 / Health
Insurance Code
§ 28.060
This policy or contract form includes the instructions on how to request an external external review appeal.
The title and language of the provision must be included in the form in the same format and order
established in Section 28.060.
Exhaustion of Internal Grievance
Process
Chapter 28 / Health
Insurance Code
§ 28.070
All carriers must include in the contracts information about the Exhaustion of Internal Grievance Process in
compliance with Section 28.070.
The title and language of the provision must be included in the form in the same format and order
established in Section 28.070.
Standard External Review
Chapter 28 / Health
Insurance Code
§ 28.080
All carriers must include in the contracts information about the Standard External Review in compliance with
Section 28.080.
The title and language of the provision must be included in the form in the same format and order
established in Section 28.080.
Expedited External Review
Chapter 28 / Health
Insurance Code
§ 28.090
All carriers must include in the contracts information about the Expedite External Review in compliance with
Section 28.090.
The title and language of the provision must be included in the form in the same format and order
established in Section 28.090.
9 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
External Review of Experimental
or Investigational Treatment
Adverse Determinations
Chapter 28 / Health
Insurance Code
§ 28.100
All carriers must include in the contracts information about the External Review of Experimental or
Investigational Treatment Adverse Determinations in compliance with Section 28.100.
The title and language of the provision must be included in the form in the same format and order
established in Section 28.100.
Binding Nature of External Review
Decision
Chapter 28 / Health
Insurance Code
§ 28.110
All carriers must include in the contracts language in compliance with Section 28.110.
Funding of External Review
Chapter 28 / Health
Insurance Code
§ 28.170
All carriers must include in the contracts information about the Funding of External Review in compliance with
Section 28.170.
The title and language of the provision must be included in the form in the same format and order
established in Section 28.170.
Off-label Use
Chapter 52/ Health
Insurance Code
§ 52.040(A)
A health plan that provides coverage for drugs shall provide for the dispensation of any drug covered, regardless
of the disorder, injury, illness, condition, or disease for which they were prescribed, provided, that (1) the drug
has been approved by the FDA for at least one indication, and (2) the drug is recognized for treatment of the
disorder, injury, illness, condition, or disease in one of the standard reference compendia or in substantially
accepted peer-reviewed medical literature.
Off-label Use
Chapter 52 / Health
Insurance Code
§ 52.040(B)
Coverage of a drug shall also include medically necessary services associated with the administration of the drug.
Newborn and Newly Adopted
Children and Children Placed for
Adoption
Chapter 54 / Health
Insurance Code
§ 54.050(A)
§ 54.050(B)
For parent and child/children and/or family coverage, the policy or contract form provides coverage for:
(1) A newborn child of a enrollee from the moment of birth; or
(2) A newly adopted child of a enrollee from the earlier of:
(a) The date of placement in the home of the enrollee for the purpose of adoption and continues in
the same
manner as other dependents of the enrollee unless the placement is disrupted prior to legal adoption and the child
is removed from placement;
(b) The date of entry of an order granting the enrollee custody of the child for purposes of adoption; or
(c) The effective date of adoption.
The coverage shall include coverage of injury or sickness healthcare services including the necessary care and
treatment of medically diagnosed congenital defects and birth abnormalities; and is NOT subject to any
preexisting condition exclusion.
The language of this section must be included in the contract in the same format and order established in
Section 54.050(A) and (B).
10 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
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Other) of complying
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N/A response **
FOR OFFICIAL
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Newborn notice
Chapter 54 / Health
Insurance Code
§ 54.060(A)
For a newborn child, the carrier shall provide covered enrollees with reasonable notice of the following:
(1) If payment of a specific premium or subscription fee is required to provide coverage for a newborn child, the
health plan may require the enrollee to notify the carrier of the birth of the child and furnish payment of the
required premium or fees within thirty (30) days after the date of birth.
(2) If notice and the payment described above are not provided, the carrier may refuse to continue coverage for
the child under the health plan beyond the thirty (30)-day period. However, if within four (4) months after the
birth of the child the enrollee makes all past-due payments, coverage shall be restored.
(3) If payment of a specific premium or subscription fee is not required to provide coverage for a newborn child,
the carrier may request notification of the birth of the child, but shall not deny or refuse to continue coverage if
the enrollee does not furnish the notice.
The language of this section must be included in the contract in the same format and order established in
Section 54.060(A).
Newly adopted child or child
placed for adoption notice
Chapter 54 / Health
Insurance Code
§ 54.060(B)
For a newly adopted child or child placed for adoption, the carrier shall provide enrollees with reasonable notice
of the following:
(1) If payment of a specific premium or subscription fee is required to provide coverage for a newly adopted child
or child placed for adoption, the health plan may require the enrollee to notify the carrier of the adoption or
placement for adoption and furnish payment of the required premium or fees within thirty (30) days after
coverage is required to begin under Section 54.050A(2).
(2) If the enrollee fails to provide the notice or make the payment described in the preceding paragraph within the
thirty (30)-day period, the carrier shall treat the adopted child or child placed for adoption no less favorably than it
treats other dependents, other than newborn children, who seek coverage at a time other than when the dependent
was first eligible to apply for coverage.
The language of this section must be included in the contract in the same format and order established in
Section 54.050(B).
No Surprised Bills
Chapter 48 / Health
Insurance Code
§ 48.050(A)
Every insurer must update its website within twenty (20) days after adding or excluding a provider to its network
or making any change in the affiliation of a doctor to a facility, provided that, in the case of a change in
enrollment, the insurer has received notice of such change.
No Surprised Bills
Chapter 48 / Health
Insurance Code
§ 48.050(B1)
Every insurer must, in accordance with state or federal law in force, provide the covered person:
1. A clear and understandable description of the plan's out-of-network health benefits, including the methodology
used by the entity to determine the allowed amount for out of network services;.
11 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
No Surprised Bills
Chapter 48 / Health
Insurance Code
§ 48.050(B2)
2. the allowed amount that the plan will reimburse under that methodology and, in cases where a covered person
requests the allowable amounts associated with a specific procedure code, the portion of the allowed amount that
the plan will reimburse and the portion of the allowed amount to be paid by the covered person, including an
explanation that the covered person will be required to pay the difference between the allowed amount as defined
by the insurer's plan and charges billed by an out-of-network provider;
No Surprised Bills
Chapter 48 / Health
Insurance Code
§ 48.050(B3)
3. examples of anticipated costs for services out-of-network frequently billed
No Surprised Bills
Chapter 48 / Health
Insurance Code
§ 48.050(B4)
4. information, in writing and via the website, that reasonably allows a covered person or potential covered person
calculate the anticipated cost for out-of-network services, based on the difference between the amount the insurer
reimburse for out-of-network services and the usual and customary cost of out-of-network services;
No Surprised Bills
Chapter 48 / Health
Insurance Code
§ 48.050(B5)
5. when requested by a covered person, information about whether a health or medical service provider is a
member of the network;
No Surprised Bills
Chapter 48 / Health
Insurance Code
§ 48.050(B7)
7. access to a direct telephone line that will operate no less than sixteen (16) hours a day, seven (7) days a week, to
so consumers can call to find out about network status and costs.
No Surprised Bills
Chapter 48 / Health
Insurance Code
§ 48.050(C)
C. If an insurer authorizes an in-network health or medical service provider to perform a covered service under
any health plan, and the provider's or facility's status changes to out-of-network before it is performed authorized
service, the insurer will notify the covered person as soon as possible. If the insurer does not provide notice at
least thirty (30) days before the authorized service is performed, the financial responsibility of the covered person
will be limited to the financial responsibility that would have been incurred if the provider had been in-network.
of the person's health plan.
No Surprised Bills
Chapter 48 / Health
Insurance Code
§ 48.050(D)
D. Every insurer will add to your Benefits Information, to all reimbursement correspondence to the covered
person, and to the provider, a clear and concise notice that inadvertent and involuntary out-of-network charges are
not subject to collection or billing beyond the financial responsibility incurred under the terms of the contract of
service within of the network. Any attempt by the provider to charge or bill must be reported
immediately to the insurer's customer service department, at the telephone number that the insurer will provide in
the Benefits Information and all correspondence regarding
reimbursement to the covered person.
No Surprised Bills
Chapter 48 / Health
Insurance Code
§ 48.120
A. Every insurer shall provide each covered person with written notice, in the form and manner prescribed by the
Commissioner of Insurance, regarding the protections provided to covered persons pursuant to this Chapter. The
notice will include information about
how a consumer may contact the Office of the Commissioner of Insurance to report or dispute an out-of-network
charge. This notice will also be published on the insurer's website.
12 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
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Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Unfair Discrimination against
Victims of Abuse
Chapter 72 / Health
Insurance Code
§ 72.040(A)
The following language in compliance with Section 72.040 must be included in the contract.
It is unfairly discriminatory to:
(1) Deny, refuse to issue, renew or reissue, cancel or otherwise terminate a health plan, or restrict a health plan
coverage or add a premium differential or surcharge to any health plan on the basis of the enrollee's abuse status;
or
(2) Exclude, limit coverage, or deny a claim on the basis of the enrollee's abuse status.
The language of this section must be included in the contract in the same format and order established in
the Section 72.040(A).
Evidence of Coverage
Chapter 19/ Insurance Code
§ 1908
Evidence of coverage must be submitted in compliance with this section. If the contract will be use as the
evidence of coverage, the carrier disclosed this information in the cover letter.
Prohibited words
Chapter 19/ Insurance Code
§ 1915(4)
No health service organization may use in its name, contract or literature, any of the words "insurance",
"contingency", "guaranty", "mutual", or any other word describing insurance, contingency or guaranty business,
deceitfully similar to the name or description of any insurance or guaranty corporation doing business in Puerto
Rico. The terms "insurer"," insured", "insurance", "insurance company", "policy", "insure" cannot be
use.
Coverage for Albinism and
Hermansky-Pudlak Syndrome
Act No. 109
December 22, 2022
Private health plans must include in their special coverage the condition of albinism and the genetic disorders that
can cause it. Provide for direct access to providers and specialist doctors, as well as those medications, treatments,
therapies and tests that are not experimental or genetically modified, scientifically validated as effective and
recommended to diagnose and treat the condition, without the need for a referral. Coverage must include the cost
of HPS type 1 genetic testing.
NEW!
Down Syndrome amendment
Act No. 13
March 25, 2022
Clarify its scope. The cover must be from birth. Therapeutic services with a remedial approach shall include, but
shall not be limited to, physical therapies, speech therapies, occupational therapies, and any other necessary
therapy recommended by a health professional authorized to practice such profession in Puerto Rico or the United
States, in the quantities and frequency prescribed by the professional or specialist.
NEW!
Psicologist uniform definition
Act No. 79
December 30, 2021
Establish the definition of the term “Psychologist” or “Psychologist” established by Law 194, supra, and Law
296, supra, are uniform with the definition of said term established by Law 408-2000, as amended, known as the
“Law of Puerto Rico Mental Health. Also amends Law 220-2012 and Law 239-2012
OTHER REQUIREMENTS FOR HEALTH SERVICES ORGANIZATIONS
Puerto Rico Laws
Yes
No
Yes
No
13 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
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Psicologist uniform definition
Act No. 79
December 30, 2021
Section 1
Subsections (n) and (q) of Section 2 of Act 194-2000, as amended, are amended to read as follows: (n) "Health
Professional" – shall mean any practitioner duly admitted to practice in Puerto Rico, in accordance with
applicable laws and regulations, any of the health and medical care professions, such as, but not limited to,
physicians, surgeons, podiatrists, naturopathic doctors, chiropractors, optometrists, psychologists, dentists,
pharmacists , nurses, audiologists and medical technologists, as authorized by the corresponding laws of Puerto
Rico.
Psicologist uniform definition
Act No. 79
December 30, 2021
Section 1
q) “Psychologist” - means the professional licensed by the Board
Examiner of Psychologists of the Commonwealth of Puerto Rico, as defined in Act No. 96 of June 4, 1983, as
amended, known as the "Act to Regulate the Practice of the Profession of Psychology in Puerto Rico", which has
training, knowledge, skills, and experience in providing services including, but not limited to: prevention,
description or diagnosis of behavior, psychological evaluation, therapeutic intervention with psychological
problems of various levels of severity and consulting concerning the intellectual, emotional, behavioral,
interpersonal, family, social and occupational functioning of individuals and groups.
The license conferred by the Board explicitly requires all
professional psychologist to practice according to their training and competencies under the legal provisions and
the ethical norms that regulate this practice in Puerto Rico.
Medical Emergency Techniciansparamedics
Act No. 69
December 27, 2021
Item 5 of Article 19.030 of the Insurance Code is amended to read as follows: (5) Every health service
organization that provides health services must include, as part of its coverage, if there is medical justification
according to the criteria established in the protocols created by the Department of Health and according to the
home care plan. , to people who require a ventilator to stay alive, a minimum of one daily shift of eight (8) hours
of nurses or nurses; or paramedical emergency medical technicians (TEM-P), duly licensed. In addition, duly
licensed emergency medical technicians-paramedics (TEM-P) must have approved and validated courses,
certifications and training or the skills and knowledge requirements established by regulation by their respective
Examining Board related to the care and management of said patients. and its medical equipment as authorized in
this Law.”
Protection against surprised
medical bills - New Chapter 48
Health Insurance Code of Puerto
Rico
Act No. 134
September 1, 2020
The purposes of stopping the so-called "surprise bills" in the
billing of health plans, establish consumer protections, transparency, cost control and responsibility, out of
network providers; and for other related purposes.
Braille system (Blind) evidence of
cover and ID card
Act No. 162
December 30, 2020
Article 19.080 of the Insurance Code is amended to read as follows: (1) (a) Each subscriber is entitled to evidence
of coverage. If the subscriber obtains coverage through an insurance policy, the insurer will issue the evidence of
coverage. Otherwise, the health service organization will issue the evidence of coverage. In the case of blind
subscribers the evidence of coverage and the identification card will be issued in the Braille system
14 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Clinical Review Criteria
Act No. 142
October 9, 2020
Amends Section 2.030 (E)
of the Health Insurance
Code
E. "Clinical Review Criteria" means the written screening procedures, decision summaries, clinical protocols,
and practice guidelines used by the health insurance organization or insurer to determine the medical necessity and
appropriateness of the medical service. health care. These practice guides are not mandatory for the Health
Professional in the exercise of their functions when providing any health care service in accordance with state and
federal laws and corresponding regulations; and as long as the service provided is recognized by the generally
accepted standards of health and medical practice, in the light of modern means of communication and teaching.
The professional diagnosis will be the guiding and exclusive criterion to determine the treatment to be followed in
a patient. Therefore, professional judgment cannot be altered by the insurer. Notwithstanding the foregoing, the
provisions of this subsection must comply with federal laws and regulations on the matter.
Requirements and Procedures for
Approval of Medical Exceptions.
Act No. 142
October 9, 2020
Amends Section 4.070 (B)
1st paragraph of the Health
Insurance Code
B. The health insurance organization or insurer that provides prescription drug benefits, the PBM or any other
entity to which the administration of pharmacy services has been delegated, will have the obligation to offer
immediate temporary coverage for an initial prescription. of the prescription drug during the medical exception
request process and until you notify your final determination in writing, when the physician or health care
professional who issued the prescription establishes in writing that the requested prescription drug is medically
necessary for the treatment of the illness or condition of the covered or insured person; even when said
prescription drug is one of which is excluded from the drug formulary of the covered or insured person's medical
plan or is subject to a prescription drug management procedure established in this Article. The health insurance
organization or insurer that provides prescription drug benefits, the PBM or any other entity to which the
administration of pharmacy services has been delegated, must pay the pharmacy the initial prescription of the
dispensed medication, in what the insurer awards the prescription drug coverage. The pharmacy may submit an
electronic invoice to the insurer for the payment of the initial prescription for dispensed drugs and the insurer will
be required to accept electronic invoicing and may not require a physical or paper invoice as a condition for
payment. Thus, under no circumstances will the covered or insured person be deprived of their prescription drug
while they are in the process of requesting medical exceptions as established in this Article, or the presentation of
a complaint in accordance with the Chapter on Internal Complaint Procedures of Health Insurance Organizations
or Insurers of this Code. This rule for temporary coverage of initial prescription drug prescriptions will not affect
existing regulations on transitional drugs. Notwithstanding the foregoing, the provisions of this subsection must
comply with federal laws and regulations on the matter.
15 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Requirements and Procedures for
Approval of Medical Exceptions.
Act No. 142
October 9, 2020
Amends Section 4.070 (B)
2nd paragraph of the Health
Insurance Code
Any health insurance organization or insurer that provides prescription drug benefits, pharmacy benefits manager
or administrator or any entity to which the administration or management of pharmacy services or benefits has
been delegated, will include in the calculation or in the requirement of contribution or cost sharing (“cost sharing,
out-of-pocket maximun”), any payment, discount or item that is part of a financial assistance program, discount
plan, coupons, or any contribution offered to the insured by the manufacturer. These items will be considered for
the exclusive benefit of the patient in the calculation of their contribution, out-of-pocket expenses, co-payments,
co-insurance, deductible or in compliance with shared contribution requirements. These contributions, discounts
and coupons from the manufacturer will be available and may be used in all health providers, according to the
requirements of the program, regardless of the place of acquisition of the discount or coupon. The use of the
accumulator of benefits, maximizer or any other similar program that has the effect of implementing a restriction
on liability established in this subsection is prohibited.
Requirements and Procedures for
Approval of Medical Exceptions.
Act No. 142
October 9, 2020
Amends Section 4.070 (E)
(1) of the Health Insurance
Code
1) The procedure for requesting medical exceptions provided in this Article shall require that the health insurance
organization or insurer that provides prescription drug benefits, the PBM or any other entity to which the
administration of the pharmacy services, make the determination regarding a request submitted and notify said
determination to the covered person or insured, or his personal representative, with the urgency required by the
medical condition of the covered person or insured, but in no case may the notification Exceed forty-eight (48)
hours from the date of receipt of the request, or the date of receipt of the certification, in the event that the health
insurance organization or insurer requests it in accordance with section B (2) , whichever is later of the dates. In
the case of controlled medications, this term should not exceed twenty-four (24) hours.
Special Law to Ensure Access to
Treatment and Diagnosis of Cancer
Patients in Puerto Rico.
Act No. 79
August 1, 2020
Section 5
Every insurer or health insurance organization that provides individual or group medical plans must have
coverage available that includes mandatory treatments, medications and diagnostic tests, included in the guidelines
of the National Comprehensive Cancer Network ("NCCN Guideliness" ) and / or approved by the Food and Drug
Administration (FDA, for its acronym in English), as well as those necessary to attend and minimize its adverse
effects, subject to the provisions of this Law. The “Local Coverage Determinations-LCD from First Coast Service
Options, INC ”,“ Medicare Approved Compendia List ”,“ National Coverage Determations Alphabetical Index ”,“
Milliman Care Guidelines ”and ASES Internal Guidelines.
Nothing provided in this Article shall be understood as prohibiting an insurer or health insurance organization
from providing services, or including coverage of drugs or tests that are broader than those described herein.
16 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Special Law to Ensure Access to
Treatment and Diagnosis of Cancer
Patients in Puerto Rico.
Act No. 79
August 1, 2020
Section 6
Any individual or group medical plan that includes the prescription or coverage of medications, treatments and
diagnostic tests must submit approval or denial of medications, treatments and diagnostic tests listed in the
guidelines of the National Comprehensive Cancer Network (“NCCN Guideliness ”) Or those approved by the
Food and Drug Administration (FDA), within a term of 24 to 72 hours of receipt of the request or within a term of
24 hours, if it is a case marked urgent or expedited. Provided that, of the individual or group medical plan, not
issuing its determination within said term, it will be understood that the medications, treatments and / or
diagnostic tests were approved by the same.
Special Law to Ensure Access to
Treatment and Diagnosis of Cancer
Patients in Puerto Rico.
Act No. 79
August 1, 2020
Section 7
Any medical plan, individual or group, that requires the appointment of a primary care provider, may allow the
appointment, in cancer patients, of a doctor specialized in oncology, as primary care provider; as long as that
health professional consents to such designation.
Special Law to Ensure Access to
Treatment and Diagnosis of Cancer
Patients in Puerto Rico.
Act No. 79
August 1, 2020
Section 8
The rights established in this Act will be additional to those provided by Act 275-2012, as amended, known as the
"Bill of Rights of Cancer Patients and Survivors", and will have the scope and will be governed in accordance
with the requirements and procedures provided by Public Law 111-148, known as the “Patient Protection and
Affordable Care Act”, Public Law 111-152, known as the “Health Care and Education Reconciliation Act” and
the federal and local regulations adopted under this and any other law or regulation that is successor or applicable
at the federal or local level.
Every patient will have the right to receive the treatment that his doctor recommends, without limitations by the
insurers, that the patient receives a more effective and cutting-edge treatment, available in the market, in
accordance with the coverage and protocols designed to the protection of Articles 5 and 9 of this Law.
The policies, contracts, certificates or agreements offered or issued in Puerto Rico by a health insurance
organization or insurer to provide, deliver, process, pay or reimburse the cost of health care services, treatments,
medications or diagnostic tests included as mandatory and uniform, they will not provide that the final
interpretation of the terms of the contract will be subject to the discretion of the health insurance organization or
insurer, nor will they contain interpretation or review rules that contravene the provisions of this Law.
17 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
To amend Law No. 168 of 2018,
Law for the use of Telemedicine in
Puerto Rico.
Act No. 68
July 16, 2020
Amends Act No. 168
August 1, 2018
Section 13 (1), (2)
The provisions included below regarding the practice of telemedicine and telehealth will apply as a result of the
emergency declaration promulgated by the Governor of Puerto Rico through Administrative Bulletin No. OE-
2020-020 as a consequence of the SARS-CoV-2 coronavirus, known as COVID-19.
(1) Physicians and health professionals covered by this Act may use their own telemedicine or telehealth
technology to care for their patients, without the need to have the corresponding Certification from the Licensing
Board or their respective Examining Board. u Governing Body.
(2) The Examining Board or Governing Body of each health profession covered by this Law, must immediately
establish the basic guidelines to be able to attend patients using telehealth technology and notify the corresponding
group of health professionals so that they can begin to use such mechanisms. No health professional authorized to
practice in Puerto Rico may begin to care for patients using telehealth's own technology, until their respective
board or governing body issues the corresponding guidelines according to the nature of the declared emergency.
This subsection will not apply to doctors authorized to practice telemedicine as established in Joint Resolution 19-
2020.
To amend Law No. 168 of 2018,
Law for the use of Telemedicine in
Puerto Rico.
Act No. 68
July 16, 2020
Amends Act No. 168
August 1, 2018
Section 13 (3), (4)
(3) All the services offered in accordance with the provisions of this Article will be subject to and will respond to
the same standards of care, competence and professional conduct applicable to the offering of said services in
person. Recording of therapeutic consultations, sessions or conversations is prohibited.
(4) The authorization outlined in this Article does not exempt doctors and health professionals, with the
fulfillment of the requirements of their respective licenses and / or ethical standards, for which they will be subject
to the corresponding sanctions.
18 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
To amend Law No. 168 of 2018,
Law for the use of Telemedicine in
Puerto Rico.
Act No. 68
July 16, 2020
Amends Act No. 168
August 1, 2018
Section 13 (5), (6), (7)
(5) Regardless of what is established in this Article, patient privacy will always be respected in accordance with
the provisions of the Health Insurance Portability Accountability Act of 1996 or any other applicable state or
federal statute or regulation. Both the Licensing Board and the Examining Board or Governing Body may adopt
all the measures they deem necessary to ensure that the health providers they regulate protect the privacy of their
patients; These measures must be in accordance with any applicable federal law or regulation.
(6) Health insurance companies, insurers, health service organizations, pharmacy benefit managers or managers,
the Health Insurance Administration (ASES) and related entities contracted by them, will be required to include
within the coverage basic and pay from state or federal funds those diagnostic tests and / or medical treatment
present or future to treat COVID-19, according to the prices established by the Center for Medicare & Medicaid
Services (CMS) of the Department of Health and Human Services from the United States. Likewise, the ASES
will temper its requirements to eliminate the signature of the primary physician on a prescription, referral and
medical order.
(7) As a measure to reduce personal contact, contagion and discourage citizens from going to doctors' offices,
pharmacies are ordered to dispatch refills of those chronic medications even if the patient does not have available
refills or a new prescription . For this, the patient must show the empty medicine bottle in which the dose and the
identity of the patient are specified. Medicines classified as controlled in classifications II, III, IV or V by federal
or state laws or regulations, as well as narcotics regardless of their classification, are excepted from the foregoing.
To amend Law No. 168 of 2018,
Law for the use of Telemedicine in
Puerto Rico.
Act No. 68
July 16, 2020
Amends Act No. 168
August 1, 2018
Section 13 (8), (9), (10),
(11)
(8) Any permanent or temporary building that is enabled in a service facility to attend in isolation to patients with
symptoms of this virus, will be considered for all relevant legal purposes as an extension of health services in
which it is located.
(9) As long as this COVID-19 emergency persists, any doctor or health professional who is authorized by law to
prepare prescriptions, referrals, medical order or order treatments, tests or examinations to the patient, may send
the prescription, referral or order by photography or any other electronic method and the service provider that
receives it will be obliged to accept it. The prescription must be sent directly by the doctor or health professional,
for which reason prescriptions sent by photographs to the patient directly will not be accepted.
(10) The doctors and health professionals authorized here will keep all the information necessary to document the
services provided. In order to avoid insurance fraud, insurance companies, health service organizations and ASES
may carry out the pertinent verifications to corroborate that, in effect, the services have been provided by the
telemedicine or telehealth means themselves.
(11) The doctors and health professionals authorized here must comply with the informed consent provisions
established in this Law.
19 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
To amend Law No. 168 of 2018,
Law for the use of Telemedicine in
Puerto Rico.
Act No. 68
July 16, 2020
Amends Act No. 168
August 1, 2018
Section 13 (12)
(12) Billing:
(a) Any doctor or health professional authorized to practice in Puerto Rico may bill the services provided using
telemedicine or telehealth technology and health insurance companies, insurers, health service organizations,
administrators or managers of pharmacy benefits , the ASES and related entities hired by them, will be obliged to
pay it as if it were a face-to-face consultation. For these purposes, they will have to provide physicians and health
professionals who so request with the corresponding codes for billing for health services provided using the
technology of telemedicine or telehealth. No health insurance company, insurers, health service organizations,
pharmacy benefit administrators or managers, the ASES or related entities, may refuse to pay for a service
provided that is not properly codified, if its rules and procedures allow it. create the codes and / or procedures to
conform to the provisions of this Law. In the case of doctors or health professionals who provide their services in
accordance with this Law, but whose services are not duly codified by the ASES or a health insurance company
and there is a statutory, normative, procedural or regulatory impediment to codify it, they may bill for the services
provided as they normally do for a face-to-face consultation, but they must deduct ten percent (10%) from the
billing of the total cost.
(b) When the doctor or health professional authorized by this Article, provides their services through medical
plans or health insurance, and the patient receives the services, he or she will be exempt from paying the fixed
amount paid for these services or the copayment that would ordinarily pay in a face-to-face consultation, during
the term of the emergency declared by the Governor as a result of COVID-19.
Law to Regulate Cyber Therapy in
Puerto Rico
Act No. 48
April 29, 2020
"Cyber therapy" is the distance practice of the professions described in the preceding paragraph, in which the
individual-therapist interaction is mediated by technological communication and information tools. They should
include, but are not limited to, diagnostic services, evaluation, analysis, consultation, supervision, information,
education, interpretation and intervention with the needs and expectations of the individual who receives them.
The practice of cyber therapy must take into consideration those aspects as defined by the "Center for Medicare
Services" (CMS, for its acronym in English), so that the consultations made may be considered for reimbursement
by "Medicare" or " Medicaid ”
Law to combat Covid-19
Act No. 43
April 16, 2020
All medical care, study, analysis, diagnosis and treatment of COVID-19, including hospitalization, will be free of
charge for all citizens, regardless of whether they have health insurance or not.
*No health insurance organization, insurer, PBM or third-party administrators may require any copayment,
deductible, pre-authorization or referral to the patient, for medical care, studies, analysis, diagnosis and treatment
of COVID-19, including hospitalization, as long as these services are provided in Puerto Rico.
20 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Diabetes Equipment and Supplies
Coverage
Act No. 19
January 12, 2020
Amends Act No. 177 of
August 13, 2016
Ruling Letter No. CN-2016-
209-AS
Health Plans should include, as part of their basic coverage the supply of a glucose monitor every three (3) years
with replacement of damaged equipment, the supply of one (1) glucagon injection and replacement of it in case of
use or expiration, and a minimum of one hundred and fifty ( 150) strips and one hundred and fifty (150) lancets
each month for patients diagnosed with type I diabetes mellitus by a specialist in pediatric endocrinology or
endocrinology.
The coverage should also include the portable insulin infusion pump or microinfuser, as therapy for patients
diagnosed with Type I Diabetes Mellitus.
Section 4 of Law 177-2016, as amended, is amended to read as follows:
“Once the patient has been diagnosed with the condition of type I diabetes mellitus, for the patient to receive the
benefit established under this Law, they must submit a prescription properly Issued by a medical practitioner duly
authorized to practice the profession within the jurisdiction of Puerto Rico so that a pharmacist will dispense in
his original box duly sealed the authorized monthly strips and lancets under this Act.”
Ruling Letter No. CN-2016-209-AS: Coverage must clearly indicate that the carrier will cover the glucometer
brand ordered by the endocrinologist whenever there is a justification submitted. With regard to coverage for the
insulin infusion pump, the selection of the brand of this device will be determined by the endocrinologist based on
the age of the enrollee, the level of physical activity of the enrollee, and the enrollee's and/or the caregiver’s
knowledge regarding the condition.
Law on the Right to Effective
Detection of Breast Cancer
Act No. 10
January 3, 2020
Every insurer or health services organization will provide, as part of the benefits of preventive care of its basic
coverage, mammograms and other breast cancer diagnosis and detection tests, according to acceptable practices,
in accordance with the following:
a.a baseline mammogram, for women between thirty-five (35) and thirty-nine (39) years,
b.an annual mammogram for women forty (40) years of age or older
c.an annual mammogram, follow-up treatment or supplementary diagnostic tests:
i.
to women of forty (40) years of age or older, who have breasts of tissue classified as heterogeneously dense or
extremely dense, as determined by mammography by a radiologist, based on the breast density scale of the Image
and System Projection Report Breast Imaging Reporting and Data System, BI-RADS, promulgated by the
American College of Radiology
ii.to women at high risk of developing breast cancer because:
1.to your family history
2.to his own history as a cancer patient
3.presence of high-risk markers in your genetic profile or
4.Some other factor determined by your doctor.
Follow-up treatment or supplementary diagnostic tests for the detection of breast cancer in women aged forty (40)
or older, who have breasts of tissue classified as heterogeneously dense or extremely dense, may include, but is
not limited to the list of content criteria established in this law.
21 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Ambulance ground transportation
coverage for medical emergencies
Act No. 129
August 1, 2019
Every insurer, health service organization or other health plan provider authorized to operate in Puerto Rico must
include in its basic plan or insurance, the ambulance ground transportation cover for medical emergencies.
Transportation service through the 9-1-1 Emergency System, due to a medical emergency, must be paid to the
ambulance provider directly for the cost of transportation.
Any entity responsible for the health of a patient shall be obliged to honor, at a minimum, the rates established by
Regulation of the Bureau of Transportation and other Public Services (Negociado de Transporte y otros Servicios
Publicos), attached to the Puerto Rico Public Service Regulatory Board (Junta Reglamentadora de Servicio
Público de Puerto Rico).
Act No. 383-2000, known as the "Law to Prohibit Health Plans, Nonprofit Organizations Offering Health
Services," is repealed, for being in conflict with the provisions contained in this Law.
22 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Treatment of hyperbaric
oxygenation to people diagnosed
with Autism
Act No. 63
July 19, 2019
Health plans must include, as part of their coverage, the treatment of hyperbaric oxygenation to people diagnosed
with Autism Spectrum Disorder, provided that it is recommended by a certified medical or healthcare professional
and the treatment is allowed by law and federal regulations.
Telemedicine
Act No. 168
August 1, 2018
The policy or contract form may, if applicable, provide coverage for a telemedicine program. In such case, the
policy or contract form should include:
1. The definition of telemedicine in compliance with Act No. 168 -2018, and
2. A description of the telemedicine program, including how the covered persons can access the program.
3. If the coverage is subject to deductibles, copayments, and/or coinsurance, the same shall be disclosed.
Down syndrome
Act No. 97
May 15, 2018
The policy or contract form shall cover tests, not limited to, genetics, neurology, immunology, gastroenterology
and nutrition. Also, shall cover visits and tests referred by a physician, and therapeutic services with a remediative
approach to independent living or assisted living for adults over 21 years of age.
The carrier will not rescind, refuse, deny coverage or services if an insured is diagnosed with Down Syndrome.
The carrier will not cancel an existing health policy if one of the beneficiaries is diagnosed with Down Syndrome
and it was unknown at the time of obtaining the policy.
Phenylketonuria (PKU)
Act No. 139
August 8, 2016
Health plans must include as part of the basic coverage, the "Phenylalanine Free Amino Acids Preparation" for
enrollees diagnosed with the genetic disorder called phenylketonuria (PKU), with no enrollee age exclusions.
This mandatory coverage is in addition to the recommended preventive service of screening for the
genetic disorder (PKU) in newborns.
Human Immunodeficiency Virus
(HIV)
Act No. 45
May 16, 2016
Health plans must include, as part of the basic coverage, an HIV test a year as part of the routine studies for any
medical evaluation, except for pregnant women to which apply the following requirements as established by the
USPSTF:
1) A first HIV test during the first trimester of pregnancy at the first prenatal visit, and
2) A second test during the third trimester of pregnancy (between the (28) and (34) weeks of pregnancy.
23 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Technological equipment
Act No. 62
May 4, 2015
Amends Act No. 125 of
September 21, 2007
Health plans must include, as part of the coverage, the technological equipment whose use may be necessary to
maintain the user alive, a minimum of one (1) daily eight (8) hour shift of nursing services provided by skilled
nurses knowledgeable in respiratory therapy or specialists in respiratory therapy with nursing skills, the supplies
needed to operate technological equipment and the physical and occupational therapy needed to develop the
motor skills of these enrollees.
For the purposes of this law, a user shall be understood to be those who use medical technology as well as
children with tracheotomy to breath, and whose operation depends on medical equipment, ventilator or
supplemental oxygen and those who have started treatment as minors and meet twenty (21) years and who
received medical services or receive home care, continue to receive these services after serving twenty (21) years
of age.
Cancer
Act No. 275
September 27, 2012
Section 3(A)(g)
No carrier shall reject or deny any treatment agreed upon and/or included as part of the terms and conditions of
the contract signed by the parties when a medical recommendation to such purposes so require. Physicians,
carriers and providers shall not reject or deny treatment such as hospitalization, diagnosis, and medication to any
cancer patient enrollee. With regard to cancer survivors, carriers and healthcare plans providers shall not deny
coverage for the treatment and frequent and permanent monitoring of the physical health and emotional wellbeing
of the enrollee.
Cervical cancer
Act No. 275
September 27, 2012
Section 3(E)(c)
Coverage shall include pelvic exams and all types of vaginal cytology that may be required by a physician to
detect, diagnose, and treat early stages of abnormalities that may lead to Cervical Cancer.
Breast cancer
Act No. 275
September 27, 2012
Section 3(E)(d)
Every health plan shall provide extended coverage for the payment of breast cancer screening and testing such as
visits
to
specialists,
clinical
breast
exams,
mammograms,
digital
mammograms,
magnetic
resonance
mammography and breast ultrasounds, and treatment including, but not limited to, mastectomy (including males),
breast reconstruction after mastectomy, reconstructive surgery of the other breast to achieve symmetry, breast
prosthesis, treatment for physical complications at all stages of mastectomy, including lymphedema (swelling that
sometimes occurs after breast cancer treatment), any reconstructive surgery after mastectomy that may be needed
for the physical and emotional recovery of the enrollee.
Human papilloma virus (HPV)
vaccine
Act No. 255
September 15, 2012
Health plan shall cover the vaccine against the human papilloma virus (HPV) for males and females; according to
the recommendations of the Advisory Committee on Immunization Practices (ACIP) and the Centers for Disease
Control and Prevention (CDC).
HPV vaccination beginning at age 9 years for children and youth with any history of sexual abuse or assault who
have not initiated or complete the 3 doses series (ACIP recommendation).
No cost sharing is applicable.
Psychology professionals services
Act No. 239
September 13, 2012
Health plans shall include services provided by psychology professionals trained by education with a master
degree or PhD, trainings and experience to provide health care services, duly licensed by the Puerto Rico Board of
Psychologist Examiners.
24 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Autism Spectrum Disorder
Act No. 220
September 4, 2012
Section 15
Every health plan shall provide coverage for the treatment of autism. This coverage should include, but not
limited to, genetics, neurology, immunology, gastroenterology and nutrition; speech, language, psychological,
occupational, and physical therapies; and will include physician office visit and the medical tests referred by them.
Screening tests
Act No. 218
August 30, 2012
Sections 2 and 3
As part of their coverage carriers shall include, without this constituting a limitation, access to tests of: cancer,
high blood pressure and cholesterol, diabetes, osteoporosis, and sexually transmitted diseases.
Chemotherapy
Act No. 107
June 5, 2012
Section 1
A health plan that provides coverage for treatment of chemotherapy against cancer must also provide coverage of
the chemotherapy against cancer in their various methods of administration of the drug, such as intravenous, oral,
injectable track or intrathecal route; according to the order of the specialist doctor or oncologist.
Designation of Primary
Care Provider and Direct Access to
OB/GYN Services
Act No. 161
November 1, 2010
Section 6(i)
A health plan must cover direct access to gynecology and obstetrics care services without requiring referrals or
previous authorization, insofar as such physician participates in the network of the healthcare providers.
Designation of Primary Care
Provider and access to
pediatricians
Act No. 161
November 1, 2010
Section 6(j)
A health plan providing coverage for a minor as an enrollee must allow the parent or tutor to select a pediatrician
as his/her primary care provider, insofar as such pediatrician participates in the network of healthcare providers.
Prescription Opioid Drugs
Act No. 140
September 22, 2010
A health plan shall include, as part of the coverage, the medication known as buprenorphine for treatment of
opioid dependence in the “Medicaid Preferred Drug List,” or the preferred drug list.
Bariatric surgery
Act No. 212
August 9, 2008
All carriers shall provide, subject to preauthorization, coverage for one (1) bariatric surgery per lifetime for the
treatment of morbid obesity using one of the following techniques: gastric bypass, adjustable gastric band or
sleeve gastrectomy. The intragastric balloon technique is excluded from the law.
The carrier may require a waiting period that shall not exceed twelve (12) months, before cover for the benefits
stipulated in this act. For the preauthorization of these services, the first treatment for the morbid obesity should
be dietetic and in changes in the life style. The physician must document the unsuccessful attempt(s) with
nonoperative medically supervised weight reduction program(s).
For purposes of this act, morbid obesity means a body mass index of at least thirty-five (35) kilograms per meter
squared, or greater. Bariatric surgery refers to the various surgical procedures performed to treat obesity, which
can be practice by the following four techniques: gastric bypass, adjustable gastric band or sleeve gastrectomy or
intragastric balloon.
25 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Dependents
Act No. 116
July 17, 2008
Amends Act No. 15 of February 27, 2007, in order to correct the scope of the measure and to extend the term of
effectiveness of said act.
Provides that the underwriters of the carriers in Puerto Rico shall accept, in a family coverage, the inclusion as
enrollees of minors whose custody or guardianship has been granted to the grandparents or other participating
family members, and those of legal age who have been declared disabled, whose guardianship has been granted,
when the person to whom custody or guardianship has been granted is the primary enrollee of the health plan.
Naturopathic Physician
Act No. 210
December 14, 2007
A health plan shall provide access to the health services and treatment by a naturopathic physician , if the
coverage provided by the health plan offers any service included in the "spectrum of practice" of a licensed
naturopathic physician, authorized by the Commonwealth of Puerto Rico. Also, the contract must disclose the
applicable copayment or coinsurance.
Audiology
Act No. 127
September 27, 2007
A health plan shall provide access to the health services and treatment by an audiologist, if the coverage provided
by the health plan offers any service included in the "spectrum of practice" of a licensed audiologist physician,
authorized by the Commonwealth of Puerto Rico. Also, the contract must disclose the applicable copayment or
coinsurance.
Respiratory syncytial virus (RSV)
Act No. 165
August 30, 2006
All carriers are required to include in the contract the vaccine against respiratory syncytial virus as part of their
pediatrics coverage.
Chiropractor
Act No. 150
August 8, 2006
A health plan shall provide access to the health services and treatment by a chiropractor, if the coverage provided
by the health plan offers any service included in the "spectrum of practice" of a licensed chiropractor, authorized
by the Commonwealth of Puerto Rico. Also, the contract must disclose the applicable copayment or coinsurance.
Universal Neonatal Hearing
Screening Test
Act No. 311
December 19, 2003
A contract which is available or may be available, renewed, extended, or modified in Puerto Rico by any carrier
with benefits applicable within the contract, shall include coverage for initial hearing screening and for any other
hearing evaluation within the follow-up care related to the hearing screening described in this act.
As provided by the act, the service shall be rendered in Puerto Rico even though the carrier is located outside of
Puerto Rico.
The benefits of the Universal Neonatal Hearing Screening Test to newborn babies, as well as the follow-up care
shall be subject to the same co-payment and co-insurance provisions applicable to any other medical service. With
the exception that the benefit of neonatal hearing screening shall be exempted from co-payments/coinsurance or
provisions that limit the maximum amount to be paid by the carrier.
26 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Health Professionals definition
Act No. 148
August 9, 2002
Section 6(d)
A health plan shall provide access to the health services and treatment by a podiatrist, optometrist or psychologist,
if the coverage provided by the health plan offers any service included in the "spectrum of practice" of a licensed
podiatrist, optometrist and clinical psychologist, authorized by the Commonwealth of Puerto Rico. Also, the
contract must disclose the applicable copayment or coinsurance.
AMENDED BY LAW 79-
2021
Health Professionals definition
Act No. 194
August 25, 2000
Section 6
Defines “Health Professional” as any practitioner duly allowed to practice in Puerto Rico, according to the
applicable act and regulations, any of the health and medical care health professions including but not limited to,
physicians, surgeons, dentists, pharmacists, nurses and medical technologists, as authorized by the corresponding
act of Puerto Rico.
AMENDED BY LAW 79-
2021
Termination
Act No. 194
August 25, 2000
Section 7(a)
A contract shall contain a clause providing that in cases in which health plan coverage is terminated or cancelled,
or coverage by a provider is terminated or cancelled, the carrier shall notify the enrollee of such termination or
cancellation thirty (30) calendar days before the date such termination or cancellation becomes effective.
Extension of Benefits
Act No. 194
August 25, 2000
Section 7(b)
The contract shall contain a clause providing that subject to payment of premium as required, should the health
plan or the provider terminate coverage, the enrollee may continue receiving the benefits thereof for a transitional
period of ninety (90) days as of the date the health plan or the provider terminates coverage.
1. In those cases in which the enrollee is hospitalized at the time of the date of said termination of coverage, and
the release of the enrollee from the hospital has been scheduled for a date preceding the date of termination of
coverage, the transition period shall be extended from said date to ninety (90) days after the date the enrollee is
released.
2. In those cases in which the enrollee is in her second trimester of pregnancy as of the date of termination of
coverage and the provider has been offering medical treatment pertinent to the pregnancy before the date of
termination of coverage, the transitional period concerning pregnancy-related health care shall be extended to the
date the mother is released from hospital after childbirth, or the date the newborn is released from the hospital, or
both, whichever occurs later.
3. In those cases in which the enrollee is diagnosed a terminal condition before the date of termination of coverage
and the provider has been offering medical treatment pertinent to the condition before said date, the transitional
period shall be extended for the remainder of the enrollee’s life.
Providers that continue the treatment of the enrollees during said period must accept the payments and rates fixed
by the health plan as full payment for services rendered, as well as continue providing the plan with all the
necessary information required for purposes of quality control, and surrender or transfer the medical records
corresponding to the enrollees upon termination of said transitional period.
27 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Emergency services
Act No. 194
August 25, 2000
Section 8(c)
A health plan shall provide emergency service benefits with no waiting period. The previous authorization of the
carrier shall not be required when providing these emergency services. Furthermore, these services shall be
provided regardless of whether the provider of such emergency services is a participating provider. In the event
that an enrollee is provided services by a provider not contracted by the carrier, the enrollee shall not be held
liable for the payment of services in an amount exceeding the amount applicable if the enrollee had received such
services from a provider contracted by the carrier. The carrier shall compensate the provider offering the services,
and the provider shall be under the obligation to accept said compensation, for an amount not to be less than the
agreed with the providers contracted by the carrier to offer the very same services. Moreover, under these
circumstances, such emergency services shall be provided regardless of the conditions set forth by the
corresponding health plan.
Experimental or Investigational
Treatment
Act No. 194
August 25, 2000
Section 9(g)
A health plan shall contain a provision setting forth that the carrier shall pay the routine medical expenses of any
enrollee suffering from a life-threatening condition for which there is no effective treatment, when the enrollee is
eligible for participating in an authorized clinical treatment study pursuant to the study protocol provisions
concerning said treatment, provided the participation of the enrollee offers a potential benefit to he/she and the
physician referring the enrollee believes that participation in said study is pertinent, or the enrollee presents
evidence of the fact that participation in said study is pertinent. Routine medical expenses of the enrollee shall not
be construed to be expenses related to the study, or tests administered to be used as part of the study, or expenses
the entity conducting the study is likely to pay.
HIV/AIDS Virus
Act No. 349
September 1, 2000
Bill of Rights for carriers of the HIV/AIDS Virus in Puerto Rico. Right to the best assistance and treatment,
without any restriction, to guarantee a better quality of life.
Maternity Care
Act No. 248
August 15, 1999
Any carrier that provides maternity benefits shall provide a minimum coverage of forty eight (48) hours of care in
the hospital facilities in benefit of the mother and her newborn child (or children) if it is a natural birth without
complications, and a minimum of ninety-six (96) hours if she required a caesarean section.
Any decision that has the effect of shortening the period of time provided above shall have to be determined by
the attending purveyor with the acceptance of the enrollee.
If the mother and the newborn are released within a period that is less than what is provided in this section, but in
accordance with the second paragraph, the coverage shall provide for a follow-up visit within the next forty-eight
(48) hours. The services shall include, but shall not be limited to the attention and physical care of the child,
instruction on the care of the child for both parents, help and training on breast feeding, information regarding
home care, and the provision of any treatment, and medical tests for the infant as well as for the mother.
The language of the contract include the act number and its date of approval.
Yes
No
28 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
The services provided under the contract regarding mental conditions must comply with the "Mental Health Parity
Act". There shall be no distinction between a mental disorder and any other medical condition in terms of the
access to the services that persons shall need. In addition, the contract may not include any limitations on visits to
a psychiatrist, collateral visits, group therapy and residential treatments.
Obligation to provide Influenza
treatments and tests; Mandatory
immunization coverage
CN-2022-325-D
November 18, 2022
Administrative Order No. 554 - establish the obligation of all health services organization that administers a plan
of public or private health, to provide treatments, medicines and diagnostic tests to the
patients with influenza symptoms.
NEW!
General anesthesia
Act. No. 352
December 22, 1999
A health plan that provides coverage for general anesthesia services, hospitalization services and dental services in
the contract, shall not be able to exclude or deny coverage for general anesthesia to be administered by an
anesthesiologist and hospitalization services when:
(1) when a pediatric dentist, an oral or maxillofacial surgeon who is a member of the medical faculty of a hospital
determines that the condition or ailment of the enrollee is significantly complex according to the criteria
established by the American Academy of Pediatric Dentistry,
(2) when the enrollee, because of his/her age, impediment, or disability, is unable to resist or tolerate pain, or
cooperate with the treatment indicated in the dental procedures,
(3) when the infant, boy, girl, adolescent, or person with a physical or mental impediment has a medical condition
in which it is indispensable to carry out dental treatment under general anesthesia in an ambulatory surgical center
or in a hospital, and that otherwise could pose a significant threat to the enrollee’s health,
(4) when local anesthesia is ineffective or contraindicated because of an acute infection, anatomic variation, or
allergic condition,
(5) when the enrollee is an infant, a boy, a girl, an adolescent, or a person with physical or mental disability, and is
in a state of fear or anxiety that prevents performing the dental treatment under the procedure traditionally used in
dental treatments and the condition is so critical that postponing or deferring treatment would result in pain,
infection, loss of teeth, or dental morbidity,
(6) when an enrollee has received an extensive and severe dental trauma where the use of local anesthesia would
jeopardize the quality of the services or would be ineffective to handle the pain and apprehension.
Preauthorization.
Every carrier that requires preauthorization to provide the general anesthesia and hospitalization services
coverage, as determined by a pediatric dentist, oral or maxillofacial surgeon, shall approve or deny it within two
(2) days from the date the enrollee submits all the documents required by the carrier. The required documents
shall be:
(a) the enrollee's diagnosis; (b) the enrollee’s medical condition; and (c) the reasons that justify for the enrollee to
receive general anesthesia to perform the dental treatment.
Federal Laws
Mental Health Parity Act
Circular and Rulings Letters
29 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
Test rates for the detection of
Covid-19
CN-2022-315-AS
May 10, 2022
Insurers and health insurance organizations should not amend through circular letters or other documents the fees
they pay to their providers for COVID-19 screening tests, or group codes.
NEW!
OCS postal address
CC-2021-1979-D
January 25, 2021
Direccion postal OCS
Oficina del Comisionado de Seguros
361 Calle Calaf
PO Box 195415
San Juan, PR 00919
Edificio World Plaza
268 Ave. Munoz Rivera
San Juan, PR 00918
SELECTION OF INDEPENDENT
REVIEW ORGANIZATION
CC-2020-1977-D
November 18, 2020
Independent External Reviews will be conducted through the independent review body "Maximus Federal
Services, Inc".
Billing Codes for diagnostic
services, sampling and treatment of
covid-19
CN-2021-292-D
January 28, 2021
Billing Codes for diagnostic services, sampling and treatment of covid-19
CODES AND FEES OF TESTING
FOR THE DETECTION OF
COVID-19
CN-2020-289-D
December 11, 2020
Insurers and organizations are required to provide the health service providers and / or laboratories that administer
tests for the diagnosis of COVID-19 within a term of five (5) days from the date of this Normative Letter. , the
corresponding billing codes, sample collection codes, and fees for the molecular test, antigen test, and serological
test, respectively.
Personal Protective Equipment
Cover for Dental Services
CN-2020-279-D
June 16, 2020
Insurers and health care organizations are required to include the D1999 code on dental coverage for commercial
health plans.
The D1999 code must be billed by a dentist, under a current contract with an insurer or health services
organization, accompanied by the dental procedure (s) performed per day and which are part of the patient's
coverage, after their in-person visit to the dental office the rate corresponding to this code, which should not be
less than $ 35.00 per face-to-face visit to the dental office
AMENDMENT TO
REGULATORY LETTER NO.
2020-274-D
CN-2020-278-D
May 14, 2020
For the purpose of expanding its scope in accordance with the provisions of Joint Resolution 32-2020 and Law
No. 48-2020. The provisions of Normative Letter CN-2020-274-D remain in force, as amended by what is
established herein. the patient who receives medical or psychological attention through the use of telemedicine or
telephone, will be exempted from paying shared costs for these services during the term of the Joint Resolution.
PAYMENT TO HEALTH
SERVICE PROVIDERS USE OF
TELEMEDICINE
CN-2020-274-D
April 8, 2020
All health services organizations and insurers that underwrite commercial health plans and Medicare Advantage
honor the payment of services provided by health service providers, whether physical or mental health, through
the use of telemedicine based on the same rate as if the service was provided in person face to face.
AMENDMENT TO
REGULATORY LETTER NO.
CN- 2020-265-D
CN-2020-269-D
March 20, 2020
Availability of coverage for the COVID-19 diagnostic test will be provided by insurers and health service
organizations that subscribe to group and individual medical plans in the private sector “free of cost sharing”
(including deductibles, copays and coinsurance) to the insured, in cases where the test is ordered to be performed
in accordance with medical criteria. Neither may it establish prior authorization requirements or other service
utilization management requirements.
Access to Health Services
CN-2020-268-D
March 16, 2020
Grace Period for Premium Payment, Medication Dispatch, Out-of-Network Providers, Pre-authorizations and
Referrals, Telemedicine,
Term for the presentation of claims
30 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
GUIDELINES ON CARE FOR
CORONA VIRUS (COVID-19)
CN-2020-265-D
March 11, 2020
• Inform their insured on their internet portals and customer service telephone lines about the providers available
to go to receive medical care services.
• Allow free access to providers outside the network, in case of insufficient or unavailable providers
• Provide coverage for emergency health services without prior authorization, regardless of whether the provider is
a participant in your network.
• Provide coverage, free of out-of-pocket cost to the insured (copayments, deductibles or coinsurance), for
immunization services against COVID-19
• Rescind the requirement of pre-authorizations or step treatment, when for reasons of medical criteria a drug is
recommended outside the formulary to treat any health condition associated with COVID-19
Maximum Out of Pocket
Ruling Letter No. CN-2013-
159-AS
October 22, 2013
The Maximum Out of Pocket Limit (MOOP) that carriers should apply in their coverages, as established by the
Commissioner, is $6,350 individual coverage and $12,700 family coverage.
Meningitis vaccine
Ruling Letter No. 2011-131-
AV
September 1, 2011
Require that health plans must include the meningitis vaccine as part of the basic coverage.
Preventive Services
Ruling Letter No. N-AV-7-
8-2001
July 6, 2001
Requires every carrier to offer, as part of basic coverage, an annual medical evaluation that includes preventive
services required by Act No. 296 of September 1, 2000 without any cost sharing beyond the premium originally
established for said plans.
The mentioned act imposes to the Puerto Rico Department of Education the responsibility to ensure that each
child received an annual medical evaluation at the beginning of the school year. Said medical evaluation must
include physical and mental evaluation, oral hygiene, hearing and visual tests, as well as periodic tests
recommended by the American Academy of Pediatrics.
Hospital services
Ruling Letter No. N-AV-12-
111-99
December 20, 1999
Requires that all carriers shall estipulate that in such cases in which an enrollee decides to use a private hospital
room, instead of a semi-private room, he or she will be responsible for the difference in cost that this utilization
represents. In addition, all health plans shall estipulate that unless in the cases of differences in the cost of the
hospital rooms, the providers cannot charge to enrollees in a private rooms different quantities to those that have
the rights to charge if said enrollee was confined in a semi-private room.
HIPAA
Ruling Letter No. N-AV-10-
90-97
November 24, 1997
Establishes that the Health Insurance Portability and Accountability Act (HIPAA) is applicable in our jurisdiction
and preempts the Insurance Code, with regard to the provisions required in the act, which are not provided in said
Code or which are less stringent than the federal requirements.
Ambulance services
Ruling Letter No. N-C-8-71-
95
October 13, 1995
Requires that all carriers that provides ambulance services in their coverage must estipulate that the ambulance
companies that will render the services must be authorized by the Puerto Rico Commission of Public Services.
31 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
HIV Screening
Circular Letter No. CC-
2014-1848-AS
January 22, 2014
Regarding pregnant women, all carriers are required to cover and will not impose cost-sharing requirements with
regard to the following tests included in the most recent recommendations of the “United States Preventive
Services Task Force (USPSTF):
1) A first HIV test during the first trimester of pregnancy at the first prenatal visit, and
2) A second test during the third trimester of pregnancy (between the 28th and 34th week of pregnancy).
Essential Health Benefits
Circular Letter No. 2013-
1825-D
March 1, 2013
and
Section 2.050(D)(1)
Health Code
All carriers that provide health plans to individuals and small groups, with the exception of grandfathered plans,
large groups and large groups for Bona Fide Associations, will have to include in such plans at a minimum
essential health services known as Essential Health Benefits (EHB). EHB include benefits and services in at least
the following ten categories:
1. Out-patient (ambulatory) services and medical-surgical services
2. Emergency services
3. Hospitalization
4. Maternity and newborn care services
5. Mental health and substance use disorder services
6. Laboratories, X-Rays and diagnostic testing services
7. Pediatric services including the respiratory syncytial virus vaccine, the cervical cancer vaccine, the vision and
dental care
8. Prescribed medication
9. Rehabilitation and habilitation services and equipment
10. Preventive, wellness, and management of chronic disease services
11. Any other mandatory service or benefit required by Commonwealth or Federal laws or regulations
The EHB Benchmark Plan selected for Puerto Rico was Optimo Plus PPO. Exclusively with regard to pediatric
vision services, the rule provides for using the coverage of the Federal Employees Dental and Vision Insurance
Program (FEDVIP) to define the EHB that must be included in health plans.
Coordination of Benefit
Chapter 11 / Insurance
Code
§ 11.110(1)
The contract shall include a coordination of benefit provision in compliance with the Coordination of Benefit
Model Regulation of the NAIC.
Medicare Supplement Policies
disclosure notice
Rule L
Regulation of the Insurance
Code
§ 17(D)(1)
Appendix C
Notice related to contracts or certificates which are not Medicare Supplement Policies.
Disclosure Statements. Instructions for use of the disclosure statements for health plans sold to Medicare
beneficiaries that duplicate Medicare.
ADDITIONAL REQUIREMENTS
32 of 33
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO FORM FILING CHECK LIST
SMALL GROUP MARKET
SUBJECT
REGULATORY
REFERENCE
COMMENTS
Please specify location
(Form/Page/Paragraph/
Other) of complying
provision/language *
or attach explanation for a
N/A response **
FOR OFFICIAL
USE ONLY
The contract has been revised to verify that all terms define in the same are actually being use.
The Table of Copayment, Coinsurance and Deductibles of the contract include the cost sharing for all the covered
services. This verification has been performed by the carrier.
The submission include the provided directory in the supporting documentation tab.
The submission include the drug formulary by therapeutic category in the supporting documentation tab.
The drug formulary include contraceptives for each of the types as approved by the FDA.
Exclusions or limitations related to the commission or the attempt to commit a crime or felony clearly indicate
that apply, except if any injury results from domestic violence or a medical condition.
Exclusions or limitations related to service connected injuries or conditions are not included. Language related to
service connected injuries or conditions can be included in a Subrogation clause.
Application Forms
Section 14.100 of the health
insurance code
Section 27.50 of the
Insurance Code
Rule 102 of the Regulations
of the Insurance Code
If the application includes an authorization to disclose non-public personal health information, the authorization
specifies the length of time the authorization will remain valid. The maximum allowable period is 24 months.
The application contains the prescribed fraud warning statement above the insured’s signature.
The application contains a question requiring information with respect to other health insurance, for the
Coordination of Benefits.
If the health plan will be marketed by electronic means, the application must contain the required disclosures
regarding the delivery of all policy documents, the right to obtain a paper copy free of charge and other applicable
disclosures.
Signature: _____________________________________________________________________
Date: _____________________________________________________________________
Providers Directory
Drug Formulary
Crime or Felony
Service connected
CERTIFICATION
I ____________________________________ have reviewed or supervised the preparation of the above checklist and certify that the form(s) and/or drug formulary is (are) in compliance with all of the applicable requirements of the
Insurance Code of Puerto Rico, Health Insurance Code of Puerto Rico, Federal and State Laws, Ruling and Circular Letters related to the Small Group Market, including Small Groups for Bonafide Associations, and that the form(s)
and/or drug formulary does (do) not contain dispositions previously disapproved or required to be corrected by the Office of the Commissioner of Insurance of Puerto Rico. I also acknowledge responsibility for the validity, accuracy
and completeness of the contents of this checklist, the transmittal letter and enclosures with the filing.
Table of Copayment, Coinsurance and Deductibles (Contract)
Definitions
Yes
No
No
Yes
Yes
No
Yes
No
Yes
No
Yes
No
No
Yes
No
Yes
Yes
No
No
Yes
Yes
No
33 of 33
Carrier Name
ATTACHMENT 8
Rev. 02/2023
Cubierta Metálica
Cubierta Metálica
Cubierta Metálica
Nombre del Plan
Nombre del Plan
Nombre del Plan
Deducible y Máximo de Bolsillo (MOOP)
Deducible Anual para Beneficios Médicos
-Individual
-Familiar
Deducible Anual para Medicamentos
-Individual
-Familiar
Gasto Maximo de Bolsillo (MOOP) para Beneficios Medicos y Medicamentos
Recetados (Combinados)
-Individual
-Familiar
Beneficios Esenciales de Salud
Servicios de Emergencia
-Accidente
-Enfermedad
Hospitalización
-Parcial incluyendo Salud Mental
-Completa con Pre-Autorización (incluyendo Salud Mental)
-Completa sin Pre-Autorización (incluyendo Salud Mental)
-Facilidad de Enfermeria Especializada (Skilled Nursing Facility)
-Asistencia Quirurgica
Servicios Ambulatorios
-Generalista
-Especialista
-Sub-Especialista
-Siquiatria
-Sicólogo
-Podiatria
-Quiropráctico
-Audiologo
-Optómetra
Centro de Cirugia Ambulatoria
Procedimientos Diagnósticos y Quirúrgicos ambulatorios en Oficina Medica
-Procedimientos Endoscopicos
Servicios de Rehabilitación, Habilitación, y Equipo Medico Duradero
-Terapia Fisica
-Terapia Respiratoria
Cuidado de Salud en el Hogar (incluye, entre otros, Terapia del Habla y Ocupacional)
-Equipo Médico Duradero
-Manipulaciones de Quiropráctico
Salud Mental
-Terapia de Grupo
-Visitas Colaterales
Farmacia
-Generico Bioequivalente
-Marca Preferida
-Marca No Preferida
-Productos Especializados
-Medicamentos Fuera del Recetario (OTC)
Programa de Medicamentos Por Correo (si aplica)
-Generico Bioequivalente
-Marca Preferida
-Marca No Preferida
-Productos Especializados
Servicios de Laboratorios y Rayos X
-Laboratorio
-Rayos X
PET Scan, CT Scan, MRI o PET CT (1 por año)
Servicios Preventivos, Bienestar y Manejo de Enfermedades Crónicas
-Servicios Preventivos (incluyendo las de mujer)
-Inmunizaciones (Vacunas) Preventivas
-Inmunización (Vacuna) para Virus Respiratorio Sincitial
Servicios de Visión Pediátrica
Examen de la vista (Refracción)
Visión Pediátrica (Lentes de Correción Visual o marcos (frames) para Lentes de
Corrección Visual)
Otros Servicios Cubiertos
Examen de Refracción (adultos)
Ambulancia Aerea en Puerto Rico
Servicios de Emergencia en EU
Servicios en los Estados Unidos de América de casos donde se requiera equipo, tratmiento y facilidades
no disponibles en Puerto Rico
Beneficio de Cirugía Bariátrica para el Tratamiento de Obesidad Mórbida
Procedimiento de Cirugía Bariátrica
Programas Incluidos como Parte de sus Beneficios
Nutricionista
Cubierta Dental
-Diagnostico y Preventivo
-Mantenedores de Espacio
GOVERNMENT OF PUERTO RICO
OFFICE OF THE COMMISSIONER OF INSURANCE
PUERTO RICO CONTRACEPTIVES METHODS CHECK LIST
Rev 02/2023
FDA Contraception Method
Please specify location
(Page number/Row/Column) in the
Drug Formulary or Contract
Please specify the commercial brand or generic name
as included in the drug formulary
FOR OFFICIAL USE
ONLY
Sterilization Surgery for Women
Sterilization Implant for Women
IUD Copper
IUD Progestin
Implantable Rod
Shot/Injection
Oral Contraceptives (Combined Pill)
Oral Contraceptives (Extended/Continuous Use Combined Pill)
Oral Contraceptives "the Mini Pill" (Progestin Only)
Patch
Vaginal Contraceptive Ring
Diaphragm with Spermicide
Sponge with Spermicide
Cervical Cap with Spermicide
Female Condom
Spermicide Alone
Levonorgestrel 1.5 mg / .75 mg
Ulipristal Acetate
I ____________________________________ have reviewed or supervised the preparation of the above list and certify that the forms(s) and/or drug formulary is(are) in compliance with all of the
applicable requirements of the USPSTF in relation to contraceptives methods. I also acknowledge responsibility for the validity, accuracy and completeness of the contents of this checklist.
Signature: _____________________________________________________________________
Date: _____________________________________________________________________
COMPANY:
ATTACHMENT 9
FORM(S) NUMBER:
SERFF TRACKING NUMBER:
TYPE OF INSURANCE (TOI):
CERTIFICATION
Attachment 10
CATEGORY
CLASS
BENCHMARK
COUNT
COVERED
COUNT
CLASS PAGE
REFERNCE
ANALGESICS
NONSTEROIDAL ANTI‐INFLAMMATORY DRUGS
19
ANALGESICS
OPIOID ANALGESICS, LONG‐ACTING
6
ANALGESICS
OPIOID ANALGESICS, SHORT‐ACTING
7
ANESTHETICS
LOCAL ANESTHETICS
2
ANTI‐ADDICTION/SUBSTANCE ABUSE TREATMENT AGENTS
ALCOHOL DETERRENTS/ANTI‐CRAVING
1
ANTI‐ADDICTION/SUBSTANCE ABUSE TREATMENT AGENTS
OPIOID ANTAGONISTS
2
ANTI‐ADDICTION/SUBSTANCE ABUSE TREATMENT AGENTS
SMOKING CESSATION AGENTS
0
ANTI‐INFLAMMATORY AGENTS
GLUCOCORTICOIDS
1
ANTI‐INFLAMMATORY AGENTS
NONSTEROIDAL ANTI‐INFLAMMATORY DRUGS
19
ANTIBACTERIALS
AMINOGLYCOSIDES
5
ANTIBACTERIALS
ANTIBACTERIALS, OTHER
13
ANTIBACTERIALS
BETA‐LACTAM, CEPHALOSPORINS
11
ANTIBACTERIALS
BETA‐LACTAM, OTHER
0
ANTIBACTERIALS
BETA‐LACTAM, PENICILLINS
7
ANTIBACTERIALS
MACROLIDES
3
ANTIBACTERIALS
QUINOLONES
5
ANTIBACTERIALS
SULFONAMIDES
4
ANTIBACTERIALS
TETRACYCLINES
4
ANTICONVULSANTS
ANTICONVULSANTS, OTHER
2
ANTICONVULSANTS
CALCIUM CHANNEL MODIFYING AGENTS
4
ANTICONVULSANTS
GAMMA‐AMINOBUTYRIC ACID (GABA) AUGMENTING
AGENTS
4
ANTICONVULSANTS
GLUTAMATE REDUCING AGENTS
3
ANTICONVULSANTS
SODIUM CHANNEL AGENTS
6
ANTIDEMENTIA AGENTS
ANTIDEMENTIA AGENTS, OTHER
1
ANTIDEMENTIA AGENTS
CHOLINESTERASE INHIBITORS
3
ANTIDEMENTIA AGENTS
N‐METHYL‐D‐ASPARTATE (NMDA) RECEPTOR ANTAGONIST
1
ANTIDEPRESSANTS
ANTIDEPRESSANTS, OTHER
7
ANTIDEPRESSANTS
MONOAMINE OXIDASE INHIBITORS
3
PRESCRIPTION DRUG EHB‐BENCHMARK PLAN BENEFITS BY CATEGORY AND CLASS
1 of 6
CATEGORY
CLASS
BENCHMARK
COUNT
COVERED
COUNT
CLASS PAGE
REFERNCE
ANTIDEPRESSANTS
SEROTONIN/NOREPINEPHRINE REUPTAKE INHIBITORS
8
ANTIDEPRESSANTS
TRICYCLICS
9
ANTIEMETICS
ANTIEMETICS, OTHER
10
ANTIEMETICS
EMETOGENIC THERAPY ADJUNCTS
5
ANTIFUNGALS
NO USP CLASS
24
ANTIGOUT AGENTS
NO USP CLASS
4
ANTIMIGRAINE AGENTS
ERGOT ALKALOIDS
2
ANTIMIGRAINE AGENTS
PROPHYLACTIC
3
ANTIMIGRAINE AGENTS
SEROTONIN (5‐HT) 1B/1D RECEPTOR AGONISTS
7
ANTIMYASTHENIC AGENTS
PARASYMPATHOMIMETICS
2
ANTIMYCOBACTERIALS
ANTIMYCOBACTERIALS, OTHER
2
ANTIMYCOBACTERIALS
ANTITUBERCULARS
9
ANTINEOPLASTICS
ALKYLATING AGENTS
6
ANTINEOPLASTICS
ANTIANGIOGENIC AGENTS
2
ANTINEOPLASTICS
ANTIESTROGENS/MODIFIERS
3
ANTINEOPLASTICS
ANTIMETABOLITES
1
ANTINEOPLASTICS
ANTINEOPLASTICS, OTHER
2
ANTINEOPLASTICS
AROMATASE INHIBITORS, 3RD GENERATION
3
ANTINEOPLASTICS
ENZYME INHIBITORS
0
ANTINEOPLASTICS
MOLECULAR TARGET INHIBITORS
11
ANTINEOPLASTICS
MONOCLONAL ANTIBODIES
0
ANTINEOPLASTICS
RETINOIDS
2
ANTIPARASITICS
ANTHELMINTICS
3
ANTIPARASITICS
ANTIPROTOZOALS
11
ANTIPARASITICS
PEDICULICIDES/SCABICIDES
2
ANTIPARKINSON AGENTS
ANTICHOLINERGICS
3
ANTIPARKINSON AGENTS
ANTIPARKINSON AGENTS, OTHER
2
ANTIPARKINSON AGENTS
DOPAMINE AGONISTS
3
ANTIPARKINSON AGENTS
DOPAMINE PRECURSORS/L‐AMINO ACID DECARBOXYLASE
INHIBITORS
2
ANTIPARKINSON AGENTS
MONOAMINE OXIDASE B (MAO‐B) INHIBITORS
1
ANTIPSYCHOTICS
1ST GENERATION/TYPICAL
10
ANTIPSYCHOTICS
2ND GENERATION/ATYPICAL
5
ANTIPSYCHOTICS
TREATMENT‐RESISTANT
1
ANTISPASTICITY AGENTS
NO USP CLASS
3
ANTIVIRALS
ANTI‐CYTOMEGALOVIRUS (CMV) AGENTS
0
2 of 6
CATEGORY
CLASS
BENCHMARK
COUNT
COVERED
COUNT
CLASS PAGE
REFERNCE
ANTIVIRALS
ANTI‐HIV AGENTS, NON‐NUCLEOSIDE REVERSE
TRANSCRIPTASE INHIBITORS
5
ANTIVIRALS
ANTI‐HIV AGENTS, NUCLEOSIDE AND NUCLEOTIDE REVERSE
TRANSCRIPTASE INHIBITORS
11
ANTIVIRALS
ANTI‐HIV AGENTS, OTHER
3
ANTIVIRALS
ANTI‐HIV AGENTS, PROTEASE INHIBITORS
9
ANTIVIRALS
ANTI‐INFLUENZA AGENTS
4
ANTIVIRALS
ANTIHEPATITIS AGENTS
9
ANTIVIRALS
ANTIHERPETIC AGENTS
5
ANXIOLYTICS
ANXIOLYTICS, OTHER
4
ANXIOLYTICS
SSRIS/SNRIS (SELECTIVE SEROTONIN REUPTAKE
INHIBITORS/SEROTONIN AND NOREPINEPHRINE REUPTAKE
INHIBITORS)
5
BIPOLAR AGENTS
BIPOLAR AGENTS, OTHER
5
BIPOLAR AGENTS
MOOD STABILIZERS
5
BLOOD GLUCOSE REGULATORS
ANTIDIABETIC AGENTS
17
BLOOD GLUCOSE REGULATORS
GLYCEMIC AGENTS
2
BLOOD GLUCOSE REGULATORS
INSULINS
10
BLOOD PRODUCTS/MODIFIERS/VOLUME EXPANDERS
ANTICOAGULANTS
7
BLOOD PRODUCTS/MODIFIERS/VOLUME EXPANDERS
BLOOD FORMATION MODIFIERS
5
BLOOD PRODUCTS/MODIFIERS/VOLUME EXPANDERS
COAGULANTS
0
BLOOD PRODUCTS/MODIFIERS/VOLUME EXPANDERS
PLATELET MODIFYING AGENTS
6
CARDIOVASCULAR AGENTS
ALPHA‐ADRENERGIC AGONISTS
4
CARDIOVASCULAR AGENTS
ALPHA‐ADRENERGIC BLOCKING AGENTS
4
CARDIOVASCULAR AGENTS
ANGIOTENSIN II RECEPTOR ANTAGONISTS
7
CARDIOVASCULAR AGENTS
ANGIOTENSIN‐CONVERTING ENZYME (ACE) INHIBITORS
10
CARDIOVASCULAR AGENTS
ANTIARRHYTHMICS
7
CARDIOVASCULAR AGENTS
BETA‐ADRENERGIC BLOCKING AGENTS
12
CARDIOVASCULAR AGENTS
CALCIUM CHANNEL BLOCKING AGENTS
9
CARDIOVASCULAR AGENTS
CARDIOVASCULAR AGENTS, OTHER
3
CARDIOVASCULAR AGENTS
DIURETICS, CARBONIC ANHYDRASE INHIBITORS
2
CARDIOVASCULAR AGENTS
DIURETICS, LOOP
4
CARDIOVASCULAR AGENTS
DIURETICS, POTASSIUM‐SPARING
4
CARDIOVASCULAR AGENTS
DIURETICS, THIAZIDE
6
CARDIOVASCULAR AGENTS
DYSLIPIDEMICS, FIBRIC ACID DERIVATIVES
2
CARDIOVASCULAR AGENTS
DYSLIPIDEMICS, HMG COA REDUCTASE INHIBITORS
6
3 of 6
CATEGORY
CLASS
BENCHMARK
COUNT
COVERED
COUNT
CLASS PAGE
REFERNCE
CARDIOVASCULAR AGENTS
DYSLIPIDEMICS, OTHER
6
CARDIOVASCULAR AGENTS
VASODILATORS, DIRECT‐ACTING ARTERIAL
2
CARDIOVASCULAR AGENTS
VASODILATORS, DIRECT‐ACTING ARTERIAL/VENOUS
3
CENTRAL NERVOUS SYSTEM AGENTS
ATTENTION DEFICIT HYPERACTIVITY DISORDER AGENTS,
AMPHETAMINES
3
CENTRAL NERVOUS SYSTEM AGENTS
ATTENTION DEFICIT HYPERACTIVITY DISORDER AGENTS,
NON‐AMPHETAMINES
3
CENTRAL NERVOUS SYSTEM AGENTS
CENTRAL NERVOUS SYSTEM AGENTS, OTHER
1
CENTRAL NERVOUS SYSTEM AGENTS
FIBROMYALGIA AGENTS
2
CENTRAL NERVOUS SYSTEM AGENTS
MULTIPLE SCLEROSIS AGENTS
7
DENTAL AND ORAL AGENTS
NO USP CLASS
5
DERMATOLOGICAL AGENTS
NO USP CLASS
24
ENZYME REPLACEMENT/MODIFIERS
NO USP CLASS
6
GASTROINTESTINAL AGENTS
ANTISPASMODICS, GASTROINTESTINAL
5
GASTROINTESTINAL AGENTS
GASTROINTESTINAL AGENTS, OTHER
5
GASTROINTESTINAL AGENTS
HISTAMINE2 (H2) RECEPTOR ANTAGONISTS
4
GASTROINTESTINAL AGENTS
IRRITABLE BOWEL SYNDROME AGENTS
2
GASTROINTESTINAL AGENTS
LAXATIVES
1
GASTROINTESTINAL AGENTS
PROTECTANTS
2
GASTROINTESTINAL AGENTS
PROTON PUMP INHIBITORS
4
GENITOURINARY AGENTS
ANTISPASMODICS, URINARY
3
GENITOURINARY AGENTS
BENIGN PROSTATIC HYPERTROPHY AGENTS
7
GENITOURINARY AGENTS
GENITOURINARY AGENTS, OTHER
3
GENITOURINARY AGENTS
PHOSPHATE BINDERS
3
HORMONAL AGENTS,
STIMULANT/REPLACEMENT/MODIFYING (ADRENAL)
GLUCOCORTICOIDS/MINERALOCORTICOIDS
23
HORMONAL AGENTS,
STIMULANT/REPLACEMENT/MODIFYING (PITUITARY)
NO USP CLASS
2
HORMONAL AGENTS,
STIMULANT/REPLACEMENT/MODIFYING (PROSTAGLANDINS) NO USP CLASS
1
4 of 6
CATEGORY
CLASS
BENCHMARK
COUNT
COVERED
COUNT
CLASS PAGE
REFERNCE
HORMONAL AGENTS,
STIMULANT/REPLACEMENT/MODIFYING (SEX
HORMONES/MODIFIERS)
ANABOLIC STEROIDS
0
HORMONAL AGENTS,
STIMULANT/REPLACEMENT/MODIFYING (SEX
HORMONES/MODIFIERS)
ANDROGENS
4
HORMONAL AGENTS,
STIMULANT/REPLACEMENT/MODIFYING (SEX
HORMONES/MODIFIERS)
ESTROGENS
6
HORMONAL AGENTS,
STIMULANT/REPLACEMENT/MODIFYING (SEX
HORMONES/MODIFIERS)
PROGESTINS
4
HORMONAL AGENTS,
STIMULANT/REPLACEMENT/MODIFYING (SEX
HORMONES/MODIFIERS)
SELECTIVE ESTROGEN RECEPTOR MODIFYING AGENTS
1
HORMONAL AGENTS,
STIMULANT/REPLACEMENT/MODIFYING (THYROID)
NO USP CLASS
2
HORMONAL AGENTS, SUPPRESSANT (ADRENAL)
NO USP CLASS
1
HORMONAL AGENTS, SUPPRESSANT (PARATHYROID)
NO USP CLASS
1
HORMONAL AGENTS, SUPPRESSANT (PITUITARY)
NO USP CLASS
6
HORMONAL AGENTS, SUPPRESSANT (SEX
HORMONES/MODIFIERS)
ANTIANDROGENS
5
HORMONAL AGENTS, SUPPRESSANT (THYROID)
ANTITHYROID AGENTS
2
IMMUNOLOGICAL AGENTS
IMMUNE SUPPRESSANTS
8
IMMUNOLOGICAL AGENTS
IMMUNIZING AGENTS, PASSIVE
0
IMMUNOLOGICAL AGENTS
IMMUNOMODULATORS
7
INFLAMMATORY BOWEL DISEASE AGENTS
AMINOSALICYLATES
3
INFLAMMATORY BOWEL DISEASE AGENTS
GLUCOCORTICOIDS
5
INFLAMMATORY BOWEL DISEASE AGENTS
SULFONAMIDES
1
METABOLIC BONE DISEASE AGENTS
NO USP CLASS
14
OPHTHALMIC AGENTS
OPHTHALMIC PROSTAGLANDIN AND PROSTAMIDE
ANALOGS
3
OPHTHALMIC AGENTS
OPHTHALMIC AGENTS, OTHER
3
OPHTHALMIC AGENTS
OPHTHALMIC ANTI‐ALLERGY AGENTS
6
OPHTHALMIC AGENTS
OPHTHALMIC ANTI‐INFLAMMATORIES
9
OPHTHALMIC AGENTS
OPHTHALMIC ANTIGLAUCOMA AGENTS
13
OTIC AGENTS
NO USP CLASS
6
5 of 6
CATEGORY
CLASS
BENCHMARK
COUNT
COVERED
COUNT
CLASS PAGE
REFERNCE
RESPIRATORY TRACT AGENTS
ANTI‐INFLAMMATORIES, INHALED CORTICOSTEROIDS
5
RESPIRATORY TRACT AGENTS
ANTIHISTAMINES
10
RESPIRATORY TRACT AGENTS
ANTILEUKOTRIENES
2
RESPIRATORY TRACT AGENTS
BRONCHODILATORS, ANTICHOLINERGIC
2
RESPIRATORY TRACT AGENTS
BRONCHODILATORS, PHOSPHODIESTERASE INHIBITORS
(XANTHINES)
2
RESPIRATORY TRACT AGENTS
BRONCHODILATORS, SYMPATHOMIMETIC
7
RESPIRATORY TRACT AGENTS
MAST CELL STABILIZERS
1
RESPIRATORY TRACT AGENTS
PULMONARY ANTIHYPERTENSIVES
5
RESPIRATORY TRACT AGENTS
RESPIRATORY TRACT AGENTS, OTHER
3
SKELETAL MUSCLE RELAXANTS
NO USP CLASS
6
SLEEP DISORDER AGENTS
GABA RECEPTOR MODULATORS
2
SLEEP DISORDER AGENTS
SLEEP DISORDERS, OTHER
3
THERAPEUTIC NUTRIENTS/MINERALS/ELECTROLYTES
ELECTROLYTE/MINERAL MODIFIERS
5
THERAPEUTIC NUTRIENTS/MINERALS/ELECTROLYTES
ELECTROLYTE/MINERAL REPLACEMENT
7
CERTIFICATION
I ____________________________________ have reviewed or supervised the preparation of the above checklist and certify that the drug formulary is (are) in compliance
with all of the applicable requirements of the Insurance Code of Puerto Rico, Health Insurance Code of Puerto Rico, Federal and State Laws, Ruling and Circular Letters
related to the Individual and Small Group Market and that the drug formulary does (do) not contain dispositions previously disapproved or required to be corrected by the
Office of the Commissioner of Insurance of Puerto Rico. I also acknowledge responsibility for the validity, accuracy and completeness of the contents of this checklist, the
transmittal letter and enclosures with the filing.
Signature: _____________________________________________________________________
Date: _____________________________________________________________________
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