June 23, MEMBERS Governor Rick Scott Attorney General Pam Bondi Chief Financial Officer Jeff Atwater Commissioner Adam Putnam
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1 Contact: AGENDA FINANCIAL SERVICES COMMISSION Office of Insurance Regulation Materials Available on the Web at: June 23, 2015 MEMBERS Governor Rick Scott Attorney General Pam Bondi Chief Financial Officer Jeff Atwater Commissioner Adam Putnam Karen Kees ( ) 9:00 A.M. LL-03, The Capitol Tallahassee, Florida ITEM SUBJECT RECOMMENDATION 1. Minutes of the Financial Services Commission December 9, 2014 April 14, 2015 May 5, 2015 (ATTACHMENT 1) FOR APPROVAL 2. Request for Approval for Publication of Repeal of Rule 69O ,.303,.304; Long Term Care-Rates These rules are being repealed and the Long-Term Care Facility Only Rates, Home Health Care Only Rates, and Comprehensive Only Rates from the body of the rules will be published to the OIR website to facilitate a more rapid updating of the most recently published new business rates. The new business rates are determined by a statutorily prescribed formula and accordingly are not required to be adopted by rule. (ATTACHMENT 2) APPROVAL FOR PUBLICATION 3. Request for Approval for Publication of Proposed Amendment to 69O ; Mediation of Property Insurance Claims The rule governs the administrative requirements of section , F.S. regarding the mediation of residential and commercial property insurance claims. The Department of Financial Services administers the program and has adopted rule 69J , F.A.C. This rule comprehensively addresses all aspects of the mediation program. OIR rule 69O , F.A.C. at one point was identical to the DFS rule. Over time, the DFS rule has been amended and is not identical to the OIR rule. Much of the OIR rule is redundant and is not necessary. The revised rule is being amended to merely cross reference the DFS rule and maintain the penalty for an insurer s failure to appear at the mediation conference.
2 (ATTACHMENT 3) APPROVAL FOR PUBLICATION 4. Request for Approval for Final Adoption of Proposed Amendment to Rule 69O ,.103,.104,.106,.108; Annuity Contracts The change adopts annuity mortality tables for use in financial reporting of annuity reserves as set forth in Section Florida Statutes. The added new mortality table, recently adopted by the NAIC, is based upon recent annuitant mortality of insurers. Adoption will create uniformity among states following NAIC model regulation. (ATTACHMENT 4) APPROVAL FOR FINAL ADOPTION 5. Request for Approval for Final Adoption of Proposed Amendment to Rule 69O ,.007; Credit for Reinsurance From Eligible Reinsurers These rules are being amended in order to conform to the National Association of Insurance Commissioners (NAIC) model laws for accreditation purposes and to provide consistency among regulatory jurisdictions as to the manner in which reinsurers are granted the status of certified reinsurer (currently termed eligible reinsurer in the rule) and the manner in which Florida domestic insurance companies can apply credit for reinsurance from these entities. The amendments pertain to a requirement that ceding insurers notify the Office in the event that reinsurance recoverables or reinsurance ceded exceeds a certain amount; the filing requirements for certified reinsurers; the factors to be considered in the evaluation and rating of certified reinsurers; the method by which a jurisdiction is determined to be qualified; the circumstances under which the Commissioner may suspend, revoke, or otherwise modify a certified reinsurer s certification; and the effect of a rating downgrade, rating upgrade, or revocation of the certification of a certified reinsurer. (ATTACHMENT 5) APPROVAL FOR FINAL ADOPTION 6. Request for Approval for Final Adoption of Proposed Amendment to Rule 69O ; Annual and Quarterly Reporting Requirements These rules are being amended to adopt the 2015 NAIC Quarterly Statement Manuals, the 2014 NAIC Annual Statement Instructions Manuals, and the 2014 and 2015 NAIC Accounting Practices and Procedures Manuals. The current rule adopted the 2013 NAIC Quarterly Statement Manuals, the 2012 NAIC Annual Statement Instructions Manuals, and the 2012 and 2013 NAIC Accounting Practices and Procedures Manuals. The rule is also being updated to reflect the current process for filing the annual and quarterly statements as well as to specify that annual and quarterly statements are to be filed electronically and not in any other format. (ATTACHMENT 6) APPROVAL FOR FINAL ADOPTION 7. Request for Approval for Final Adoption of Proposed Amendment to Rule 69O ; NAIC Financial Condition Examiners Handbook Adopted Section , Florida Statutes, requires the Office to examine insurer s financial condition using generally accepted insurance accounting principles and practices. This
3 statute also allows the Office to adopt the NAIC Financial Condition Examiners Handbook to facilitate these exams. The rule is being amended to adopt the 2014 and 2015 NAIC Financial Condition Examiners Handbooks. The current rule adopted the 2013 and 2012 versions of these handbooks. (ATTACHMENT 7) APPROVAL FOR FINAL ADOPTION
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