Chapter 148
2022 -- H 8211
Enacted 06/27/2022

A N   A C T
RELATING TO INSURANCE -- NONPROFIT HOSPITAL SERVICE CORPORATIONS--RATE REVIEW ACT

Introduced By: Representatives Casey, Kennedy, Edwards, Cassar, Kislak, Casimiro, Speakman, Williams, Kazarian, and Hawkins

Date Introduced: May 05, 2022

It is enacted by the General Assembly as follows:
     SECTION 1. Section 27-19-6 of the General Laws in Chapter 27-19 entitled "Nonprofit
Hospital Service Corporations" is hereby amended to read as follows:
     27-19-6. Rates charged subscribers -- Reserves.
     (a) Public hearings General: The rates proposed to be charged or a rating formula proposed
to be used by any corporation organized under this chapter to employers, the state or any political
subdivision of the state, or individuals, shall be filed by the corporation at the office of the health
insurance commissioner (the "commissioner"). Within sixty (60) days after receipt of the
application, the commissioner, or his or her designee shall hold a hearing on all rates proposed for
health insurance coverage offered in the individual market as defined in § 27-18.5-2 upon not less
than ten (10) days written notice prior to the hearing. With regard to any other rates subject to the
commissioner's jurisdiction the commissioner, or his or her designee, may hold a hearing upon not
less than ten (10) days written notice prior to the hearing. The notice shall be published by the
commissioner in a newspaper or newspapers having aggregate general circulation throughout the
state at least ten (10) days prior to the hearing. The notice shall contain a description of the rates
proposed to be charged and a copy of the notice shall be sent to the applicant and to the department
of the attorney general. In addition, the applicant shall provide by mail, at least ten (10) days prior
to the hearing, notice of the proposed rate increase for health insurance coverage offered in the
individual market as defined in § 27-18.5-2 to all subscribers subject to the proposed rate increase.
     (b) Public hearings: Within ten (10) days after receipt of a filing, the commissioner shall
determine, subject to the provisions of subsection (f) of this section, whether they intend to hold a
public meeting or a public hearing at which time notice of such determination shall be sent to the
insurance advocacy unit of the attorney general. Any such public hearing shall commence within
sixty (60) days after receipt of the application, upon not less than ten (10) days’ written notice prior
to the hearing, published by the commissioner in a newspaper or newspapers having aggregate
general circulation throughout the state, at least ten (10) days prior to the hearing. The notice shall
contain a description of the rates proposed to be charged and a copy of the notice shall be sent to
the applicant and to the department of the attorney general. In the event there is a public hearing,
the attorney general may engage the services of any expert or consultant necessary to assist in
reviewing the filing, including having the ability to seek additional relevant information from the
filer. All public hearings held pursuant to this section shall be held in accordance with the
provisions of chapter 35 of title 42.
     (b)(c) Filings with the Attorney General's Office attorney general’s office: The applicant
shall provide a copy of the filing on all rates proposed for health insurance coverage offered in the
individual market as defined in § 27-18.5-2 to the Insurance Advocacy Unit of the Attorney
General's Office insurance advocacy unit of the attorney general's office simultaneously with the
filing at the office of the health insurance commissioner.
     (c)(d) Procedures: At any hearing held under this section, the applicant shall be required to
establish that the rates proposed to be charged or the rating formula to be used are consistent with
the proper conduct of its business and with the interest of the public.
     Rates proposed to be charged by any corporation organized under this chapter shall be
sufficient to maintain total reserves in a dollar amount sufficient to pay claims and operating
expenses for not less than one month. Those reserves shall be computed as of each December 31st,
and a report setting forth the computation shall be submitted to the commissioner together with the
corporation's Rhode Island annual statement to the commissioner. Any documents presented in
support of a filing of proposed rates under this section shall be made available for inspection by
any party entitled to participate in a hearing or admitted as an intervenor in a hearing or such
conditions as the commissioner may prescribe provided under this section at a time and at a place
as the commissioner may deem reasonable. The commissioner, or his or her designee, upon the
hearing, may administer oaths, examine and cross-examine witnesses, receive oral and
documentary evidence, and shall have the power to subpoena witnesses, compel their attendance,
and require the production of books, papers, records, correspondence, or other documents which
he or she deems relevant. The commissioner shall issue a decision as soon as is reasonably possible
following the completion of the hearing. The decision may approve, disapprove, or modify the rates
proposed to be charged by the applicant. Applicants requesting changes in rates shall underwrite
the reasonable expenses of the commissioner in connection with the hearing, including any costs
related to advertisements, stenographic reporting, and expert witnesses fees.
     (1) The applicant shall be required to establish that the rates proposed to be charged are
consistent with the proper conduct of its business and with the interest of the public.
     (2) Any documents presented in support of a filing of proposed rates under this section
shall be made available for public examination at a time and place that the commissioner may deem
reasonable.
     (3) If a public hearing is held pursuant to subsection (b) of this section, the commissioner,
or designee, upon the hearing, may administer oaths, examine and cross-examine witnesses, receive
oral and documentary evidence, and shall have the power to subpoena witnesses, compel their
attendance, and require the production of books, papers, records, correspondence, or other
documents which they deem relevant. Any designee who shall conduct a hearing pursuant to this
section shall report their findings, in writing, to the commissioner, within a reasonable time
following the conclusion of the hearing, with a recommendation for approval, disapproval, or
modification of the rates proposed to be charged by the applicant. The commissioner shall make
and issue a decision not later than ten (10) days following the issuance of the recommended decision
or, if the commissioner hears the application without the appointment of a designee, as soon as is
reasonably possible following the completion of the hearing on the proposed rate change. The
decision may approve, disapprove, or modify the rates proposed to be charged by the applicant.
     (d)(e) The term "designee," as used in this section, shall mean a person who is impartial; a
member in good standing of the Rhode Island bar; and a person who is sufficiently acquainted with
the rules of evidence as used in the superior court of the state so as to enable that person to conduct
a hearing as designee of the commissioner. The reasonable per diem cost of the designee, as
appointed by the commissioner, shall be paid by the applicant requesting changes in the rates.
     (f) Notwithstanding any provision of this section to the contrary, the commissioner shall
hold a public hearing in any instance where the applicant covers ten thousand (10,000) or more
enrolled individuals in the individual market, and the rates proposed in the filing for the annual rate
increase for products offered in the individual market produce an overall average rate increase of
ten percent (10%) or more. The commissioner shall require that any filing for a rate increase for
products offered in the individual market shall include the calculation of the "overall, average-rate
increase" in order to determine whether a public hearing is required.
     (1) For the purposes of this section, the calculation of the "overall, average-rate increase"
shall be based on the overall average increase percent weighted by member premiums, excluding
the effects of age scale increases. To calculate the overall, average-rate increase, the applicant shall
multiply the proposed rate increase by product, times the total monthly renewing premium for each
product, and then divide the product by the sum of monthly renewing premiums for all products.
The commissioner shall require this calculation to be provided as part of the applicant's individual
market rate filing.
     (g) In the event that subsection (f) of this section, in combination with § 42-62-13(b), would
result in more than one public hearing in any given calendar year, the commissioner may defer one
or more public hearing(s) for an applicant resulting from subsection (f) of this section or § 42-62-
13(b) until the subsequent calendar year, with the provision that one of the deferred applicants shall
be required to have a public hearing in the subsequent year, whether or not the applicants' filing
satisfies the requirements of subsection (f) of this section or § 42-62-13(b) in that subsequent
calendar year.
     (h) The commissioner shall notify the attorney general of the filing(s) to be deferred and
the attorney general shall be given the opportunity to provide written comments and
recommendations to the commissioner regarding any such filing(s) deferred in accordance with
subsection (g) of this section.
     (i) Notwithstanding any other provision of law to the contrary, the filing of proposed rates
or a rating formula, and the holding and conducting of any public hearing in connection with these
proposed rates or rating formula, shall be held in accordance with the provisions of chapter 35 of
title 42.
     (j) Public comment. Whether or not a public hearing is held pursuant to subsection (f) of
this section, the commissioner shall solicit public comment regarding the rates proposed to be
charged. Public comment shall be solicited upon not less than ten (10) days’ written notice prior to
the date that either:
     (1) A public meeting at which verbal comments may be provided; or
     (2) That written comment must be received by the commissioner.
     The notice shall contain a description of the rates proposed to be charged, or the formula
proposed to be used, and a copy of the notice shall be sent to the applicant and to the insurance
advocacy unit of the department of the attorney general. The attorney general shall be permitted to
conduct discovery in relation to the actuarial analysis and actuarial assumptions of the filer
regarding any filing in the individual market as defined in § 27-18.5-2. Any documents presented
in support of the filing under this section shall be made available for public examination at a time
and place that the commissioner may deem reasonable.
     (k) The applicant shall bear reasonable expenses of the commissioner in connection with a
filing made pursuant to this section, including any costs related to advertisements, stenographic
reporting, and expert fees, regardless of whether a public hearing is held. The applicant shall bear
reasonable expenses of the attorney general in relation to any public hearing conducted pursuant to
this section. The applicant shall bear reasonable expenses of the attorney general in relation to any
filing in the individual market that is not subject to a public hearing.
     SECTION 2. Section 27-20-6 of the General Laws in Chapter 27-20 entitled "Nonprofit
Medical Service Corporations" is hereby amended to read as follows:
     27-20-6. Rates charged subscribers -- Reserves -- Hearing by commissioner.
     (a) Public hearings General: The rates proposed to be charged or a rating formula proposed
to be used by any corporation organized under this chapter to its subscribers, employers, the state
or any political subdivision of the state, or individuals, shall be filed by the corporation at the office
of the health insurance commissioner (the "commissioner"). Within sixty (60) days after receipt of
the application, the commissioner, or his or her designee, shall hold a hearing on all rates proposed
for health insurance coverage offered in the individual market as defined in § 27-18.5-2 upon not
less than ten (10) days written notice prior to the hearing. With regard to any other rates or rating
formula subject to the commissioner's jurisdiction the commissioner, or his or her designee, may
hold a hearing upon not less than ten (10) days written notice prior to the hearing. The notice shall
be published by the commissioner in a newspaper or newspapers having aggregate general
circulation throughout the state at least ten (10) days prior to the hearing. The notice shall contain
a description of the rates proposed to be charged and a copy of the notice shall be sent to the
applicant and to the department of the attorney general. In addition, the applicant shall provide by
mail, at least ten (10) days prior to the hearing, notice of the proposed rate increase for health
insurance coverage offered in the individual market as defined in § 27-18.5-2 to all subscribers
subject to the proposed rate increase.
     (b) Public hearings: Within ten (10) days after receipt of a filing, the commissioner shall
determine, subject to the provisions of subsection (f) of this section, whether they intend to hold a
public meeting or a public hearing at which time notice of such determination shall be sent to the
insurance advocacy unit of the attorney general. Any such public hearing shall commence within
sixty (60) days after receipt of the application, upon not less than ten (10) days’ written notice prior
to the hearing, published by the commissioner in a newspaper or newspapers having aggregate
general circulation throughout the state, at least ten (10) days prior to the hearing. The notice shall
contain a description of the rates proposed to be charged and a copy of the notice shall be sent to
the applicant and to the department of the attorney general. In the event there is a public hearing,
the attorney general may engage the services of any expert or consultant necessary to assist in
reviewing the filing, including having the ability to seek additional relevant information from the
filer. All public hearings held pursuant to this section shall be held in accordance with the
provisions of chapter 35 of title 42.
     (b)(c) Filings with the Attorney General's Office attorney general’s office: The applicant
shall provide a copy of the filing on all rates proposed for health insurance coverage offered in the
individual market as defined in § 27-18.5-2 or for a Medicare supplement policy as defined in §
27-18.2-1 to the Insurance Advocacy Unit of the Attorney General's Office insurance advocacy
unit of the attorney general's office simultaneously with the filing at the office of the health
insurance commissioner.
     (c)(d) Procedures: At any hearing held under this section, the applicant shall be required to
establish that the rates proposed to be charged or the rating formula proposed to be used are
consistent with the proper conduct of its business and with the interest of the public.
     Rates proposed to be charged by any corporation organized under this chapter shall
maintain total reserves in a dollar amount sufficient to pay claims and operating expenses for not
less than one month. Those reserves shall be computed as of each December 31st, and a report
setting forth the computation shall be submitted to the commissioner together with the corporation's
Rhode Island annual statement to the insurance commissioner of the state of Rhode Island. Any
documents presented in support of a filing of proposed rates under this section shall be made
available for inspection by any party entitled to participate in a hearing or admitted as an intervenor
in a hearing on such conditions as the commissioner may prescribe provided pursuant to this section
at a time and at a place as the commissioner may deem reasonable. The commissioner, or his or her
designee, upon the hearing, may administer oaths, examine and cross examine witnesses, receive
oral and documentary evidence, and shall have the power to subpoena witnesses, compel their
attendance, and require the production of books, papers, records, correspondence, or other
documents which the director deems relevant. The commissioner shall issue a decision as soon as
is reasonably possible following completion of the hearing. The decision may approve, disapprove,
or modify the rates proposed to be charged by the applicant. Applicants requesting changes in rates
shall underwrite the reasonable expenses of the commissioner in connection with the hearing,
including any costs related to advertisements, stenographic reporting, and expert witnesses fees.
     (1) The applicant shall be required to establish that the rates proposed to be charged are
consistent with the proper conduct of its business and with the interest of the public.
     (2) Any documents presented in support of a filing of proposed rates under this section
shall be made available for public examination at a time and place that the commissioner may deem
reasonable.
     (3) If a public hearing is held pursuant to subsection (b) of this section, the commissioner,
or designee, upon the hearing, may administer oaths, examine and cross-examine witnesses, receive
oral and documentary evidence, and shall have the power to subpoena witnesses, compel their
attendance, and require the production of books, papers, records, correspondence, or other
documents which they deem relevant. Any designee who shall conduct a hearing pursuant to this
section shall report their findings, in writing, to the commissioner, within a reasonable time
following the conclusion of the hearing, with a recommendation for approval, disapproval, or
modification of the rates proposed to be charged by the applicant. The commissioner shall make
and issue a decision not later than ten (10) days following the issuance of the recommended decision
or, if the commissioner hears the application without the appointment of a designee, as soon as is
reasonably possible following the completion of the hearing on the proposed rate change. The
decision may approve, disapprove, or modify the rates proposed to be charged by the applicant.
     (d)(e) The term "designee," as used in this section, shall mean a person who is impartial; a
member in good standing of the Rhode Island bar; and a person who is sufficiently acquainted with
the rules of evidence as used in the superior court of the state so as to enable that person to conduct
a hearing as designee of the commissioner. The reasonable per diem cost of the designee, as
appointed by the commissioner, shall be paid by the applicant requesting changes in the rates.
     (f) Notwithstanding any provision of this section to the contrary, the commissioner shall
hold a public hearing in any instance where the applicant covers ten thousand (10,000) or more
enrolled individuals in the individual market, and the rates proposed in the filing for the annual rate
increase for products offered in the individual market produce an overall average-rate increase of
ten percent (10%) or more. The commissioner shall require that any filing for a rate increase for
products offered in the individual market shall include the calculation of the "overall, average-rate
increase" in order to determine whether a public hearing is required.
     (1) For the purposes of this section, the calculation of the "overall, average-rate increase"
shall be based on the overall, average-increase percent weighted by member premiums, excluding
the effects of age scale increases. To calculate the overall, average-rate increase, the applicant shall
multiply the proposed rate increase by product, times the total monthly renewing premium for each
product, and then divide the product by the sum of monthly renewing premiums for all products.
The commissioner shall require this calculation to be provided as part of the applicant's individual
market rate filing.
     (g) In the event that subsection (f) of this section, in combination with § 42-62-13(b), would
result in more than one public hearing in any given calendar year, the commissioner may defer one
or more public hearing(s) for an applicant resulting from subsection (f) of this section or § 42-62-
13(b) until the subsequent calendar year, with the provision that one of the deferred applicants shall
be required to have a public hearing in the subsequent year, whether or not the applicants' filing
satisfies the requirements of subsection (f) of this section or § 42-62-13(b) in that subsequent
calendar year.
     (h) The commissioner shall notify the attorney general of the filing(s) to be deferred and
the attorney general shall be given the opportunity to provide written comments and
recommendations to the commissioner regarding any such filing(s) deferred in accordance with
subsection (g) of this section.
     (i) Notwithstanding any other provision of law to the contrary, the filing of proposed rates
or a rating formula, and the holding and conducting of any public hearing in connection with these
proposed rates or rating formula, shall be held in accordance with the provisions of chapter 35 of
title 42.
     (j) Public comment. Whether or not a public hearing is held pursuant to subsection (f) of
this section, the commissioner shall solicit public comment regarding the rates proposed to be
charged. Public comment shall be solicited upon not less than ten (10) days’ written notice prior to
the date that either:
     (1) A public meeting at which verbal comments may be provided; or
     (2) That written comment must be received by the commissioner.
     The notice shall contain a description of the rates proposed to be charged, or the formula
proposed to be used, and a copy of the notice shall be sent to the applicant and to the insurance
advocacy unit of the department of the attorney general. The attorney general shall be permitted to
conduct discovery in relation to the actuarial analyses and actuarial assumptions of the filer
regarding any filing in the individual market as defined in § 27-18.5-2. Any documents presented
in support of the filing under this section shall be made available for public examination at a time
and place that the commissioner may deem reasonable.
     (k) The applicant shall bear reasonable expenses of the commissioner in connection with a
filing made pursuant to this section, including any costs related to advertisements, stenographic
reporting, and expert fees, regardless of whether a public hearing is held. The applicant shall bear
reasonable expenses of the attorney general in relation to any public hearing conducted pursuant to
this section. The applicant shall bear reasonable expenses of the attorney general in relation to any
filing in the individual market that is not subject to a public hearing.
     SECTION 3. Section 42-62-13 of the General Laws in Chapter 42-62 entitled
"Catastrophic Health Insurance Plan Act" is hereby amended to read as follows:
     42-62-13. Rates charged.
     (a) The rates proposed to be charged or a rating formula proposed to be used by any insurer
or health maintenance organization under this section to employers, the state or any political
subdivision of the state, or individuals, shall be filed by the insurer or health maintenance
organization at the office of the director of business regulation. This section does not apply to any
entity subject to § 27-19-1 et seq., and/or § 27-20-1 et seq. The rates proposed to be charged by
those entities shall be governed by the provisions of § 27-19-1 et seq., and/or § 27-20-1 et seq.
Within sixty (60) days after receipt of the application, the director, or the director's designee, may
hold a hearing upon not less than ten (10) days' written notice prior to the hearings. The notice shall
contain a description of the rates proposed to be charged, and a copy of the notice shall be sent to
the applicant and to the consumer protection unit of the department of attorney general. At any
hearing held under this section, the applicant shall be required to establish that the rates proposed
to be charged or the rating formula proposed to be used are consistent with the proper conduct of
its business and with the interest of the public. Any documents presented in support of a filing of
proposed rates under this section shall be made available for public examination at any time and
place that the director may deem reasonable. The director, or the director's designee, upon that
hearing may administer oaths, examine and cross-examine witnesses, receive oral and documentary
evidence, and shall have the power to subpoena witnesses, compel their attendance and require the
production of all books, papers, records, correspondence, or other documents which he or she
deems relevant. Any designee who shall conduct a hearing pursuant to this section shall report his
or her findings in writing to the director within eighty (80) days of the filing with a recommendation
for approval, disapproval, or modification of the rates proposed to be charged by the applicant. The
recommended decision shall become part of the record. The director shall make and issue a decision
not later than ten (10) days following the issuance of the recommended decision or, if the director
hears the application without the appointment of a designee, as soon as is reasonably possible
following the completion of the hearing on the proposed rate change. The decision may approve,
disapprove, or modify the rates proposed to be charged by the applicant. Insurers requesting
changes in rates shall underwrite the reasonable expenses of the department of business regulation
in connection with the hearing, including any costs related to advertisements, stenographic
reporting, and expert witnesses fees. Notwithstanding any other provisions of law, the filing of
proposed rates or a rating formula and the holding and conduct of any hearings in connection with
these proposed rates or rating formula shall be pursuant to this section.
     (b) Whenever the term "designee" is used in this section, it shall mean a person who is
impartial, a member in good standing of the Rhode Island bar and a person who is sufficiently
acquainted with the rules of evidence as used in the superior court of the state so as to enable that
person to conduct a hearing as designee of the director. The reasonable per diem cost of the designee
as appointed by the director shall be paid by the insurers requesting changes in the rates. The rates
proposed to be charged, or a rating formula proposed to be used, by any health insurer, dental
insurer, or health maintenance organization subject to title 27, to employers, the state or any
political subdivision of the state, or individuals, shall be filed at the office of the health insurance
commissioner (the "commissioner"). The rates proposed to be used by any health insurer, dental
insurer, or health maintenance organization in the individual market as defined in § 27-18.5-2 shall
be filed at the office of the health insurance commissioner and simultaneously with the attorney
general's insurance advocacy unit. The applicant shall be required to establish that the rates
proposed to be charged, or the rating formula proposed to be used, are consistent with the proper
conduct of its business and with the interest of the public. Within ten (10) days after receipt of the
filing, the commissioner shall determine, subject to subsection (b) of this section, whether they
intend to hold a public meeting or a public hearing at which time notice of such determination shall
be sent to the insurance advocacy unit of the attorney general. In the event there is a public hearing,
the attorney general may engage the services of any expert or consultant necessary to assist in
reviewing the filing, including having the ability to seek additional relevant information from the
filer. Any such public hearing shall commence within sixty (60) days after receipt of the filing. The
commissioner, or designee, may hold a hearing upon not less than ten (10) days’ prior written notice
to the public in a newspaper or newspapers having aggregate general circulation throughout the
state. The notice shall contain a description of the rates proposed to be charged, and a copy of the
notice shall be sent to the applicant and to the insurance advocacy unit of the department of attorney
general. Any documents presented in support of the filing under this section shall be made available
for public examination at any time and place that the commissioner may deem reasonable.
     (b) Notwithstanding any provision of this section to the contrary, the commissioner shall
hold a public hearing in any instance where the applicant covers ten thousand (10,000) or more
enrolled individuals in the individual market, and the rates proposed in the filing for the annual rate
increase for products offered in the individual market produce an overall average-rate increase of
ten percent (10%) or more. The commissioner shall require that any filing for a rate increase for
products offered in the individual market shall include the calculation of the "overall average-rate
increase" in order to determine whether a public hearing is required.
     (1) For the purposes of this section, the calculation of the "overall, average-rate increase"
shall be based on the overall average-increase percent weighted by member premiums, excluding
the effects of age scale increases. To calculate the overall average-rate increase, the applicant shall
multiply the proposed rate increase by product times the total monthly renewing premium for each
product, and then divide the product by the sum of monthly renewing premiums for all products.
The commissioner shall require this calculation to be provided as part of the applicant's individual
market rate filing.
     (c) In the event that subsection (b) of this section, in combination with §§ 27-19-6(f) and
27-20-6(f), would result in more than one public hearing in any given calendar year, the
commissioner may defer one or more public hearing(s) for applicant(s) resulting from subsection
(b) of this section or §§ 27-19-6(f) and 27-20-6(f) until the subsequent calendar year, with the
provision that one of the deferred applicants shall be required to have a public hearing in the
subsequent year whether or not it satisfies the requirements of subsection (b) of this section or §§
27-19-6(f) and 27-20-6(f) for that subsequent calendar year.
     (d) The commissioner shall notify the attorney general of the filing(s) to be deferred and
the attorney general shall be given the opportunity to provide written comments and
recommendations to the commissioner regarding any such filing(s) that is deferred in accordance
with subsection (c) of this section.
     (e) Public Hearings. If a public hearing is held pursuant to subsection (b) of this section,
the commissioner, or designee, upon that hearing may administer oaths, examine and cross-
examine witnesses, receive oral and documentary evidence, and shall have the power to subpoena
witnesses, compel their attendance, and require the production of all books, papers, records,
correspondence, or other documents which they deem relevant. The public hearing shall be held in
accordance with the provisions of chapter 35 of title 42. Any designee who shall conduct a hearing
pursuant to this section shall report their findings in writing to the commissioner, within a
reasonable time following the conclusion of the hearing, with a recommendation for approval,
disapproval, or modification of the rates proposed to be charged by the applicant. The
recommended decision shall become part of the record. The commissioner shall make and issue a
decision not later than ten (10) days following the issuance of the recommended decision or, if the
commissioner hears the application without the appointment of a designee, as soon as is reasonably
possible following the completion of the hearing on the proposed rate change. The decision may
approve, disapprove, or modify the filing.
     (f) Notwithstanding any other provisions of law to the contrary, the filing of proposed rates,
or a rating formula, and the holding and conducting of any public hearing in connection with these
proposed rates, or rating formula, of any health insurer, dental insurer, or health maintenance
organization subject to title 27 shall be held in accordance with the provisions of chapter 35 of title
42.
     (g) Whenever the term "designee" is used in this section, it shall mean a person who is
impartial, a member in good standing of the Rhode Island bar and a person who is sufficiently
acquainted with the rules of evidence as used in the superior court of the state in order to enable
that person to conduct a hearing as designee of the director. The reasonable per diem cost of the
designee as appointed by the director shall be paid by the insurers requesting changes in the rates.
     (h) Public comment. Whether or not a public hearing is held pursuant to subsection (b) of
this section, the commissioner shall solicit public comment regarding the rates proposed to be used.
Public comment shall be solicited upon not less than ten (10) days’ written notice prior to the date
that either:
     (1) A public meeting at which verbal comments may be provided; or
     (2) That written comment must be received by the commissioner.
     The notice shall contain a description of the rates proposed to be charged, and a copy of
the notice shall be sent to the applicant and to the insurance advocacy unit of the department of
attorney general. The attorney general shall be permitted to conduct discovery in relation to the
actuarial analysis and actuarial assumptions of the filer regarding any filing in the individual market
as defined in § 27-18.5-2. Any documents presented in support of the filing under this section shall
be made available for public examination at a time and place that the commissioner may deem
reasonable.
     (i) The applicant shall bear reasonable expenses of the commissioner in connection with a
filing made pursuant to this section, including any costs related to advertisements, stenographic
reporting, and expert fees, regardless of whether a public hearing is held. The applicant shall bear
reasonable expenses of the attorney general in relation to any public hearing conducted pursuant to
this section. The applicant shall bear reasonable expenses of the attorney general in relation to any
filing in the individual market that is not subject to a public hearing.
     SECTION 4. This act shall take effect on January 1, 2023.
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LC005844
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