Premium rates, rating schedules, and supporting documentation for a Medicare supplement policy or certificate to be used in this state shall be filed with the Texas Department of Insurance and approved by the commissioner. Any request for an increase to rates for Medicare supplement policies or certificates issued before or after March 1, 1992 is subject to review by and hearing before the commissioner if one or more of the following conditions, as determined by an actuary for the department, is present.

1. (1) The increase, exclusive of any increase occasioned by changes in the laws regulating Medicare supplement coverages, is not necessary to maintain an anticipated lifetime loss ratio at least equal to the minimum that is required by statute and set out in §3.3307 of this title (relating to Loss Ratio Standards).
2. (2) An increase to premium has been effected on the same block or blocks of business within the preceding 12 months.
3. (3) An increase to premium would result in unfair discrimination, as provided in the Insurance Code, Article 21.21, §4(7)(b), between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for a policy or contract.
4. (4) An increase to premium would result in the benefits offered under the policy form to be unreasonable in relation to the premiums charged.
5. (5) An increase to premium would have the practical effect of altering the rating structure of the policy form to which it is applied, or would create a new set of rating criteria under such policy form.
6. (6) A contemplated increase to premium has the practical effect of resulting in a series of planned future increases to premium rather than a one-time increase.

Source Note:The provisions of this §3.3323 adopted to be effective April 15, 1992, 17 TexReg 2238; amended to be effective January 1, 1997, 21 TexReg 10753.