Senate Bill 2086

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                                  SB 2086

    By Senator King





    8-1224A-00                                         See HB 1571

  1                      A bill to be entitled

  2         An act relating to small employer health

  3         alliances; amending s. 408.7056, F.S.;

  4         providing additional definitions; amending s.

  5         627.654, F.S.; providing for insuring small

  6         employers under policies issued to small

  7         employer health alliances; providing

  8         requirements for participation; providing

  9         limitations; providing for insuring spouses and

10         dependent children; amending s. 627.6571, F.S.;

11         including small employer health alliances

12         within policy nonrenewal or discontinuance,

13         coverage modification, and application

14         provisions; amending s. 627.6699, F.S.;

15         revising restrictions relating to premium rates

16         to authorize small employer carriers to modify

17         rates under certain circumstances and to

18         authorize carriers to issue group health

19         insurance policies to small employer health

20         alliances under certain circumstances; amending

21         ss. 240.2995, 240.2996, 240.512, 381.0406,

22         395.3035, and 627.4301, F.S.; conforming

23         cross-references; repealing ss. 408.70(3),

24         408.701, 408.702, 408.703, 408.704, 408.7041,

25         408.7042, 408.7045, 408.7055, and 408.706,

26         F.S., relating to community health purchasing

27         alliances; providing an effective date.

28

29  Be It Enacted by the Legislature of the State of Florida:

30

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    Florida Senate - 2000                                  SB 2086
    8-1224A-00                                         See HB 1571




  1         Section 1.  Subsection (1) of section 408.7056, Florida

  2  Statutes, is amended to read:

  3         408.7056  Statewide Provider and Subscriber Assistance

  4  Program.--

  5         (1)  As used in this section, the term:

  6         (a)  "Agency" means the Agency for Health Care

  7  Administration.

  8         (b)  "Consumer" means an individual user of health care

  9  services.

10         (c)  "Department" means the Department of Insurance.

11         (d)  "Grievance procedure" means an established set of

12  rules that specify a process for appeal of an organizational

13  decision.

14         (e)  "Health care provider" or "provider" means a

15  state-licensed or state-authorized facility, a facility

16  principally supported by a local government or by funds from a

17  charitable organization that holds a current exemption from

18  federal income tax under s. 501(c)(3) of the Internal Revenue

19  Code, a licensed practitioner, a county health department

20  established under part I of chapter 154, a prescribed

21  pediatric extended care center defined in s. 400.902, a

22  federally supported primary care program such as a migrant

23  health center or a community health center authorized under s.

24  329 or s. 330 of the United States Public Health Services Act

25  that delivers health care services to individuals, or a

26  community facility that receives funds from the state under

27  the Community Alcohol, Drug Abuse, and Mental Health Services

28  Act and provides mental health services to individuals.

29         (f)  "Health plan" means any hospital or medical policy

30  or contract or certificate, hospital or medical service plan

31  contract, or health maintenance organization contract as

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    Florida Senate - 2000                                  SB 2086
    8-1224A-00                                         See HB 1571




  1  defined in the insurance code or Health Maintenance

  2  Organization Act.  The term does not include accident-only,

  3  specific disease, individual hospital indemnity, credit,

  4  dental-only, vision-only, Medicare supplement, long-term care,

  5  or disability income insurance; coverage issued as a

  6  supplement to liability insurance; workers' compensation or

  7  similar insurance; or automobile medical-payment insurance.

  8         (g)(a)  "Managed care entity" means a health

  9  maintenance organization or a prepaid health clinic certified

10  under chapter 641, a prepaid health plan authorized under s.

11  409.912, or an exclusive provider organization certified under

12  s. 627.6472.

13         (h)(b)  "Panel" means a statewide provider and

14  subscriber assistance panel selected as provided in subsection

15  (11).

16         Section 2.  Section 627.654, Florida Statutes, is

17  amended to read:

18         627.654  Labor union, and association, and small

19  employer health alliance groups.--

20         (1)(a)  A group of individuals may be insured under a

21  policy issued to an association, including a labor union,

22  which association has a constitution and bylaws and not less

23  than 25 individual members and which has been organized and

24  has been maintained in good faith for a period of 1 year for

25  purposes other than that of obtaining insurance, or to the

26  trustees of a fund established by such an association, which

27  association or trustees shall be deemed the policyholder,

28  insuring at least 15 individual members of the association for

29  the benefit of persons other than the officers of the

30  association, the association or trustees.

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    Florida Senate - 2000                                  SB 2086
    8-1224A-00                                         See HB 1571




  1         (b)  A small employer, as defined in s. 627.6699 and

  2  including the employer's eligible employees and the spouses

  3  and dependents of such employees, may be insured under a

  4  policy issued to a small employer health alliance by a carrier

  5  as defined in s. 627.6699.  A small employer health alliance

  6  must be organized as a not-for-profit corporation under

  7  chapter 617.  A small employer health alliance shall establish

  8  conditions of participation in the alliance by a small

  9  employer, including, but not limited to:

10         1.  Assurance that the small employer is not formed for

11  the purpose of securing health benefit coverage.  Such

12  assurance shall include requirements for sole proprietors and

13  self-employed individuals and shall be based on a specified

14  requirement for the time that the sole proprietor or

15  self-employed individual has been in business, required

16  filings to verify employment status, and other requirements to

17  ensure that the individual is working.

18         2.  Assurance that the employees of a small employer

19  have not been added for the purpose of securing health benefit

20  coverage.

21         (2)  No such policy of insurance as defined in

22  subsection (1) may be issued to any such association or

23  alliance, unless all individual members of such association or

24  alliance, or all of any class or classes thereof, are declared

25  eligible and acceptable to the insurer at the time of issuance

26  of the policy.

27         (3)  Any such policy may insure the spouse or dependent

28  children of a member of the association or the spouse or

29  dependent children of an employee of a small employer in a

30  small employer health alliance with or without the group

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    Florida Senate - 2000                                  SB 2086
    8-1224A-00                                         See HB 1571




  1  association member or employee eligible for coverage in the

  2  alliance being insured.

  3         Section 3.  Paragraph (f) of subsection (2), paragraph

  4  (b) of subsection (4), and subsection (6) of section 627.6571,

  5  Florida Statutes, are amended to read:

  6         627.6571  Guaranteed renewability of coverage.--

  7         (2)  An insurer may nonrenew or discontinue a group

  8  health insurance policy based only on one or more of the

  9  following conditions:

10         (f)  In the case of health insurance coverage that is

11  made available only through one or more bona fide associations

12  as defined in subsection (5) or through one or more small

13  employer health alliances as described in s. 627.654(1)(b),

14  the membership of an employer in the association or in the

15  small employer health alliance, on the basis of which the

16  coverage is provided, ceases, but only if such coverage is

17  terminated under this paragraph uniformly without regard to

18  any health-status-related factor that relates to any covered

19  individuals.

20         (4)  At the time of coverage renewal, an insurer may

21  modify the health insurance coverage for a product offered:

22         (b)  In the small-group market if, for coverage that is

23  available in such market other than only through one or more

24  bona fide associations as defined in subsection (5) or through

25  one or more small employer health alliances as described in s.

26  627.654(1)(b), such modification is consistent with s.

27  627.6699 and effective on a uniform basis among group health

28  plans with that product.

29         (6)  In applying this section in the case of health

30  insurance coverage that is made available by an insurer in the

31  small-group market or large-group market to employers only

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    Florida Senate - 2000                                  SB 2086
    8-1224A-00                                         See HB 1571




  1  through one or more associations or through one or more small

  2  employer health alliances as described in s. 627.654(1)(b), a

  3  reference to "policyholder" is deemed, with respect to

  4  coverage provided to an employer member of the association, to

  5  include a reference to such employer.

  6         Section 4.  Paragraph (h) of subsection (5), paragraph

  7  (b) of subsection (6), and paragraph (a) of subsection (12) of

  8  section 627.6699, Florida Statutes, are amended to read:

  9         627.6699  Employee Health Care Access Act.--

10         (5)  AVAILABILITY OF COVERAGE.--

11         (h)  All health benefit plans issued under this section

12  must comply with the following conditions:

13         1.  For employers who have fewer than two employees, a

14  late enrollee may be excluded from coverage for no longer than

15  24 months if he or she was not covered by creditable coverage

16  continually to a date not more than 63 days before the

17  effective date of his or her new coverage.

18         2.  Any requirement used by a small employer carrier in

19  determining whether to provide coverage to a small employer

20  group, including requirements for minimum participation of

21  eligible employees and minimum employer contributions, must be

22  applied uniformly among all small employer groups having the

23  same number of eligible employees applying for coverage or

24  receiving coverage from the small employer carrier, except

25  that a small employer carrier that participates in,

26  administers, or issues health benefits pursuant to s. 381.0406

27  which do not include a preexisting condition exclusion may

28  require as a condition of offering such benefits that the

29  employer has had no health insurance coverage for its

30  employees for a period of at least 6 months.  A small employer

31  carrier may vary application of minimum participation

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    Florida Senate - 2000                                  SB 2086
    8-1224A-00                                         See HB 1571




  1  requirements and minimum employer contribution requirements

  2  only by the size of the small employer group.

  3         3.  In applying minimum participation requirements with

  4  respect to a small employer, a small employer carrier shall

  5  not consider as an eligible employee employees or dependents

  6  who have qualifying existing coverage in an employer-based

  7  group insurance plan or an ERISA qualified self-insurance plan

  8  in determining whether the applicable percentage of

  9  participation is met. However, a small employer carrier may

10  count eligible employees and dependents who have coverage

11  under another health plan that is sponsored by that employer

12  except if such plan is offered pursuant to s. 408.706.

13         4.  A small employer carrier shall not increase any

14  requirement for minimum employee participation or any

15  requirement for minimum employer contribution applicable to a

16  small employer at any time after the small employer has been

17  accepted for coverage, unless the employer size has changed,

18  in which case the small employer carrier may apply the

19  requirements that are applicable to the new group size.

20         5.  If a small employer carrier offers coverage to a

21  small employer, it must offer coverage to all the small

22  employer's eligible employees and their dependents.  A small

23  employer carrier may not offer coverage limited to certain

24  persons in a group or to part of a group, except with respect

25  to late enrollees.

26         6.  A small employer carrier may not modify any health

27  benefit plan issued to a small employer with respect to a

28  small employer or any eligible employee or dependent through

29  riders, endorsements, or otherwise to restrict or exclude

30  coverage for certain diseases or medical conditions otherwise

31  covered by the health benefit plan.

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    Florida Senate - 2000                                  SB 2086
    8-1224A-00                                         See HB 1571




  1         7.  An initial enrollment period of at least 30 days

  2  must be provided.  An annual 30-day open enrollment period

  3  must be offered to each small employer's eligible employees

  4  and their dependents. A small employer carrier must provide

  5  special enrollment periods as required by s. 627.65615.

  6         (6)  RESTRICTIONS RELATING TO PREMIUM RATES.--

  7         (b)  For all small employer health benefit plans that

  8  are subject to this section and are issued by small employer

  9  carriers on or after January 1, 1994, premium rates for health

10  benefit plans subject to this section are subject to the

11  following:

12         1.  Small employer carriers must use a modified

13  community rating methodology in which the premium for each

14  small employer must be determined solely on the basis of the

15  eligible employee's and eligible dependent's gender, age,

16  family composition, tobacco use, or geographic area as

17  determined under paragraph (5)(j).

18         2.  Rating factors related to age, gender, family

19  composition, tobacco use, or geographic location may be

20  developed by each carrier to reflect the carrier's experience.

21  The factors used by carriers are subject to department review

22  and approval.

23         3.  Small employer carriers may not modify the rate for

24  a small employer for 12 months from the initial issue date or

25  renewal date, unless the composition of the group changes or

26  benefits are changed. However, a small employer carrier may

27  modify the rate one time prior to 12 months after the initial

28  issue date for a small employer who enrolls under a previously

29  issued group policy that has a common anniversary date for all

30  employers covered under the policy if:

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    Florida Senate - 2000                                  SB 2086
    8-1224A-00                                         See HB 1571




  1         a.  The carrier discloses to the employer in a clear

  2  and conspicuous manner the date of the first renewal and the

  3  fact that the premium may increase on or after that date.

  4         b.  The insurer demonstrates to the department that

  5  efficiencies in administration are achieved and reflected in

  6  the rates charged to small employers covered under the policy.

  7         4.  A carrier may issue a group health insurance policy

  8  to a small employer health alliance or other group association

  9  with rates that reflect a premium credit for expense savings

10  attributable to administrative activities being performed by

11  the alliance or group association if such expense savings are

12  specifically documented in the insurer's rate filing and are

13  approved by the department.  Any such credit may not be based

14  on different morbidity assumptions or on any other factor

15  related to the health status or claims experience of any

16  person covered under the policy. Carriers participating in the

17  alliance program, in accordance with ss. 408.70-408.706, may

18  apply a different community rate to business written in that

19  program.

20         (12)  STANDARD, BASIC, AND LIMITED HEALTH BENEFIT

21  PLANS.--

22         (a)1.  By May 15, 1993, the commissioner shall appoint

23  a health benefit plan committee composed of four

24  representatives of carriers which shall include at least two

25  representatives of HMOs, at least one of which is a staff

26  model HMO, two representatives of agents, four representatives

27  of small employers, and one employee of a small employer.  The

28  carrier members shall be selected from a list of individuals

29  recommended by the board.  The commissioner may require the

30  board to submit additional recommendations of individuals for

31  appointment.  As alliances are established under s. 408.702,

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    Florida Senate - 2000                                  SB 2086
    8-1224A-00                                         See HB 1571




  1  each alliance shall also appoint an additional member to the

  2  committee.

  3         2.  The committee shall develop changes to the form and

  4  level of coverages for the standard health benefit plan and

  5  the basic health benefit plan, and shall submit the forms, and

  6  levels of coverages to the department by September 30, 1993.

  7  The department must approve such forms and levels of coverages

  8  by November 30, 1993, and may return the submissions to the

  9  committee for modification on a schedule that allows the

10  department to grant final approval by November 30, 1993.

11         3.  The plans shall comply with all of the requirements

12  of this subsection.

13         4.  The plans must be filed with and approved by the

14  department prior to issuance or delivery by any small employer

15  carrier.

16         5.  After approval of the revised health benefit plans,

17  if the department determines that modifications to a plan

18  might be appropriate, the commissioner shall appoint a new

19  health benefit plan committee in the manner provided in

20  subparagraph 1. to submit recommended modifications to the

21  department for approval.

22         Section 5.  Subsection (1) of section 240.2995, Florida

23  Statutes, is amended to read:

24         240.2995  University health services support

25  organizations.--

26         (1)  Each state university is authorized to establish

27  university health services support organizations which shall

28  have the ability to enter into, for the benefit of the

29  university academic health sciences center, and arrangements

30  with other entities as providers for accountable health

31  partnerships, as defined in s. 408.701, and providers in other

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    Florida Senate - 2000                                  SB 2086
    8-1224A-00                                         See HB 1571




  1  integrated health care systems or similar entities.  To the

  2  extent required by law or rule, university health services

  3  support organizations shall become licensed as insurance

  4  companies, pursuant to chapter 624, or be certified as health

  5  maintenance organizations, pursuant to chapter 641.

  6  University health services support organizations shall have

  7  sole responsibility for the acts, debts, liabilities, and

  8  obligations of the organization.  In no case shall the state

  9  or university have any responsibility for such acts, debts,

10  liabilities, and obligations incurred or assumed by university

11  health services support organizations.

12         Section 6.  Paragraph (a) of subsection (2) of section

13  240.2996, Florida Statutes, is amended to read:

14         240.2996  University health services support

15  organization; confidentiality of information.--

16         (2)  The following university health services support

17  organization's records and information are confidential and

18  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

19  I of the State Constitution:

20         (a)  Contracts for managed care arrangements, as

21  managed care is defined in s. 408.701, under which the

22  university health services support organization provides

23  health care services, including preferred provider

24  organization contracts, health maintenance organization

25  contracts, alliance network arrangements, and exclusive

26  provider organization contracts, and any documents directly

27  relating to the negotiation, performance, and implementation

28  of any such contracts for managed care arrangements or

29  alliance network arrangements.

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    Florida Senate - 2000                                  SB 2086
    8-1224A-00                                         See HB 1571




  1  The exemptions in this subsection are subject to the Open

  2  Government Sunset Review Act of 1995 in accordance with s.

  3  119.15 and shall stand repealed on October 2, 2001, unless

  4  reviewed and saved from repeal through reenactment by the

  5  Legislature.

  6         Section 7.  Paragraph (b) of subsection (8) of section

  7  240.512, Florida Statutes, is amended to read:

  8         240.512  H. Lee Moffitt Cancer Center and Research

  9  Institute.--There is established the H. Lee Moffitt Cancer

10  Center and Research Institute at the University of South

11  Florida.

12         (8)

13         (b)  Proprietary confidential business information is

14  confidential and exempt from the provisions of s. 119.07(1)

15  and s. 24(a), Art. I of the State Constitution.  However, the

16  Auditor General and Board of Regents, pursuant to their

17  oversight and auditing functions, must be given access to all

18  proprietary confidential business information upon request and

19  without subpoena and must maintain the confidentiality of

20  information so received. As used in this paragraph, the term

21  "proprietary confidential business information" means

22  information, regardless of its form or characteristics, which

23  is owned or controlled by the not-for-profit corporation or

24  its subsidiaries; is intended to be and is treated by the

25  not-for-profit corporation or its subsidiaries as private and

26  the disclosure of which would harm the business operations of

27  the not-for-profit corporation or its subsidiaries; has not

28  been intentionally disclosed by the corporation or its

29  subsidiaries unless pursuant to law, an order of a court or

30  administrative body, a legislative proceeding pursuant to s.

31  5, Art. III of the State Constitution, or a private agreement

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    Florida Senate - 2000                                  SB 2086
    8-1224A-00                                         See HB 1571




  1  that provides that the information may be released to the

  2  public; and which is information concerning:

  3         1.  Internal auditing controls and reports of internal

  4  auditors;

  5         2.  Matters reasonably encompassed in privileged

  6  attorney-client communications;

  7         3.  Contracts for managed-care arrangements, as managed

  8  care is defined in s. 408.701, including preferred provider

  9  organization contracts, health maintenance organization

10  contracts, and exclusive provider organization contracts, and

11  any documents directly relating to the negotiation,

12  performance, and implementation of any such contracts for

13  managed-care arrangements;

14         4.  Bids or other contractual data, banking records,

15  and credit agreements the disclosure of which would impair the

16  efforts of the not-for-profit corporation or its subsidiaries

17  to contract for goods or services on favorable terms;

18         5.  Information relating to private contractual data,

19  the disclosure of which would impair the competitive interest

20  of the provider of the information;

21         6.  Corporate officer and employee personnel

22  information;

23         7.  Information relating to the proceedings and records

24  of credentialing panels and committees and of the governing

25  board of the not-for-profit corporation or its subsidiaries

26  relating to credentialing;

27         8.  Minutes of meetings of the governing board of the

28  not-for-profit corporation and its subsidiaries, except

29  minutes of meetings open to the public pursuant to subsection

30  (9);

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    Florida Senate - 2000                                  SB 2086
    8-1224A-00                                         See HB 1571




  1         9.  Information that reveals plans for marketing

  2  services that the corporation or its subsidiaries reasonably

  3  expect to be provided by competitors;

  4         10.  Trade secrets as defined in s. 688.002, including

  5  reimbursement methodologies or rates; or

  6         11.  The identity of donors or prospective donors of

  7  property who wish to remain anonymous or any information

  8  identifying such donors or prospective donors.  The anonymity

  9  of these donors or prospective donors must be maintained in

10  the auditor's report.

11         Section 8.  Subsection (14) of section 381.0406,

12  Florida Statutes, is amended to read:

13         381.0406  Rural health networks.--

14         (14)  NETWORK FINANCING.--Networks may use all sources

15  of public and private funds to support network activities.

16  Nothing in this section prohibits networks from becoming

17  managed care providers, or accountable health partnerships,

18  provided they meet the requirements for an accountable health

19  partnership as specified in s. 408.706.

20         Section 9.  Paragraph (a) of subsection (2) of section

21  395.3035, Florida Statutes, is amended to read:

22         395.3035  Confidentiality of hospital records and

23  meetings.--

24         (2)  The following records and information of any

25  hospital that is subject to chapter 119 and s. 24(a), Art. I

26  of the State Constitution are confidential and exempt from the

27  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

28  Constitution:

29         (a)  Contracts for managed care arrangements, as

30  managed care is defined in s. 408.701, under which the public

31  hospital provides health care services, including preferred

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    Florida Senate - 2000                                  SB 2086
    8-1224A-00                                         See HB 1571




  1  provider organization contracts, health maintenance

  2  organization contracts, exclusive provider organization

  3  contracts, and alliance network arrangements, and any

  4  documents directly relating to the negotiation, performance,

  5  and implementation of any such contracts for managed care or

  6  alliance network arrangements.

  7         Section 10.  Paragraph (b) of subsection (1) of section

  8  627.4301, Florida Statutes, is amended to read:

  9         627.4301  Genetic information for insurance purposes.--

10         (1)  DEFINITIONS.--As used in this section, the term:

11         (b)  "Health insurer" means an authorized insurer

12  offering health insurance as defined in s. 624.603, a

13  self-insured plan as defined in s. 624.031, a

14  multiple-employer welfare arrangement as defined in s.

15  624.437, a prepaid limited health service organization as

16  defined in s. 636.003, a health maintenance organization as

17  defined in s. 641.19, a prepaid health clinic as defined in s.

18  641.402, a fraternal benefit society as defined in s. 632.601,

19  an accountable health partnership as defined in s. 408.701, or

20  any health care arrangement whereby risk is assumed.

21         Section 11.  Subsection (3) of section 408.70, and

22  sections 408.701, 408.702, 408.703, 408.704, 408.7041,

23  408.7042, 408.7045, 408.7055, and 408.706, Florida Statutes,

24  are repealed.

25         Section 12.  This act shall take effect October 1,

26  2000.

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    Florida Senate - 2000                                  SB 2086
    8-1224A-00                                         See HB 1571




  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Provides for insuring small employers under policies
  4    issued to small employer health alliances. Includes small
      employer health alliances within policy nonrenewal or
  5    discontinuance, coverage modification, and application
      provisions. Revises restrictions relating to premium
  6    rates to authorize small employer carriers to modify
      rates and to authorize carriers to issue group health
  7    insurance policies to small employer health alliances.
      Repeals provisions relating to community health
  8    purchasing alliances. See bill for details.

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