Senate Bill sb1208c1

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    Florida Senate - 2001                           CS for SB 1208

    By the Committee on Banking and Insurance; and Senator Latvala





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  1                      A bill to be entitled

  2         An act relating to health insurance; amending

  3         s. 627.6482, F.S.; amending definitions used in

  4         the Florida Comprehensive Health Association

  5         Act; amending s. 627.6486, F.S.; revising the

  6         criteria for eligibility for coverage from the

  7         association; providing for cessation of

  8         coverage; requiring all eligible persons to

  9         agree to be placed in a case-management system;

10         amending s. 627.6487, F.S.; redefining the term

11         "eligible individual" for purposes of

12         guaranteed availability of individual health

13         insurance coverage; providing that a person is

14         not eligible if the person is eligible for

15         coverage under the Florida Comprehensive Health

16         Association; amending s. 627.6488, F.S.;

17         revising the membership of the board of

18         directors of the association; revising the

19         reimbursement of board members and employees;

20         requiring that the plan of the association be

21         submitted to the department for approval on an

22         annual basis; revising the duties of the

23         association related to administrative and

24         accounting procedures; requiring an annual

25         financial audit; specifying grievance

26         procedures; establishing a premium schedule

27         based upon an individual's family income;

28         deleting requirements for categorizing insureds

29         as low-risk, medium-risk, and high-risk;

30         authorizing the association to place an

31         individual with a case manager who determines

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    Florida Senate - 2001                           CS for SB 1208
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  1         the health care system or provider; requiring

  2         an annual review of the actuarial soundness of

  3         the association and the feasibility of

  4         enrolling new members; requiring a separate

  5         account for policyholders insured prior to a

  6         specified date; requiring appointment of an

  7         executive director with specified duties;

  8         authorizing the board to restrict the number of

  9         participants based on inadequate funding;

10         limiting enrollment; specifying other powers of

11         the board; amending s. 627.649, F.S.; revising

12         the requirements for the association to use in

13         selecting an administrator; amending s.

14         627.6492, F.S.; requiring insurers to be

15         members of the association and to be subject to

16         assessments for operating expenses; limiting

17         assessments to specified maximum amounts;

18         specifying when assessments are calculated and

19         paid; allowing certain assessments to be

20         charged by the health insurer directly to each

21         insured, member, or subscriber and to not be

22         subject to department review or approval;

23         amending s. 627.6498, F.S.; revising the

24         coverage, benefits, covered expenses, premiums,

25         and deductibles of the association; requiring

26         preexisting condition limitations; providing

27         that the act does not provide an entitlement to

28         health care services or health insurance and

29         does not create a cause of action; limiting

30         enrollment in the association; repealing s.

31         627.6484, F.S., relating to a prohibition on

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    Florida Senate - 2001                           CS for SB 1208
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  1         the Florida Comprehensive Health Association

  2         from accepting applications for coverage after

  3         a certain date; making a legislative finding

  4         that the provisions of this act fulfill an

  5         important state interest; providing that the

  6         amendments to s. 627.6487, F.S., do not take

  7         effect unless approved by the U.S. Health Care

  8         Financing Administration; providing effective

  9         dates.

10

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

12

13         Section 1.  Subsection (12) of section 627.6482,

14  Florida Statutes, is amended, and subsections (15) and (16)

15  are added to that section, to read:

16         627.6482  Definitions.--As used in ss.

17  627.648-627.6498, the term:

18         (12)  "Premium" means the entire cost of an insurance

19  plan, including the administrative fee, the risk assumption

20  charge, and, in the instance of a minimum premium plan or

21  stop-loss coverage, the incurred claims whether or not such

22  claims are paid directly by the insurer.  "Premium" shall not

23  include a health maintenance organization's annual earned

24  premium revenue for Medicare and Medicaid contracts for any

25  assessment due for calendar years 1990 and 1991.  For

26  assessments due for calendar year 1992 and subsequent years, A

27  health maintenance organization's annual earned premium

28  revenue for Medicare and Medicaid contracts is subject to

29  assessments unless the department determines that the health

30  maintenance organization has made a reasonable effort to amend

31  its Medicare or Medicaid government contract for 1992 and

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    Florida Senate - 2001                           CS for SB 1208
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  1  subsequent years to provide reimbursement for any assessment

  2  on Medicare or Medicaid premiums paid by the health

  3  maintenance organization and the contract does not provide for

  4  such reimbursement.

  5         (15)  "Federal poverty level" means the level

  6  established by the economic service program office within the

  7  Department of Children and Family Services and in effect on

  8  the date of the policy and its annual renewal.

  9         (16)  "Family income" means the adjusted gross income,

10  as defined in s. 62 of the United States Internal Revenue

11  Code, of all members of a household.

12         Section 2.  Section 627.6486, Florida Statutes, is

13  amended to read:

14         627.6486  Eligibility.--

15         (1)  Except as provided in subsection (2), any person

16  who is a resident of this state and has been a resident of

17  this state for the previous 6 months is shall be eligible for

18  coverage under the plan, including:

19         (a)  The insured's spouse.

20         (b)  Any dependent unmarried child of the insured, from

21  the moment of birth.  Subject to the provisions of ss. s.

22  627.6041 and 627.6562, such coverage shall terminate at the

23  end of the premium period in which the child marries, ceases

24  to be a dependent of the insured, or attains the age of 19,

25  whichever occurs first. However, if the child is a full-time

26  student at an accredited institution of higher learning, the

27  coverage may continue while the child remains unmarried and a

28  full-time student, but not beyond the premium period in which

29  the child reaches age 23.

30         (c)  The former spouse of the insured whose coverage

31  would otherwise terminate because of annulment or dissolution

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    Florida Senate - 2001                           CS for SB 1208
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  1  of marriage, if the former spouse is dependent upon the

  2  insured for financial support. The former spouse shall have

  3  continued coverage and shall not be subject to waiting periods

  4  because of the change in policyholder status.

  5         (2)(a)  The board or administrator shall require

  6  verification of residency for the preceding 6 months and shall

  7  require any additional information or documentation, or

  8  statements under oath, when necessary to determine residency

  9  upon initial application and for the entire term of the

10  policy. A person may demonstrate his or her residency by

11  maintaining his or her residence in this state for the

12  preceding 6 months, purchasing a home that has been occupied

13  by him or her as his or her primary residence for the previous

14  6 months, or having established a domicile in this state

15  pursuant to s. 222.17 for the preceding 6 months.

16         (b)  No person who is currently eligible for health

17  care benefits under Florida's Medicaid program is eligible for

18  coverage under the plan unless:

19         1.  He or she has an illness or disease which requires

20  supplies or medication which are covered by the association

21  but are not included in the benefits provided under Florida's

22  Medicaid program in any form or manner; and

23         2.  He or she is not receiving health care benefits or

24  coverage under Florida's Medicaid program.

25         (c)  No person who is covered under the plan and

26  terminates the coverage is again eligible for coverage.

27         (d)  No person on whose behalf the plan has paid out

28  the lifetime maximum benefit currently being offered by the

29  association of $500,000 in covered benefits is eligible for

30  coverage under the plan.

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    Florida Senate - 2001                           CS for SB 1208
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  1         (e)  The coverage of any person who ceases to meet the

  2  eligibility requirements of this section may be terminated

  3  immediately.  If such person again becomes eligible for

  4  subsequent coverage under the plan, any previous claims

  5  payments shall be applied towards the $500,000 lifetime

  6  maximum benefit and any limitation relating to preexisting

  7  conditions in effect at the time such person again becomes

  8  eligible shall apply to such person. However, no such person

  9  may again become eligible for coverage after June 30, 1991.

10         (f)  No person is eligible for coverage under the plan

11  unless such person has been rejected by two insurers for

12  coverage substantially similar to the plan coverage and no

13  insurer has been found through the market assistance plan

14  pursuant to s. 627.6484 that is willing to accept the

15  application.  As used in this paragraph, "rejection" includes

16  an offer of coverage with a material underwriting restriction

17  or an offer of coverage at a rate greater than the association

18  plan rate.

19         (g)  No person is eligible for coverage under the plan

20  if such person has, or is eligible for, on the date of issue

21  of coverage under the plan, substantially similar coverage

22  under another contract or policy, unless such coverage is

23  provided pursuant to the Consolidated Omnibus Budget

24  Reconciliation Act of 1985, Pub. L. No. 99-272, 100 Stat. 82

25  (1986) (COBRA), as amended, or such coverage is provided

26  pursuant to s. 627.6692 and such coverage is scheduled to end

27  at a time certain and the person meets all other requirements

28  of eligibility. Coverage provided by the association shall be

29  secondary to any coverage provided by an insurer pursuant to

30  COBRA or pursuant to s. 627.6692.

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    Florida Senate - 2001                           CS for SB 1208
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  1         (h)  A person is ineligible for coverage under the plan

  2  if such person is currently eligible for health care benefits

  3  under the Medicare programs, except for a person who is

  4  insured by the Florida Comprehensive Health Association and

  5  enrolled under Medicare on July 1, 2001. All eligible persons

  6  who are classified as high-risk individuals pursuant to s.

  7  627.6498(4)(a)4. shall, upon application or renewal, agree to

  8  be placed in a case management system when it is determined by

  9  the board and the plan case manager that such system will be

10  cost-effective and provide quality care to the individual.

11         (i)  A person is ineligible for coverage under the plan

12  if such person's premiums are paid for or reimbursed under any

13  government-sponsored program or by any government agency or

14  health care provider.

15         (j)  An eligible individual, as defined in s. 627.6487,

16  and his or her dependents, as described in subsection (1), are

17  automatically eligible for coverage in the association unless

18  the association has ceased accepting new enrollees under s.

19  627.6488. If the association has ceased accepting new

20  enrollees, the eligible individual is subject to the coverage

21  rights set forth in s. 627.6487.

22         (3)  A person's coverage ceases:

23         (a)  On the date a person is no longer a resident of

24  this state;

25         (b)  On the date a person requests coverage to end;

26         (c)  Upon the date of death of the covered person;

27         (d)  On the date state law requires cancellation of the

28  policy; or

29         (e)  Sixty days after the person receives notice from

30  the association making any inquiry concerning the person's

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    Florida Senate - 2001                           CS for SB 1208
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  1  eligibility or place or residence to which the person does not

  2  reply.

  3         (4)  All eligible persons must, upon application or

  4  renewal, agree to be placed in a case-management system when

  5  the association and case manager find that such system will be

  6  cost-effective and provide quality care to the individual.

  7         (5)  Except for persons who are insured by the

  8  association on December 31, 2001, and who renew such coverage,

  9  persons may apply for coverage beginning January 1, 2002, and

10  coverage for such persons shall begin on or after April 1,

11  2002, as determined by the board pursuant to s.

12  627.6488(5)(e).

13         Section 3.  Subsection (3) of section 627.6487, Florida

14  Statutes, is amended to read:

15         627.6487  Guaranteed availability of individual health

16  insurance coverage to eligible individuals.--

17         (3)  For the purposes of this section, the term

18  "eligible individual" means an individual:

19         (a)1.  For whom, as of the date on which the individual

20  seeks coverage under this section, the aggregate of the

21  periods of creditable coverage, as defined in s. 627.6561(5)

22  and (6), is 18 or more months; and

23         2.a.  Whose most recent prior creditable coverage was

24  under a group health plan, governmental plan, or church plan,

25  or health insurance coverage offered in connection with any

26  such plan; or

27         b.  Whose most recent prior creditable coverage was

28  under an individual plan issued in this state by a health

29  insurer or health maintenance organization, which coverage is

30  terminated due to the insurer or health maintenance

31  organization becoming insolvent or discontinuing the offering

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    Florida Senate - 2001                           CS for SB 1208
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  1  of all individual coverage in the State of Florida, or due to

  2  the insured no longer living in the service area in the State

  3  of Florida of the insurer or health maintenance organization

  4  that provides coverage through a network plan in the State of

  5  Florida;

  6         (b)  Who is not eligible for coverage under:

  7         1.  A group health plan, as defined in s. 2791 of the

  8  Public Health Service Act;

  9         2.  A conversion policy or contract issued by an

10  authorized insurer or health maintenance organization under s.

11  627.6675 or s. 641.3921, respectively, offered to an

12  individual who is no longer eligible for coverage under either

13  an insured or self-insured employer plan;

14         3.  Part A or part B of Title XVIII of the Social

15  Security Act; or

16         4.  A state plan under Title XIX of such act, or any

17  successor program, and does not have other health insurance

18  coverage; or

19         5.  The Florida Comprehensive Health Association, if

20  the association is accepting and issuing coverage to new

21  enrollees, provided that the 63-day period specified in s.

22  627.6561(6) shall be tolled from the time the association

23  receives an application from an individual until the

24  association notifies the individual that it is not accepting

25  and issuing coverage to that individual;

26         (c)  With respect to whom the most recent coverage

27  within the coverage period described in paragraph (a) was not

28  terminated based on a factor described in s. 627.6571(2)(a) or

29  (b), relating to nonpayment of premiums or fraud, unless such

30  nonpayment of premiums or fraud was due to acts of an employer

31  or person other than the individual;

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  1         (d)  Who, having been offered the option of

  2  continuation coverage under a COBRA continuation provision or

  3  under s. 627.6692, elected such coverage; and

  4         (e)  Who, if the individual elected such continuation

  5  provision, has exhausted such continuation coverage under such

  6  provision or program.

  7         Section 4.  Section 627.6488, Florida Statutes, is

  8  amended to read:

  9         627.6488  Florida Comprehensive Health Association.--

10         (1)  There is created a nonprofit legal entity to be

11  known as the "Florida Comprehensive Health Association."  All

12  insurers, as a condition of doing business, shall be members

13  of the association.

14         (2)(a)  The association shall operate subject to the

15  supervision and approval of a five-member three-member board

16  of directors consisting of the Insurance Commissioner, or his

17  or her designee, who shall serve as chairperson of the board,

18  and four additional members who must be state residents. At

19  least one member must be a representative of an authorized

20  health insurer or health maintenance organization authorized

21  to transact business in this state. The board of directors

22  shall be appointed by the Insurance Commissioner as follows:

23         1.  The chair of the board shall be the Insurance

24  Commissioner or his or her designee.

25         2.  One representative of policyholders who is not

26  associated with the medical profession, a hospital, or an

27  insurer.

28         3.  One representative of insurers.

29

30  The administrator or his or her affiliate shall not be a

31  member of the board. Any board member appointed by the

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  1  commissioner may be removed and replaced by him or her at any

  2  time without cause.

  3         (b)  All board members, including the chair, shall be

  4  appointed to serve for staggered 3-year terms beginning on a

  5  date as established in the plan of operation.

  6         (c)  The board of directors may shall have the power to

  7  employ or retain such persons as are necessary to perform the

  8  administrative and financial transactions and responsibilities

  9  of the association and to perform other necessary and proper

10  functions not prohibited by law. Employees of the association

11  shall be reimbursed as provided in s. 112.061 from moneys of

12  the association for expenses incurred in carrying out their

13  responsibilities under this act.

14         (d)  Board members may be reimbursed as provided in s.

15  112.061 from moneys of the association for actual and

16  necessary expenses incurred by them as members in carrying out

17  their responsibilities under the Florida Comprehensive Health

18  Association Act, but may not otherwise be compensated for

19  their services.

20         (e)  There shall be no liability on the part of, and no

21  cause of action of any nature shall arise against, any member

22  insurer, or its agents or employees, agents or employees of

23  the association, members of the board of directors of the

24  association, or the departmental representatives for any act

25  or omission taken by them in the performance of their powers

26  and duties under this act, unless such act or omission by such

27  person is in intentional disregard of the rights of the

28  claimant.

29         (f)  Meetings of the board are subject to s. 286.011.

30         (3)  The association shall adopt a plan pursuant to

31  this act and submit its articles, bylaws, and operating rules

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  1  to the department for approval.  If the association fails to

  2  adopt such plan and suitable articles, bylaws, and operating

  3  rules within 180 days after the appointment of the board, the

  4  department shall adopt rules to effectuate the provisions of

  5  this act; and such rules shall remain in effect until

  6  superseded by a plan and articles, bylaws, and operating rules

  7  submitted by the association and approved by the department.

  8  Such plan shall be reviewed, revised as necessary, and

  9  annually submitted to the department for approval.

10         (4)  The association shall:

11         (a)  Establish administrative and accounting procedures

12  and internal controls for the operation of the association and

13  provide for an annual financial audit of the association by an

14  independent certified public accountant licensed pursuant to

15  chapter 473.

16         (b)  Establish procedures under which applicants and

17  participants in the plan may have grievances reviewed by an

18  impartial body and reported to the board. Individuals

19  receiving care through the association under contract from a

20  health maintenance organization must follow the grievance

21  procedures established in ss. 408.7056 and 641.31(5).

22         (c)  Select an administrator in accordance with s.

23  627.649.

24         (d)  Collect assessments from all insurers to provide

25  for operating losses incurred or estimated to be incurred

26  during the period for which the assessment is made.  The level

27  of payments shall be established by the board, as formulated

28  in s. 627.6492(1). Annual assessment of the insurers for each

29  calendar year shall occur as soon thereafter as the operating

30  results of the plan for the calendar year and the earned

31  premiums of insurers being assessed for that year are known.

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  1  Annual assessments are due and payable within 30 days of

  2  receipt of the assessment notice by the insurer.

  3         (e)  Require that all policy forms issued by the

  4  association conform to standard forms developed by the

  5  association. The forms shall be approved by the department.

  6         (f)  Develop and implement a program to publicize the

  7  existence of the plan, the eligibility requirements for the

  8  plan, and the procedures for enrollment in the plan and to

  9  maintain public awareness of the plan.

10         (g)  Design and employ cost containment measures and

11  requirements which may include preadmission certification,

12  home health care, hospice care, negotiated purchase of medical

13  and pharmaceutical supplies, and individual case management.

14         (h)  Contract with preferred provider organizations and

15  health maintenance organizations giving due consideration to

16  the preferred provider organizations and health maintenance

17  organizations which have contracted with the state group

18  health insurance program pursuant to s. 110.123.  If

19  cost-effective and available in the county where the

20  policyholder resides, the board, upon application or renewal

21  of a policy, shall place a high-risk individual, as

22  established under s. 627.6498(4)(a)4., with the plan case

23  manager who shall determine the most cost-effective quality

24  care system or health care provider and shall place the

25  individual in such system or with such health care provider.

26  If cost-effective and available in the county where the

27  policyholder resides, the board, with the consent of the

28  policyholder, may place a low-risk or medium-risk individual,

29  as established under s. 627.6498(4)(a)4., with the plan case

30  manager who may determine the most cost-effective quality care

31  system or health care provider and shall place the individual

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  1  in such system or with such health care provider. Prior to and

  2  during the implementation of case management, the plan case

  3  manager shall obtain input from the policyholder, parent, or

  4  guardian.

  5         (h)(i)  Make a report to the Governor, the President of

  6  the Senate, the Speaker of the House of Representatives, and

  7  the Minority Leaders of the Senate and the House of

  8  Representatives not later than March 1 October 1 of each year.

  9  The report shall summarize the activities of the plan for the

10  prior fiscal 12-month period ending July 1 of that year,

11  including then-current data and estimates as to net written

12  and earned premiums, the expense of administration, and the

13  paid and incurred losses for the year.  The report shall also

14  include analysis and recommendations for legislative changes

15  regarding utilization review, quality assurance, an evaluation

16  of the administrator of the plan, access to cost-effective

17  health care, and cost containment/case management policy and

18  recommendations concerning the opening of enrollment to new

19  entrants as of July 1, 1992.

20         (i)(j)  Make a report to the Governor, the Insurance

21  Commissioner, the President of the Senate, the Speaker of the

22  House of Representatives, and the Minority Leaders of the

23  Senate and House of Representatives, not later than 45 days

24  after the close of each calendar quarter, which includes, for

25  the prior quarter, current data and estimates of net written

26  and earned premiums, the expenses of administration, and the

27  paid and incurred losses.  The report shall identify any

28  statutorily mandated program that has not been fully

29  implemented by the board.

30         (j)(k)  To facilitate preparation of assessments and

31  for other purposes, the board shall engage an independent

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  1  certified public account licensed pursuant to chapter 473 to

  2  conduct an annual financial audit of the association direct

  3  preparation of annual audited financial statements for each

  4  calendar year as soon as feasible following the conclusion of

  5  that calendar year, and shall, within 30 days after the

  6  issuance rendition of such statements, file with the

  7  department the annual report containing such information as

  8  required by the department to be filed on March 1 of each

  9  year.

10         (k)(l)  Employ a plan case manager or managers to

11  supervise and manage the medical care or coordinate the

12  supervision and management of the medical care, with the

13  administrator, of specified individuals.  The plan case

14  manager, with the approval of the board, shall have final

15  approval over the case management for any specific individual.

16  If cost-effective and available in the county where the

17  policyholder resides, the association, upon application or

18  renewal of a policy, may place an individual with the plan

19  case manager, who shall determine the most cost-effective

20  quality care system or health care provider and shall place

21  the individual in such system or with such health care

22  provider. Prior to and during the implementation of case

23  management, the plan case manager shall obtain input from the

24  policyholder, parent, or guardian and the health care

25  providers and shall:

26         (l)  Administer the association in a fiscally

27  responsible manner that ensures that its expenditures are

28  reasonable in relation to the services provided and that the

29  financial resources of the association are adequate to meet

30  its obligations.

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  1         (m)  At least annually, but no more than quarterly,

  2  evaluate or cause to be evaluated the actuarial soundness of

  3  the association. The association shall contract with an

  4  actuary to evaluate the pool of insureds in the association

  5  and monitor the financial condition of the association. The

  6  actuary shall determine the feasibility of enrolling new

  7  members in the association, which must be based on the

  8  projected revenues and expenses of the association.

  9         (n)  Restrict at any time the number of participants in

10  the association based on a determination by the board that the

11  revenues will be inadequate to fund new participants. However,

12  any person denied participation solely on the basis of such

13  restriction must be granted priority for participation in the

14  succeeding period in which the association is reopened for

15  participants. Effective April 1, 2002, the association may

16  provide coverage for up to 500 persons for the period ending

17  December 31, 2002. On or after January 1, 2003, the

18  association may enroll an additional 1,500 persons. At no time

19  may the association provide coverage for more than 2,000

20  persons. Except as provided in s. 627.6486(2)(j), applications

21  for enrollment must be processed on a first-in, first-out

22  basis.

23         (o)  Establish procedures to maintain separate accounts

24  and recordkeeping for policyholders prior to January 1, 2002,

25  and policyholders issued coverage on and after January 1,

26  2002.

27         (p)  Appoint an executive director to serve as the

28  chief administrative and operational officer of the

29  association and operate within the specifications of the plan

30  of operation and perform other duties assigned to him or her

31  by the board.

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  1         (5)  The association may:

  2         (a)  Exercise powers granted to insurers under the laws

  3  of this state.

  4         (b)  Sue or be sued.

  5         (c)  In addition to imposing annual assessments under

  6  paragraph (4)(d), levy interim assessments against insurers to

  7  ensure the financial ability of the plan to cover claims

  8  expenses and administrative expenses paid or estimated to be

  9  paid in the operation of the plan for a calendar year prior to

10  the association's anticipated receipt of annual assessments

11  for that calendar year.  Any interim assessment shall be due

12  and payable within 30 days after of receipt by an insurer of

13  an interim assessment notice.  Interim assessment payments

14  shall be credited against the insurer's annual assessment.

15  Such assessments may be levied only for costs and expenses

16  associated with policyholders insured with the association

17  prior to January 1, 2002.

18         (d)  Prepare or contract for a performance audit of the

19  administrator of the association.

20         (e)  Appear in its own behalf before boards,

21  commissions, or other governmental agencies.

22         (f)  Solicit and accept gifts, grants, loans, and other

23  aid from any source or participate in any way in any

24  government program to carry out the purposes of the Florida

25  Comprehensive Health Association Act.

26         (g)  Require and collect administrative fees and

27  charges in connection with any transaction and impose

28  reasonable penalties, including default, for delinquent

29  payments or for entering into the association on a fraudulent

30  basis.

31

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  1         (h)  Procure insurance against any loss in connection

  2  with the property, assets, and activities of the association

  3  or the board.

  4         (i)  Contract for necessary goods and services; employ

  5  necessary personnel; and engage the services of private

  6  consultants, actuaries, managers, legal counsel, and

  7  independent certified public accountants for administrative or

  8  technical assistance.

  9         (6)  The department shall examine and investigate the

10  association in the manner provided in part II of chapter 624.

11         Section 5.  Paragraph (b) of subsection (3) of section

12  627.649, Florida Statutes, is amended to read:

13         627.649  Administrator.--

14         (3)  The administrator shall:

15         (b)  Pay an agent's referral fee as established by the

16  board to each insurance agent who refers an applicant to the

17  plan, if the applicant's application is accepted.  The selling

18  or marketing of plans shall not be limited to the

19  administrator or its agents. Any agent must be licensed by the

20  department to sell health insurance in this state. The

21  referral fees shall be paid by the administrator from moneys

22  received as premiums for the plan.

23         Section 6.  Section 627.6492, Florida Statutes, is

24  amended to read:

25         627.6492  Participation of insurers.--

26         (1)(a)  As a condition of doing business in this state

27  an insurer shall pay an assessment to the board, in the amount

28  prescribed by this section. Subsections (1), (2), and (3)

29  apply only to the costs and expenses associated with

30  policyholders insured with the association prior to January 1,

31  2002, including renewal of coverage for such policyholders

                                  18

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  1  after that date.  For operating losses incurred in any

  2  calendar year on July 1, 1991, and thereafter, each insurer

  3  shall annually be assessed by the board in the following

  4  calendar year a portion of such incurred operating losses of

  5  the plan; such portion shall be determined by multiplying such

  6  operating losses by a fraction, the numerator of which equals

  7  the insurer's earned premium pertaining to direct writings of

  8  health insurance in the state during the calendar year

  9  preceding that for which the assessment is levied, and the

10  denominator of which equals the total of all such premiums

11  earned by participating insurers in the state during such

12  calendar year.

13         (b)  For operating losses incurred from July 1, 1991,

14  through December 31, 1991, the total of all assessments upon a

15  participating insurer shall not exceed .375 percent of such

16  insurer's health insurance premiums earned in this state

17  during 1990. For operating losses incurred in 1992 and

18  thereafter, The total of all assessments upon a participating

19  insurer shall not exceed 1 percent of such insurer's health

20  insurance premium earned in this state during the calendar

21  year preceding the year for which the assessments were levied.

22         (c)  For operating losses incurred from October 1,

23  1990, through June 30, 1991, the board shall assess each

24  insurer in the amount and manner prescribed by chapter 90-334,

25  Laws of Florida. The maximum assessment against an insurer, as

26  provided in such act, shall apply separately to the claims

27  incurred in 1990 (October 1 through December 31) and the

28  claims incurred in 1991 (January 1 through June 30).  For

29  operating losses incurred on January 1, 1991, through June 30,

30  1991, the maximum assessment against an insurer shall be

31  one-half of the amount of the maximum assessment specified for

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  1  such insurer in former s. 627.6492(1)(b), 1990 Supplement, as

  2  amended by chapter 90-334, Laws of Florida.

  3         (c)(d)  All rights, title, and interest in the

  4  assessment funds collected shall vest in this state.  However,

  5  all of such funds and interest earned shall be used by the

  6  association to pay claims and administrative expenses.

  7         (2)  If assessments and other receipts by the

  8  association, board, or administrator exceed the actual losses

  9  and administrative expenses of the plan, the excess shall be

10  held at interest and used by the board to offset future

11  losses.  As used in this subsection, the term "future losses"

12  includes reserves for claims incurred but not reported.

13         (3)  Each insurer's assessment shall be determined

14  annually by the association based on annual statements and

15  other reports deemed necessary by the association and filed

16  with it by the insurer.  Any deficit incurred under the plan

17  shall be recouped by assessments against participating

18  insurers by the board in the manner provided in subsection

19  (1); and the insurers may recover the assessment in the normal

20  course of their respective businesses without time limitation.

21         (4)(a)  This subsection applies only to those costs and

22  expenses of the association related to persons whose coverage

23  begins after January 1, 2002. As a condition of doing business

24  in this state, every insurer shall pay an amount determined by

25  the board of up to 25 cents per month for each individual

26  policy or covered group subscriber insured in this state, not

27  including covered dependents, under a health insurance policy,

28  certificate, or other evidence of coverage that is issued for

29  a resident of this state and shall file the information with

30  the association as required pursuant to paragraph (d). Any

31  insurer who neglects, fails, or refuses to collect the fee

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  1  shall be liable for and pay the fee. The fee shall not be

  2  subject to the provisions of s. 624.509.

  3         (b)  For purposes of this subsection, health insurance

  4  does not include accident only, specified disease, individual

  5  hospital indemnity, credit, dental-only, vision-only, Medicare

  6  supplement, long-term care, nursing home care, home health

  7  care, community-based care, or disability income insurance;

  8  similar supplemental plans provided under a separate policy,

  9  certificate, or contract of insurance, which cannot duplicate

10  coverage under an underlying health plan and are specifically

11  designed to fill gaps in the underlying health plan,

12  coinsurance, or deductibles; any policy covering

13  medical-payment coverage or personal injury protection

14  coverage in a motor vehicle policy; coverage issued as a

15  supplement to liability insurance; or workers' compensation

16  insurance. For the purposes of this subsection, the term

17  "insurer" as defined in s. 627.6482(7) also includes

18  administrators licensed pursuant to s. 626.8805, and any

19  insurer defined in s. 627.6482(7) from whom any person

20  providing health insurance to Florida residents procures

21  insurance for itself in the insurer, with respect to all or

22  part of the health insurance risk of the person, or provides

23  administrative services only. This definition of insurer

24  excludes self-insured, employee welfare benefit plans that are

25  not regulated by the Florida Insurance Code pursuant to the

26  Employee Retirement Income Security Act of 1974, Pub. L. No.

27  93-406, as amended. However, this definition of insurer

28  includes multiple employer welfare arrangements as provided

29  for in the Employee Retirement Income Security Act of 1974,

30  Pub. L. No. 93-406, as amended. Each covered group subscriber,

31  without regard to covered dependents of the subscriber, shall

                                  21

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  1  be counted only once with respect to any assessment. For that

  2  purpose, the board shall allow an insurer as defined by this

  3  subsection to exclude from its number of covered group

  4  subscribers those who have been counted by any primary insurer

  5  providing health insurance coverage pursuant to s. 624.603.

  6         (c)  The calculation shall be determined as of December

  7  31 of each year and shall include all policies and covered

  8  subscribers, not including covered dependents of the

  9  subscribers, insured at any time during the year, calculated

10  for each month of coverage. The payment is payable to the

11  association no later than April 1 of the subsequent year. The

12  first payment shall be forwarded to the association no later

13  than April 1, 2002, covering the period of October 1, 2001,

14  through December 31, 2001.

15         (d)  The payment of such funds shall be submitted to

16  the association accompanied by a form prescribed by the

17  association and adopted in the plan of operation. The form

18  shall identify the number of covered lives for different types

19  of health insurance products and the number of months of

20  coverage.

21         (e)  Beginning October 1, 2001, the fee paid to the

22  association may be charged by the health insurer directly to

23  each policyholder, insured member, or subscriber and is not

24  part of the premium subject to the department's review and

25  approval. Nonpayment of the fee shall be considered nonpayment

26  of premium for purposes of s. 627.6043.

27         Section 7.  Section 627.6498, Florida Statutes, is

28  amended to read:

29         627.6498  Minimum benefits coverage; exclusions;

30  premiums; deductibles.--

31         (1)  COVERAGE OFFERED.--

                                  22

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  1         (a)  The plan shall offer in an annually a semiannually

  2  renewable policy the coverage specified in this section for

  3  each eligible person. For applications accepted on or after

  4  June 7, 1991, but before July 1, 1991, coverage shall be

  5  effective on July 1, 1991, and shall be renewable on January

  6  1, 1992, and every 6 months thereafter.  Policies in existence

  7  on June 7, 1991, shall, upon renewal, be for a term of less

  8  than 6 months that terminates and becomes subject to

  9  subsequent renewal on the next succeeding January 1 or July 1,

10  whichever is sooner.

11         (b)  If an eligible person is also eligible for

12  Medicare coverage, the plan shall not pay or reimburse any

13  person for expenses paid by Medicare.

14         (c)  Any person whose health insurance coverage is

15  involuntarily terminated for any reason other than nonpayment

16  of premium may apply for coverage under the plan.  If such

17  coverage is applied for within 60 days after the involuntary

18  termination and if premiums are paid for the entire period of

19  coverage, the effective date of the coverage shall be the date

20  of termination of the previous coverage.

21         (b)(d)  The plan shall provide that, upon the death or

22  divorce of the individual in whose name the contract was

23  issued, every other person then covered in the contract may

24  elect within 60 days to continue under the same or a different

25  contract.

26         (c)(e)  No coverage provided to a person who is

27  eligible for Medicare benefits shall be issued as a Medicare

28  supplement policy as defined in s. 627.672.

29         (2)  BENEFITS.--

30         (a)  The plan must offer coverage to every eligible

31  person subject to limitations set by the association. The

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  1  coverage offered must pay an eligible person's covered

  2  expenses, subject to limits on the deductible and coinsurance

  3  payments authorized under subsection (4). The lifetime

  4  benefits limit for such coverage shall be $500,000. However,

  5  policyholders of association policies issued prior to 1992 are

  6  entitled to continued coverage at the benefit level

  7  established prior to January 1, 2002. Only the premium,

  8  deductible, and coinsurance amounts may be modified as

  9  determined necessary by the board. The plan shall offer major

10  medical expense coverage similar to that provided by the state

11  group health insurance program as defined in s. 110.123 except

12  as specified in subsection (3) to every eligible person who is

13  not eligible for Medicare. Major medical expense coverage

14  offered under the plan shall pay an eligible person's covered

15  expenses, subject to limits on the deductible and coinsurance

16  payments authorized under subsection (4), up to a lifetime

17  limit of $500,000 per covered individual. The maximum limit

18  under this paragraph shall not be altered by the board, and no

19  actuarially equivalent benefit may be substituted by the

20  board.

21         (b)  The plan shall provide that any policy issued to a

22  person eligible for Medicare shall be separately rated to

23  reflect differences in experience reasonably expected to occur

24  as a result of Medicare payments.

25         (3)  COVERED EXPENSES.--

26         (a)  The board shall establish the coverage to be

27  issued by the association.

28         (b)  If the coverage is being issued to an eligible

29  individual as defined in s. 627.6487, the individual shall be

30  offered, at the option of the individual, the basic and the

31  standard health benefit plan as established in s. 627.6699.

                                  24

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  1  The coverage to be issued by the association shall be

  2  patterned after the state group health insurance program as

  3  defined in s. 110.123, including its benefits, exclusions, and

  4  other limitations, except as otherwise provided in this act.

  5  The plan may cover the cost of experimental drugs which have

  6  been approved for use by the Food and Drug Administration on

  7  an experimental basis if the cost is less than the usual and

  8  customary treatment.  Such coverage shall only apply to those

  9  insureds who are in the case management system upon the

10  approval of the insured, the case manager, and the board.

11         (4)  PREMIUMS AND, DEDUCTIBLES, AND COINSURANCE.--

12         (a)  The plan shall provide for annual deductibles for

13  major medical expense coverage in the amount of $1,000 or any

14  higher amounts proposed by the board and approved by the

15  department, plus the benefits payable under any other type of

16  insurance coverage or workers' compensation.  The schedule of

17  premiums and deductibles shall be established by the board

18  association. With regard to any preferred provider arrangement

19  utilized by the association, the deductibles provided in this

20  paragraph shall be the minimum deductibles applicable to the

21  preferred providers and higher deductibles, as approved by the

22  department, may be applied to providers who are not preferred

23  providers.

24         1.  Separate schedules of premium rates based on age

25  may apply for individual risks.

26         2.  Rates are subject to approval by the department

27  pursuant to ss. 627.410 and 627.411, except as provided by

28  this section. The board shall revise premium schedules

29  annually, beginning January 2002.

30

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  1         3.  Standard risk rates for coverages issued by the

  2  association shall be established by the department, pursuant

  3  to s. 627.6675(3).

  4         3.4.  The board shall establish three premium schedules

  5  based upon an individual's family income:

  6         a.  Schedule A is applicable to an individual whose

  7  family income exceeds the allowable amount for determining

  8  eligibility under the Medicaid program, up to and including

  9  200 percent of the Federal Poverty Level. Premiums for a

10  person under this schedule may not exceed 150 percent of the

11  standard risk rate.

12         b.  Schedule B is applicable to an individual whose

13  family income exceeds 200 percent but is less than 300 percent

14  of the Federal Poverty Level. Premiums for a person under this

15  schedule may not exceed 250 percent of the standard risk rate.

16         c.  Schedule C is applicable to an individual whose

17  family income is equal to or greater than 300 percent of the

18  Federal Poverty Level. Premiums for a person under this

19  schedule may not exceed 300 percent of the standard risk rate.

20  establish separate premium schedules for low-risk individuals,

21  medium-risk individuals, and high-risk individuals and shall

22  revise premium schedules annually beginning January 1999.

23         4.  The standard risk rate shall be determined by the

24  department pursuant to s. 627.6675(3). The rate shall be

25  adjusted for benefit differences. No rate shall exceed 200

26  percent of the standard risk rate for low-risk individuals,

27  225 percent of the standard risk rate for medium-risk

28  individuals, or 250 percent of the standard risk rate for

29  high-risk individuals. For the purpose of determining what

30  constitutes a low-risk individual, medium-risk individual, or

31  high-risk individual, the board shall consider the anticipated

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  1  claims payment for individuals based upon an individual's

  2  health condition.

  3         (b)  If the covered costs incurred by the eligible

  4  person exceed the deductible for major medical expense

  5  coverage selected by the person in a policy year, the plan

  6  shall pay in the following manner:

  7         1.  For individuals placed under case management, the

  8  plan shall pay 90 percent of the additional covered costs

  9  incurred by the person during the policy year for the first

10  $10,000, after which the plan shall pay 100 percent of the

11  covered costs incurred by the person during the policy year.

12         2.  For individuals utilizing the preferred provider

13  network, the plan shall pay 80 percent of the additional

14  covered costs incurred by the person during the policy year

15  for the first $10,000, after which the plan shall pay 90

16  percent of covered costs incurred by the person during the

17  policy year.

18         3.  If the person does not utilize either the case

19  management system or the preferred provider network, the plan

20  shall pay 60 percent of the additional covered costs incurred

21  by the person for the first $10,000, after which the plan

22  shall pay 70 percent of the additional covered costs incurred

23  by the person during the policy year.

24         (5)  PREEXISTING CONDITIONS.--An association policy

25  shall may contain provisions under which coverage is excluded

26  during a period of 12 months following the effective date of

27  coverage with respect to a given covered individual for any

28  preexisting condition, as long as:

29         (a)  The condition manifested itself within a period of

30  6 months before the effective date of coverage; or

31

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  1         (b)  Medical advice or treatment was recommended or

  2  received within a period of 6 months before the effective date

  3  of coverage.

  4

  5  This subsection does not apply to an eligible individual as

  6  defined in s. 627.6487.

  7         (6)  OTHER SOURCES PRIMARY.--

  8         (a)  No amounts paid or payable by Medicare or any

  9  other governmental program or any other insurance, or

10  self-insurance maintained in lieu of otherwise statutorily

11  required insurance, may be made or recognized as claims under

12  such policy or be recognized as or towards satisfaction of

13  applicable deductibles or out-of-pocket maximums or to reduce

14  the limits of benefits available.

15         (b)  The association has a cause of action against a

16  participant for any benefits paid to the participant which

17  should not have been claimed or recognized as claims because

18  of the provisions of this subsection or because otherwise not

19  covered.

20         (7)  NONENTITLEMENT.--The Florida Comprehensive Health

21  Association Act does not provide an individual with an

22  entitlement to health care services or health insurance. A

23  cause of action does not arise against the state, the board,

24  or the association for failure to make health services or

25  health insurance available under the Florida Comprehensive

26  Health Association Act.

27         Section 8.  The Legislature finds that the provisions

28  of this act fulfill an important state interest.

29         Section 9.  The amendments in this act to section

30  627.6487, Florida Statutes, shall not take effect unless the

31  Health Care Financing Administration of the U.S. Department of

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  1  Health and Human Services approves this act as providing an

  2  acceptable alternative mechanism, as provided in the Public

  3  Health Service Act.

  4         Section 10.  Effective January 1, 2002, section

  5  627.6484, Florida Statutes, is repealed.

  6         Section 11.  Except as otherwise expressly provided in

  7  this act, this act shall take effect July 1, 2001.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1208

  3

  4
    1.    Caps new enrollment in the association at 500 for
  5        calendar year 2002 and allows for additional 1,500
          members, effective January 1, 2003.
  6
    2.    Provides that the assessment on insurers, for new
  7        enrollment, would be reduced from up to $1 to 25 cents
          per month for each individual policy or covered group
  8        subscriber insured in Florida, not including dependents,
          including plans administered by third-party
  9        administrator and insurers (administrative services only
          contracts). The definition of insurer would not include
10        self-insured employee welfare benefit plans that are not
          regulated by the Florida Insurance Code pursuant to the
11        Employee Retirement Income Security Act of 1974 (ERISA),
          as amended. The definition of insurer would include
12        multiple employer welfare arrangements as provided for
          in ERISA.
13
    3.    Specifies that the insurer would be liable for the
14        payment of the fee to the association. Nonpayment of the
          fee would be considered nonpayment of premium and would
15        be grounds for cancellation of the policy or contract.
          The assessment would be exempt from the insurance
16        premium tax.

17  4.    Reduces the Florida residency requirement from 12 to 6
          months.
18
    5.    Reinstates the $500,000 lifetime benefit for coverage
19        under the plan.

20  6.    Implements a sliding fee schedule for  premiums based
          upon an individual's income. The premium would be 150,
21        250, or 300 percent of the standard risk rate,
          contingent upon an individual's income level.
22
    7.    Provides a hold-harmless provision for individuals
23        eligible for guaranteed-issuance of coverage, as
          provided in s. 627.6487, F.S., to specify that the
24        63-day period specified in s. 627.6561(6) would be
          tolled from the time the association receives an
25        application from an individual until such time as the
          association notifies the individual that it is not
26        accepting and issuing coverage to that individual. In
          addition, if the federal Health Care Financing
27        Administration does not authorize the association to be
          an acceptable alternative mechanism to provide coverage
28        to these individuals guaranteed issuance of coverage
          under s. 627.6487, F.S., these individuals could
29        continue to obtain coverage in the voluntary market.

30  8.    Requires employees of the association to be reimbursed
          for expenses, as provided in s. 112.061, F.S., incurred
31        in carrying out their duties.

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  1  9.    Provides that the act fulfills an important state
          interest.
  2
    10.   Eliminates the pilot program to expand health care
  3        options to lower-income, uninsured state residents.

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