Senate Bill sb1210e1

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    CS for SB 1210                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to health insurance; amending

  3         s. 627.410, F.S.; requiring certain group

  4         certificates for health insurance coverage to

  5         be subject to the requirements for individual

  6         health insurance policies; revising

  7         requirements for filing and approval of

  8         individual health insurance rates; exempting

  9         group health insurance policies insuring groups

10         of a certain size from rate filing

11         requirements; providing alternative rate filing

12         requirements for insurers with less than a

13         specified number of nationwide policyholders or

14         members; amending s. 627.411, F.S.; revising

15         the grounds for the disapproval of insurance

16         policy forms; providing that a health insurance

17         policy form may be disapproved if it results in

18         certain rate increases; specifying allowable

19         new business rates and renewal rates if rate

20         increases exceed certain levels; authorizing

21         the Department of Insurance to determine

22         medical trend for purposes of approving rate

23         filings; amending s. 627.6487, F.S.; revising

24         the types of policies that individual health

25         insurers must offer to persons eligible for

26         guaranteed individual health insurance

27         coverage; prohibiting individual health

28         insurers from applying discriminatory

29         underwriting or rating practices to eligible

30         individuals; amending s. 627.6515, F.S.;

31         requiring that coverage issued to a state


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    CS for SB 1210                                 First Engrossed



  1         resident under certain group health insurance

  2         policies issued outside the state be subject to

  3         the requirements for individual health

  4         insurance policies; amending s. 627.6699, F.S.;

  5         revising definitions used in the Employee

  6         Health Care Access Act; allowing carriers to

  7         separate the experience of small employer

  8         groups with fewer than two employees; revising

  9         the rating factors that may be used by small

10         employer carriers; amending s. 627.9408, F.S.;

11         authorizing the department to adopt by rule

12         certain provisions of the Long-Term Care

13         Insurance Model Regulation, as adopted by the

14         National Association of Insurance

15         Commissioners; amending s. 641.31, F.S.;

16         exempting contracts of group health maintenance

17         organizations covering a specified number of

18         persons from the requirements of filing with

19         the department; specifying the standards for

20         department approval and disapproval of a change

21         in rates by a health maintenance organization;

22         providing alternative rate filing requirements

23         for organizations with less than a specified

24         number of subscribers; amending s. 627.6482,

25         F.S.; amending definitions used in the Florida

26         Comprehensive Health Association Act; amending

27         s. 627.6486, F.S.; revising the criteria for

28         eligibility for coverage from the association;

29         providing for cessation of coverage; requiring

30         all eligible persons to agree to be placed in a

31         case-management system; amending s. 627.6487,


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    CS for SB 1210                                 First Engrossed



  1         F.S.; redefining the term "eligible individual"

  2         for purposes of guaranteed availability of

  3         individual health insurance coverage; providing

  4         that a person is not eligible if the person is

  5         eligible for coverage under the Florida

  6         Comprehensive Health Association; amending s.

  7         627.6488, F.S.; revising the membership of the

  8         board of directors of the association; revising

  9         the reimbursement of board members and

10         employees; requiring that the plan of the

11         association be submitted to the department for

12         approval on an annual basis; revising the

13         duties of the association related to

14         administrative and accounting procedures;

15         requiring an annual financial audit; specifying

16         grievance procedures; establishing a premium

17         schedule based upon an individual's family

18         income; deleting requirements for categorizing

19         insureds as low-risk, medium-risk, and

20         high-risk; authorizing the association to place

21         an individual with a case manager who

22         determines the health care system or provider;

23         requiring an annual review of the actuarial

24         soundness of the association and the

25         feasibility of enrolling new members; requiring

26         a separate account for policyholders insured

27         prior to a specified date; requiring

28         appointment of an executive director with

29         specified duties; authorizing the board to

30         restrict the number of participants based on

31         inadequate funding; limiting enrollment;


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    CS for SB 1210                                 First Engrossed



  1         specifying other powers of the board; amending

  2         s. 627.649, F.S.; revising the requirements for

  3         the association to use in selecting an

  4         administrator; amending s. 627.6492, F.S.;

  5         requiring insurers to be members of the

  6         association and to be subject to assessments

  7         for operating expenses; limiting assessments to

  8         specified maximum amounts; specifying when

  9         assessments are calculated and paid; allowing

10         certain assessments to be charged by the health

11         insurer directly to each insured, member, or

12         subscriber and to not be subject to department

13         review or approval; amending s. 627.6498, F.S.;

14         revising the coverage, benefits, covered

15         expenses, premiums, and deductibles of the

16         association; requiring preexisting condition

17         limitations; providing that the act does not

18         provide an entitlement to health care services

19         or health insurance and does not create a cause

20         of action; limiting enrollment in the

21         association; repealing s. 627.6484, F.S.,

22         relating to a prohibition on the Florida

23         Comprehensive Health Association from accepting

24         applications for coverage after a certain date;

25         making a legislative finding that the

26         provisions of this act fulfill an important

27         state interest; providing that the amendments

28         to s. 627.6487(3), F.S., do not take effect

29         unless approved by the U.S. Health Care

30         Financing Administration; providing effective

31         dates.


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    CS for SB 1210                                 First Engrossed



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

  2

  3         Section 1.  Subsection (1) and paragraph (a) of

  4  subsection (6) of section 627.410, Florida Statutes, are

  5  amended, and paragraphs (f) and (g) are added to subsection

  6  (6) of that section, to read:

  7         627.410  Filing, approval of forms.--

  8         (1)  No basic insurance policy or annuity contract

  9  form, or application form where written application is

10  required and is to be made a part of the policy or contract,

11  or group certificates issued under a master contract delivered

12  in this state, or printed rider or endorsement form or form of

13  renewal certificate, shall be delivered or issued for delivery

14  in this state, unless the form has been filed with the

15  department at its offices in Tallahassee by or in behalf of

16  the insurer which proposes to use such form and has been

17  approved by the department. This provision does not apply to

18  surety bonds or to policies, riders, endorsements, or forms of

19  unique character which are designed for and used with relation

20  to insurance upon a particular subject (other than as to

21  health insurance), or which relate to the manner of

22  distribution of benefits or to the reservation of rights and

23  benefits under life or health insurance policies and are used

24  at the request of the individual policyholder, contract

25  holder, or certificateholder.  As to group insurance policies

26  effectuated and delivered outside this state but covering

27  persons resident in this state, the group certificates to be

28  delivered or issued for delivery in this state shall be filed

29  with the department for information purposes only, except that

30  group certificates for health insurance coverage, as described

31  in s. 627.6561(5)(a)2., which require individual underwriting


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    CS for SB 1210                                 First Engrossed



  1  to determine coverage eligibility for an individual or premium

  2  rates to be charged to an individual, shall be considered

  3  policies issued on an individual basis and are subject to and

  4  must comply with the Florida Insurance Code in the same manner

  5  as individual health insurance policies issued in this state.

  6         (6)(a)  An insurer shall not deliver or issue for

  7  delivery or renew in this state any health insurance policy

  8  form until it has filed with the department a copy of every

  9  applicable rating manual, rating schedule, change in rating

10  manual, and change in rating schedule; if rating manuals and

11  rating schedules are not applicable, the insurer must file

12  with the department applicable premium rates and any change in

13  applicable premium rates. Changes in rates, rating manuals,

14  and rating schedules for individual health insurance policies

15  shall be filed for approval pursuant to this paragraph. Prior

16  approval shall not be required for an individual health

17  insurance policy rate filing which complies with the

18  requirements of paragraph (6)(f). Nothing in this paragraph

19  shall be construed to interfere with the department's

20  authority to investigate suspected violations of this section

21  or to take necessary corrective action where a violation can

22  be demonstrated. Nothing in this paragraph shall prevent an

23  insurer from filing rates or rate changes for approval or from

24  deeming rate changes approved pursuant to an approved loss

25  ratio guarantee pursuant to subsection (8). This paragraph

26  does not apply to group health insurance policies, effectuated

27  and delivered in this state, insuring groups of 51 or more

28  persons, except for Medicare supplement insurance, long-term

29  care insurance, and any coverage under which the increase in

30  claim costs over the lifetime of the contract due to advancing

31  age or duration is prefunded in the premium.


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    CS for SB 1210                                 First Engrossed



  1         (f)  An insurer that files changes in rates, rating

  2  manuals or rating schedules, with the department, for

  3  individual health policies as described in s.

  4  627.6561(5)(a)2., but excluding Medicare supplement policies,

  5  according to this paragraph may begin providing required

  6  notice to policyholders upon filing provided the insurer

  7  certifies that it has met the requirements of subparagraphs 1.

  8  through 3. of this paragraph. Filings submitted pursuant to

  9  this paragraph shall contain the same information and

10  demonstrations and shall meet the same requirements as rate

11  filings submitted for approval under this section, including

12  the requirements of s. 627.411, except as indicated in this

13  paragraph.

14         1.  The insurer has complied with annual rate filing

15  requirements then in effect pursuant to subsection (7) since

16  the effective date of this paragraph or for the previous 2

17  years, whichever is less and has filed and implemented

18  actuarially justifiable rate adjustments at least annually

19  during this period. Nothing in this section shall be construed

20  to prevent an insurer from filing rate adjustments more often

21  than annually.

22         2.  The insurer has pooled experience for applicable

23  individual health policy forms in accordance with the

24  requirements of subparagraph (6)(e)3.

25         3.  Rates for the policy form are anticipated to meet a

26  minimum loss ratio of 65 percent over the expected life of the

27  form.

28

29  As used in this paragraph, the term "rating characteristics"

30  means demographic characteristics of individuals, including,

31  but not limited to, age, gender, occupation, geographic area


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    CS for SB 1210                                 First Engrossed



  1  factors, benefit design, smoking status, and health status at

  2  issue.

  3         (g)  Subsequent to filing a change of rates for an

  4  individual health policy pursuant to paragraph (f), an insurer

  5  may be required to furnish additional information to

  6  demonstrate compliance with this section. If the department

  7  finds that the adjusted rates are not reasonable in relation

  8  to premiums charged pursuant to the standards of this section,

  9  the department may order appropriate corrective action.

10         Section 2.  Section 627.411, Florida Statutes, is

11  amended to read:

12         627.411  Grounds for disapproval.--

13         (1)  The department shall disapprove any form filed

14  under s. 627.410, or withdraw any previous approval thereof,

15  only if the form:

16         (a)  Is in any respect in violation of, or does not

17  comply with, this code.

18         (b)  Contains or incorporates by reference, where such

19  incorporation is otherwise permissible, any inconsistent,

20  ambiguous, or misleading clauses, or exceptions and conditions

21  which deceptively affect the risk purported to be assumed in

22  the general coverage of the contract.

23         (c)  Has any title, heading, or other indication of its

24  provisions which is misleading.

25         (d)  Is printed or otherwise reproduced in such manner

26  as to render any material provision of the form substantially

27  illegible.

28         (e)  Is for health insurance, and:

29         1.  Provides benefits that which are unreasonable in

30  relation to the premium charged;,

31


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    CS for SB 1210                                 First Engrossed



  1         2.  Contains provisions that which are unfair or

  2  inequitable or contrary to the public policy of this state or

  3  that which encourage misrepresentation;, or

  4         3.  Contains provisions that which apply rating

  5  practices that which result in premium escalations that are

  6  not viable for the policyholder market or result in unfair

  7  discrimination pursuant to s. 626.9541(1)(g)2.; in sales

  8  practices.

  9         4.  Results in actuarially justified rate increases on

10  an annual basis:

11         a.  Attributed to the insurer reducing the portion of

12  the premium used to pay claims from the loss ratio standard

13  certified in the last actuarial certification filed by the

14  insurer, in excess of the greater of 50 percent of annual

15  medical trend or 5 percent. At its option, the insurer may

16  file for approval of an actuarially justified new business

17  rate schedule for new insureds and a rate increase for

18  existing insureds that is equal to the greater of 150 percent

19  of annual medical trend or 10 percent. Future annual rate

20  increases for existing insureds shall be limited to the

21  greater of 150 percent of the rate increase approved for new

22  insureds or 10 percent until the two rate schedules converge;

23         b.  In excess of the greater of 150 percent of annual

24  medical trend or 10 percent and the company did not comply

25  with the annual filing requirements of s. 627.410(7) or

26  department rule for health maintenance organizations pursuant

27  to s. 641.31. At its option the insurer may file for approval

28  of an actuarially justified new business rate schedule for new

29  insureds and a rate increase for existing insureds that is

30  equal to the rate increase allowed by the preceding sentence.

31  Future annual rate increases for existing insureds shall be


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    CS for SB 1210                                 First Engrossed



  1  limited to the greater of 150 percent of the rate increase

  2  approved for new insureds or 10 percent until the two rate

  3  schedules converge; or

  4         c.  In excess of the greater of 150 percent of annual

  5  medical trend or 10 percent on a form or block of pooled forms

  6  in which no form is currently available for sale. This

  7  provision does not apply to pre-standardized Medicare

  8  supplement forms.

  9         (f)  Excludes coverage for human immunodeficiency virus

10  infection or acquired immune deficiency syndrome or contains

11  limitations in the benefits payable, or in the terms or

12  conditions of such contract, for human immunodeficiency virus

13  infection or acquired immune deficiency syndrome which are

14  different than those which apply to any other sickness or

15  medical condition.

16         (2)  In determining whether the benefits are reasonable

17  in relation to the premium charged, the department, in

18  accordance with reasonable actuarial techniques, shall

19  consider:

20         (a)  Past loss experience and prospective loss

21  experience within and without this state.

22         (b)  Allocation of expenses.

23         (c)  Risk and contingency margins, along with

24  justification of such margins.

25         (d)  Acquisition costs.

26         (3)  If a health insurance rate filing changes the

27  established rate relationships between insureds, the aggregate

28  effect of such change shall be revenue-neutral. The change to

29  the new relationship shall be phased-in over a period not to

30  exceed 3 years as approved by the department. The rate filing

31  may also include increases based on overall experience or


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    CS for SB 1210                                 First Engrossed



  1  annual medical trend, or both, which portions shall not be

  2  phased-in pursuant to this paragraph.

  3         (4)  Individual health insurance policies which are

  4  subject to renewability requirements of s. 627.6425 shall be

  5  deemed guaranteed renewable for purposes of establishing loss

  6  ratio standards and shall comply with the same loss ratio

  7  standards as other guaranteed renewable forms.

  8         (5)  In determining medical trend for application of

  9  subparagraph (1)(e)4., the department shall semiannually

10  determine medical trend for each health care market, using

11  reasonable actuarial techniques and standards. The trend must

12  be adopted by the department by rule and determined as

13  follows:

14         (a)  Trend must be determined separately for medical

15  expense; preferred provider organization; Medicare supplement;

16  health maintenance organization; and other coverage for

17  individual, small group, and large group, where applicable.

18         (b)  The department shall survey insurers and health

19  maintenance organizations currently issuing products and

20  representing at least an 80-percent market share based on

21  premiums earned in the state for the most recent calendar year

22  for each of the categories specified in paragraph (a).

23         (c)  Trend must be computed as the average annual

24  medical trend approved for the carriers surveyed, giving

25  appropriate weight to each carrier's statewide market share of

26  earned premiums.

27         (d)  The annual trend is the annual change in claims

28  cost per unit of exposure. Trend includes the combined effect

29  of medical provider price changes, changes in utilization, new

30  medical procedures, and technology and cost shifting.

31


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    CS for SB 1210                                 First Engrossed



  1         Section 3.  Subsections (4) and (8) of section

  2  627.6487, Florida Statutes, are amended to read:

  3         627.6487  Guaranteed availability of individual health

  4  insurance coverage to eligible individuals.--

  5         (4)(a)  The health insurance issuer may elect to limit

  6  the coverage offered under subsection (1) if the issuer offers

  7  at least two different policy forms of health insurance

  8  coverage, both of which:

  9         1.  Are designed for, made generally available to,

10  actively marketed to, and enroll both eligible and other

11  individuals by the issuer; and

12         2.  Meet the requirement of paragraph (b).

13

14  For purposes of this subsection, policy forms that have

15  different cost-sharing arrangements or different riders are

16  considered to be different policy forms.

17         (b)  The requirement of this subsection is met for

18  health insurance coverage policy forms offered by an issuer in

19  the individual market if the issuer offers the basic and

20  standard health benefit plans as established pursuant to s.

21  627.6699(12) or policy forms for individual health insurance

22  coverage with the largest, and next to largest, premium volume

23  of all such policy forms offered by the issuer in this state

24  or applicable marketing or service area, as prescribed in

25  rules adopted by the department, in the individual market in

26  the period involved. To the greatest extent possible, such

27  rules must be consistent with regulations adopted by the

28  United States Department of Health and Human Services.

29         (8)  This section does not:

30         (a)  Restrict the issuer from applying the same

31  nondiscriminatory underwriting and rating practices that are


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    CS for SB 1210                                 First Engrossed



  1  applied by the issuer to other individuals applying for

  2  coverage amount of the premium rates that an issuer may charge

  3  an individual for individual health insurance coverage; or

  4         (b)  Prevent a health insurance issuer that offers

  5  individual health insurance coverage from establishing premium

  6  discounts or rebates or modifying otherwise applicable

  7  copayments or deductibles in return for adherence to programs

  8  of health promotion and disease prevention.

  9         Section 4.  Subsection (9) is added to section

10  627.6515, Florida Statutes, to read:

11         627.6515  Out-of-state groups.--

12         (9)  Notwithstanding any other provision of this

13  section, any group health insurance policy or group

14  certificate for health insurance, as described in s.

15  627.6561(5)(a)2., which is issued to a resident of this state

16  and requires individual underwriting to determine coverage

17  eligibility for an individual or premium rates to be charged

18  to an individual shall be considered a policy issued on an

19  individual basis and is subject to and must comply with the

20  Florida Insurance Code in the same manner as individual

21  insurance policies issued in this state.

22         Section 5.  Paragraphs (i) and (n) of subsection (3)

23  and paragraph (b) of subsection (6) of section 627.6699,

24  Florida Statutes, are amended to read:

25         627.6699  Employee Health Care Access Act.--

26         (3)  DEFINITIONS.--As used in this section, the term:

27         (i)  "Established geographic area" means the county or

28  counties, or any portion of a county or counties, within which

29  the carrier provides or arranges for health care services to

30  be available to its insureds, members, or subscribers.

31


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    CS for SB 1210                                 First Engrossed



  1         (n)  "Modified community rating" means a method used to

  2  develop carrier premiums which spreads financial risk across a

  3  large population; allows the use of separate rating factors

  4  for age, gender, family composition, tobacco usage, and

  5  geographic area as determined under paragraph (5)(j); and

  6  allows adjustments for: claims experience, health status, or

  7  credits based on the duration that the of coverage has been in

  8  force as permitted under subparagraph (6)(b)6. subparagraph

  9  (6)(b)5.; and administrative and acquisition expenses as

10  permitted under subparagraph (6)(b)5. A carrier may separate

11  the experience of small employer groups with less than two

12  eligible employees from the experience of small employer

13  groups with two through 50 eligible employees.

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

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

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

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

18  benefit plans subject to this section are subject to the

19  following:

20         1.  Small employer carriers must use a modified

21  community rating methodology in which the premium for each

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

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

24  family composition, tobacco use, or geographic area as

25  determined under paragraph (5)(j) and in which the premium may

26  be adjusted as permitted by subparagraphs 5., and 6., and 7.

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

28  composition, tobacco use, or geographic location may be

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

30  The factors used by carriers are subject to department review

31  and approval.


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    CS for SB 1210                                 First Engrossed



  1         3.  If the modified community rate is determined from

  2  two experience pools as authorized by paragraph (5)(n), the

  3  rate to be charged to small employer groups of less than two

  4  eligible employees may not exceed 150 percent of the rate

  5  determined for groups of two through 50 eligible employees;

  6  however, the carrier may charge excess losses of the

  7  less-than-two-eligible-employee experience pool to the

  8  experience pool of the two through 50 eligible employees so

  9  that all losses are allocated and the 150-percent rate limit

10  on the less-than-two-eligible-employee experience pool is

11  maintained. Notwithstanding the provisions of s.

12  627.411(1)(e)4. and (3), the rate to be charged to a small

13  employer group of fewer than 2 eligible employees insured as

14  of July 1, 2001, may be up to 125 percent of the rate

15  determined for groups of 2 through 50 eligible employees for

16  the first annual renewal and 150 percent for subsequent annual

17  renewals.

18         4.3.  Small employer carriers may not modify the rate

19  for a small employer for 12 months from the initial issue date

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

21  or benefits are changed. However, a small employer carrier may

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

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

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

25  employers covered under the policy if:

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

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

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

29         b.  The insurer demonstrates to the department that

30  efficiencies in administration are achieved and reflected in

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


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    CS for SB 1210                                 First Engrossed



  1         5.4.  A carrier may issue a group health insurance

  2  policy to a small employer health alliance or other group

  3  association with rates that reflect a premium credit for

  4  expense savings attributable to administrative activities

  5  being performed by the alliance or group association if such

  6  expense savings are specifically documented in the insurer's

  7  rate filing and are approved by the department.  Any such

  8  credit may not be based on different morbidity assumptions or

  9  on any other factor related to the health status or claims

10  experience of any person covered under the policy. Nothing in

11  this subparagraph exempts an alliance or group association

12  from licensure for any activities that require licensure under

13  the insurance code. A carrier issuing a group health insurance

14  policy to a small employer health alliance or other group

15  association shall allow any properly licensed and appointed

16  agent of that carrier to market and sell the small employer

17  health alliance or other group association policy. Such agent

18  shall be paid the usual and customary commission paid to any

19  agent selling the policy.

20         6.5.  Any adjustments in rates for claims experience,

21  health status, or credits based on the duration of coverage

22  may not be charged to individual employees or dependents. For

23  a small employer's policy, such adjustments may not result in

24  a rate for the small employer which deviates more than 15

25  percent from the carrier's approved rate. Any such adjustment

26  must be applied uniformly to the rates charged for all

27  employees and dependents of the small employer. A small

28  employer carrier may make an adjustment to a small employer's

29  renewal premium, not to exceed 10 percent annually, due to the

30  claims experience, health status, or credits based on the

31  duration of coverage of the employees or dependents of the


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    CS for SB 1210                                 First Engrossed



  1  small employer. Semiannually, small group carriers shall

  2  report information on forms adopted by rule by the department,

  3  to enable the department to monitor the relationship of

  4  aggregate adjusted premiums actually charged policyholders by

  5  each carrier to the premiums that would have been charged by

  6  application of the carrier's approved modified community

  7  rates. If the aggregate resulting from the application of such

  8  adjustment exceeds the premium that would have been charged by

  9  application of the approved modified community rate by 5

10  percent for the current reporting period, the carrier shall

11  limit the application of such adjustments only to minus

12  adjustments beginning not more than 60 days after the report

13  is sent to the department. For any subsequent reporting

14  period, if the total aggregate adjusted premium actually

15  charged does not exceed the premium that would have been

16  charged by application of the approved modified community rate

17  by 5 percent, the carrier may apply both plus and minus

18  adjustments. A small employer carrier may provide a credit to

19  a small employer's premium based on administrative and

20  acquisition expense differences resulting from the size of the

21  group. Group size administrative and acquisition expense

22  factors may be developed by each carrier to reflect the

23  carrier's experience and are subject to department review and

24  approval.

25         7.6.  A small employer carrier rating methodology may

26  include separate rating categories for one dependent child,

27  for two dependent children, and for three or more dependent

28  children for family coverage of employees having a spouse and

29  dependent children or employees having dependent children

30  only. A small employer carrier may have fewer, but not

31


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    CS for SB 1210                                 First Engrossed



  1  greater, numbers of categories for dependent children than

  2  those specified in this subparagraph.

  3         8.7.  Small employer carriers may not use a composite

  4  rating methodology to rate a small employer with fewer than 10

  5  employees. For the purposes of this subparagraph, a "composite

  6  rating methodology" means a rating methodology that averages

  7  the impact of the rating factors for age and gender in the

  8  premiums charged to all of the employees of a small employer.

  9         Section 6.  Section 627.9408, Florida Statutes, is

10  amended to read:

11         627.9408  Rules.--

12         (1)  The department may has authority to adopt rules

13  pursuant to ss. 120.536(1) and 120.54 to administer implement

14  the provisions of this part.

15         (2)  The department may adopt by rule the provisions of

16  the Long-Term Care Insurance Model Regulation adopted by the

17  National Association of Insurance Commissioners in the second

18  quarter of the year 2000 which are not in conflict with the

19  Florida Insurance Code.

20         Section 7.  Paragraphs (b) and (d) of subsection (3) of

21  section 641.31, Florida Statutes, are amended, and paragraph

22  (f) is added to that subsection, to read:

23         641.31  Health maintenance contracts.--

24         (3)

25         (b)  Any change in the rate is subject to paragraph (d)

26  and requires at least 30 days' advance written notice to the

27  subscriber. In the case of a group member, there may be a

28  contractual agreement with the health maintenance organization

29  to have the employer provide the required notice to the

30  individual members of the group. This paragraph does not apply

31  to a group contract covering 51 or more persons unless the


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    CS for SB 1210                                 First Engrossed



  1  rate is for any coverage under which the increase in claim

  2  costs over the lifetime of the contract due to advancing age

  3  or duration is prefunded in the premium.

  4         (d)  Any change in rates charged for the contract must

  5  be filed with the department not less than 30 days in advance

  6  of the effective date. At the expiration of such 30 days, the

  7  rate filing shall be deemed approved unless prior to such time

  8  the filing has been affirmatively approved or disapproved by

  9  order of the department pursuant to s. 627.411. The approval

10  of the filing by the department constitutes a waiver of any

11  unexpired portion of such waiting period. The department may

12  extend by not more than an additional 15 days the period

13  within which it may so affirmatively approve or disapprove any

14  such filing, by giving notice of such extension before

15  expiration of the initial 30-day period. At the expiration of

16  any such period as so extended, and in the absence of such

17  prior affirmative approval or disapproval, any such filing

18  shall be deemed approved.

19         (f)  A health maintenance organization with fewer than

20  1,000 covered subscribers under all individual or group

21  contracts, at the time of a rate filing, may file for an

22  annual rate increase limited to annual medical trend, as

23  adopted by the department. The filing is in lieu of the

24  actuarial memorandum otherwise required for the rate filing.

25  The filing must include forms adopted by the department and a

26  certification by an officer of the company that the filing

27  includes all similar forms.

28         Section 8.  Subsection (12) of section 627.6482,

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

30  are added to that section, to read:

31


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    CS for SB 1210                                 First Engrossed



  1         627.6482  Definitions.--As used in ss.

  2  627.648-627.6498, the term:

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

  4  plan, including the administrative fee, the risk assumption

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

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

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

  8  include a health maintenance organization's annual earned

  9  premium revenue for Medicare and Medicaid contracts for any

10  assessment due for calendar years 1990 and 1991.  For

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

12  health maintenance organization's annual earned premium

13  revenue for Medicare and Medicaid contracts is subject to

14  assessments unless the department determines that the health

15  maintenance organization has made a reasonable effort to amend

16  its Medicare or Medicaid government contract for 1992 and

17  subsequent years to provide reimbursement for any assessment

18  on Medicare or Medicaid premiums paid by the health

19  maintenance organization and the contract does not provide for

20  such reimbursement.

21         (15)  "Federal poverty level" means the most current

22  federal poverty guidelines, as established by the federal

23  Department of Health and Human Services and published in the

24  Federal Register, and in effect on the date of the policy and

25  its annual renewal.

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

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

28  Code, of all members of a household.

29         Section 9.  Section 627.6486, Florida Statutes, is

30  amended to read:

31         627.6486  Eligibility.--


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    CS for SB 1210                                 First Engrossed



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

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

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

  4  coverage under the plan, including:

  5         (a)  The insured's spouse.

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

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

  8  627.6041 and 627.6562, such coverage shall terminate at the

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

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

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

12  student at an accredited institution of higher learning, the

13  coverage may continue while the child remains unmarried and a

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

15  the child reaches age 23.

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

17  would otherwise terminate because of annulment or dissolution

18  of marriage, if the former spouse is dependent upon the

19  insured for financial support. The former spouse shall have

20  continued coverage and shall not be subject to waiting periods

21  because of the change in policyholder status.

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

23  verification of residency for the preceding 6 months and shall

24  require any additional information or documentation, or

25  statements under oath, when necessary to determine residency

26  upon initial application and for the entire term of the

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

28  maintaining his or her residence in this state for the

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

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

31


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    CS for SB 1210                                 First Engrossed



  1  6 months, or having established a domicile in this state

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

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

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

  5  coverage under the plan unless:

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

  7  supplies or medication which are covered by the association

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

  9  Medicaid program in any form or manner; and

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

11  coverage under Florida's Medicaid program.

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

13  terminates the coverage is again eligible for coverage.

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

15  the lifetime maximum benefit currently being offered by the

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

17  coverage under the plan.

18         (e)  The coverage of any person who ceases to meet the

19  eligibility requirements of this section may be terminated

20  immediately.  If such person again becomes eligible for

21  subsequent coverage under the plan, any previous claims

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

23  maximum benefit and any limitation relating to preexisting

24  conditions in effect at the time such person again becomes

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

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

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

28  unless such person has been rejected by two insurers for

29  coverage substantially similar to the plan coverage and no

30  insurer has been found through the market assistance plan

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


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    CS for SB 1210                                 First Engrossed



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

  2  an offer of coverage with a material underwriting restriction

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

  4  plan rate.

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

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

  7  of coverage under the plan, substantially similar coverage

  8  under another contract or policy, unless such coverage is

  9  provided pursuant to the Consolidated Omnibus Budget

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

11  (1986) (COBRA), as amended, or such coverage is provided

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

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

14  of eligibility. Coverage provided by the association shall be

15  secondary to any coverage provided by an insurer pursuant to

16  COBRA or pursuant to s. 627.6692.

17         (h)  A person is ineligible for coverage under the plan

18  if such person is currently eligible for health care benefits

19  under the Medicare program, except for a person who is insured

20  by the Florida Comprehensive Health Association and enrolled

21  under Medicare on July 1, 2001. All eligible persons who are

22  classified as high-risk individuals pursuant to s.

23  627.6498(4)(a)4. shall, upon application or renewal, agree to

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

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

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

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

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

29  government-sponsored program or by any government agency or

30  health care provider.

31


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    CS for SB 1210                                 First Engrossed



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

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

  3  automatically eligible for coverage in the association unless

  4  the association has ceased accepting new enrollees under s.

  5  627.6488. If the association has ceased accepting new

  6  enrollees, the eligible individual is subject to the coverage

  7  rights set forth in s. 627.6487.

  8         (3)  A person's coverage ceases:

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

10  this state;

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

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

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

14  policy; or

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

16  the association making any inquiry concerning the person's

17  eligibility or place or residence to which the person does not

18  reply.

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

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

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

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

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

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

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

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

27  2002, as determined by the board pursuant to s.

28  627.6488(4)(n).

29         Section 10.  Subsection (3) of section 627.6487,

30  Florida Statutes, is amended to read:

31


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    CS for SB 1210                                 First Engrossed



  1         627.6487  Guaranteed availability of individual health

  2  insurance coverage to eligible individuals.--

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

  4  "eligible individual" means an individual:

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

  6  seeks coverage under this section, the aggregate of the

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

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

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

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

11  or health insurance coverage offered in connection with any

12  such plan; or

13         b.  Whose most recent prior creditable coverage was

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

15  insurer or health maintenance organization, which coverage is

16  terminated due to the insurer or health maintenance

17  organization becoming insolvent or discontinuing the offering

18  of all individual coverage in the State of Florida, or due to

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

20  of Florida of the insurer or health maintenance organization

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

22  Florida;

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

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

25  Public Health Service Act;

26         2.  A conversion policy or contract issued by an

27  authorized insurer or health maintenance organization under s.

28  627.6675 or s. 641.3921, respectively, offered to an

29  individual who is no longer eligible for coverage under either

30  an insured or self-insured employer plan;

31


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    CS for SB 1210                                 First Engrossed



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

  2  Security Act; or

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

  4  successor program, and does not have other health insurance

  5  coverage; or

  6         5.  The Florida Comprehensive Health Association, if

  7  the association is accepting and issuing coverage to new

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

  9  627.6561(6) shall be tolled from the time the association

10  receives an application from an individual until the

11  association notifies the individual that it is not accepting

12  and issuing coverage to that individual;

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

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

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

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

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

18  or person other than the individual;

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

20  continuation coverage under a COBRA continuation provision or

21  under s. 627.6692, elected such coverage; and

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

23  provision, has exhausted such continuation coverage under such

24  provision or program.

25         Section 11.  Section 627.6488, Florida Statutes, is

26  amended to read:

27         627.6488  Florida Comprehensive Health Association.--

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

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

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

31  of the association.


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    CS for SB 1210                                 First Engrossed



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

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

  3  of directors consisting of the Insurance Commissioner, or his

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

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

  6  least one member must be a representative of an authorized

  7  health insurer or health maintenance organization authorized

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

  9  shall be appointed by the Insurance Commissioner as follows:

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

11  Commissioner or his or her designee.

12         2.  One representative of policyholders who is not

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

14  insurer.

15         3.  One representative of insurers.

16

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

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

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

20  time without cause.

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

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

23  date as established in the plan of operation.

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

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

26  administrative and financial transactions and responsibilities

27  of the association and to perform other necessary and proper

28  functions not prohibited by law. Employees of the association

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

30  the association for expenses incurred in carrying out their

31  responsibilities under this act.


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    CS for SB 1210                                 First Engrossed



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

  2  112.061 from moneys of the association for actual and

  3  necessary expenses incurred by them as members in carrying out

  4  their responsibilities under the Florida Comprehensive Health

  5  Association Act, but may not otherwise be compensated for

  6  their services.

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

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

  9  insurer, or its agents or employees, agents or employees of

10  the association, members of the board of directors of the

11  association, or the departmental representatives for any act

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

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

14  person is in intentional disregard of the rights of the

15  claimant.

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

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

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

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

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

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

22  department shall adopt rules to effectuate the provisions of

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

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

25  submitted by the association and approved by the department.

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

27  annually submitted to the department for approval.

28         (4)  The association shall:

29         (a)  Establish administrative and accounting procedures

30  and internal controls for the operation of the association and

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


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    CS for SB 1210                                 First Engrossed



  1  independent certified public accountant licensed pursuant to

  2  chapter 473.

  3         (b)  Establish procedures under which applicants and

  4  participants in the plan may have grievances reviewed by an

  5  impartial body and reported to the board. Individuals

  6  receiving care through the association under contract from a

  7  health maintenance organization must follow the grievance

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

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

10  627.649.

11         (d)  Collect assessments from all insurers to provide

12  for operating losses incurred or estimated to be incurred

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

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

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

16  calendar year shall occur as soon thereafter as the operating

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

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

19  Annual assessments are due and payable within 30 days of

20  receipt of the assessment notice by the insurer.

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

22  association conform to standard forms developed by the

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

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

25  existence of the plan, the eligibility requirements for the

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

27  maintain public awareness of the plan.

28         (g)  Design and employ cost containment measures and

29  requirements which may include preadmission certification,

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

31  and pharmaceutical supplies, and individual case management.


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    CS for SB 1210                                 First Engrossed



  1         (h)  Contract with preferred provider organizations and

  2  health maintenance organizations giving due consideration to

  3  the preferred provider organizations and health maintenance

  4  organizations which have contracted with the state group

  5  health insurance program pursuant to s. 110.123.  If

  6  cost-effective and available in the county where the

  7  policyholder resides, the board, upon application or renewal

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

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

10  manager who shall determine the most cost-effective quality

11  care system or health care provider and shall place the

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

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

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

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

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

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

18  system or health care provider and shall place the individual

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

20  during the implementation of case management, the plan case

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

22  guardian.

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

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

25  the Minority Leaders of the Senate and the House of

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

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

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

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

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

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


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    CS for SB 1210                                 First Engrossed



  1  include analysis and recommendations for legislative changes

  2  regarding utilization review, quality assurance, an evaluation

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

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

  5  recommendations concerning the opening of enrollment to new

  6  entrants as of July 1, 1992.

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

  8  Commissioner, the President of the Senate, the Speaker of the

  9  House of Representatives, and the Minority Leaders of the

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

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

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

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

14  paid and incurred losses.  The report shall identify any

15  statutorily mandated program that has not been fully

16  implemented by the board.

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

18  for other purposes, the board shall engage an independent

19  certified public accountant licensed pursuant to chapter 473

20  to conduct an annual financial audit of the association direct

21  preparation of annual audited financial statements for each

22  calendar year as soon as feasible following the conclusion of

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

24  issuance rendition of such statements, file with the

25  department the annual report containing such information as

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

27  year.

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

29  supervise and manage the medical care or coordinate the

30  supervision and management of the medical care, with the

31  administrator, of specified individuals.  The plan case


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    CS for SB 1210                                 First Engrossed



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

  2  approval over the case management for any specific individual.

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

  4  policyholder resides, the association, upon application or

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

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

  7  quality care system or health care provider and shall place

  8  the individual in such system or with such health care

  9  provider. Prior to and during the implementation of case

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

11  policyholder, parent or guardian, and the health care

12  providers.

13         (l)  Administer the association in a fiscally

14  responsible manner that ensures that its expenditures are

15  reasonable in relation to the services provided and that the

16  financial resources of the association are adequate to meet

17  its obligations.

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

19  evaluate or cause to be evaluated the actuarial soundness of

20  the association. The association shall contract with an

21  actuary to evaluate the pool of insureds in the association

22  and monitor the financial condition of the association. The

23  actuary shall determine the feasibility of enrolling new

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

25  projected revenues and expenses of the association.

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

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

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

29  any person denied participation solely on the basis of such

30  restriction must be granted priority for participation in the

31  succeeding period in which the association is reopened for


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    CS for SB 1210                                 First Engrossed



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

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

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

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

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

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

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

  8  basis.

  9         (o)  Establish procedures to maintain separate accounts

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

11  and policyholders issued coverage on and after January 1,

12  2002.

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

14  chief administrative and operational officer of the

15  association and operate within the specifications of the plan

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

17  by the board.

18         (5)  The association may:

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

20  of this state.

21         (b)  Sue or be sued.

22         (c)  In addition to imposing annual assessments under

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

24  ensure the financial ability of the plan to cover claims

25  expenses and administrative expenses paid or estimated to be

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

27  the association's anticipated receipt of annual assessments

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

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

30  an interim assessment notice.  Interim assessment payments

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


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    CS for SB 1210                                 First Engrossed



  1  Such assessments may be levied only for costs and expenses

  2  associated with policyholders insured with the association

  3  prior to January 1, 2002.

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

  5  administrator of the association.

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

  7  commissions, or other governmental agencies.

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

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

10  government program to carry out the purposes of the Florida

11  Comprehensive Health Association Act.

12         (g)  Require and collect administrative fees and

13  charges in connection with any transaction and impose

14  reasonable penalties, including default, for delinquent

15  payments or for entering into the association on a fraudulent

16  basis.

17         (h)  Procure insurance against any loss in connection

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

19  or the board.

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

21  necessary personnel; and engage the services of private

22  consultants, actuaries, managers, legal counsel, and

23  independent certified public accountants for administrative or

24  technical assistance.

25         (6)  The department shall examine and investigate the

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

27         Section 12.  Paragraph (b) of subsection (3) of section

28  627.649, Florida Statutes, is amended to read:

29         627.649  Administrator.--

30         (3)  The administrator shall:

31


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    CS for SB 1210                                 First Engrossed



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

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

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

  4  or marketing of plans shall not be limited to the

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

  6  department to sell health insurance in this state. The

  7  referral fees shall be paid by the administrator from moneys

  8  received as premiums for the plan.

  9         Section 13.  Section 627.6492, Florida Statutes, is

10  amended to read:

11         627.6492  Participation of insurers.--

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

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

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

15  apply only to the costs and expenses associated with

16  policyholders insured with the association prior to January 1,

17  2002, including renewal of coverage for such policyholders

18  after that date.  For operating losses incurred in any

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

20  shall annually be assessed by the board in the following

21  calendar year a portion of such incurred operating losses of

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

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

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

25  health insurance in the state during the calendar year

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

27  denominator of which equals the total of all such premiums

28  earned by participating insurers in the state during such

29  calendar year.

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

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


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    CS for SB 1210                                 First Engrossed



  1  participating insurer shall not exceed .375 percent of such

  2  insurer's health insurance premiums earned in this state

  3  during 1990. For operating losses incurred in 1992 and

  4  thereafter, The total of all assessments upon a participating

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

  6  insurance premium earned in this state during the calendar

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

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

  9  1990, through June 30, 1991, the board shall assess each

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

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

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

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

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

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

16  1991, the maximum assessment against an insurer shall be

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

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

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

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

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

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

23  association to pay claims and administrative expenses.

24         (2)  If assessments and other receipts by the

25  association, board, or administrator exceed the actual losses

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

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

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

29  includes reserves for claims incurred but not reported.

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

31  annually by the association based on annual statements and


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    CS for SB 1210                                 First Engrossed



  1  other reports deemed necessary by the association and filed

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

  3  shall be recouped by assessments against participating

  4  insurers by the board in the manner provided in subsection

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

  6  course of their respective businesses without time limitation.

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

  8  expenses of the association related to persons whose coverage

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

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

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

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

13  including covered dependents, under a health insurance policy,

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

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

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

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

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

19  subject to the provisions of s. 624.509.

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

21  does not include accident only, specified disease, individual

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

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

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

25  similar supplemental plans provided under a separate policy,

26  certificate, or contract of insurance, which cannot duplicate

27  coverage under an underlying health plan and are specifically

28  designed to fill gaps in the underlying health plan,

29  coinsurance, or deductibles; any policy covering

30  medical-payment coverage or personal injury protection

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


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    CS for SB 1210                                 First Engrossed



  1  supplement to liability insurance; or workers' compensation

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

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

  4  administrators licensed pursuant to s. 626.8805, and any

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

  6  providing health insurance to Florida residents procures

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

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

  9  administrative services only. This definition of insurer

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

11  not regulated by the Florida Insurance Code pursuant to the

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

13  93-406, as amended. However, this definition of insurer

14  includes multiple employer welfare arrangements as provided

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

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

17  without regard to covered dependents of the subscriber, shall

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

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

20  subsection to exclude from its number of covered group

21  subscribers those who have been counted by any primary insurer

22  providing health insurance coverage pursuant to s. 624.603.

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

24  31 of each year and shall include all policies and covered

25  subscribers, not including covered dependents of the

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

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

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

29  first payment shall be forwarded to the association no later

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

31  through December 31, 2001.


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    CS for SB 1210                                 First Engrossed



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

  2  the association accompanied by a form prescribed by the

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

  4  shall identify the number of covered lives for different types

  5  of health insurance products and the number of months of

  6  coverage.

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

  8  association may be charged by the health insurer directly to

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

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

11  approval. Nonpayment of the fee shall be considered nonpayment

12  of premium for purposes of s. 627.6043.

13         Section 14.  Section 627.6498, Florida Statutes, is

14  amended to read:

15         627.6498  Minimum benefits coverage; exclusions;

16  premiums; deductibles.--

17         (1)  COVERAGE OFFERED.--

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

19  renewable policy the coverage specified in this section for

20  each eligible person. For applications accepted on or after

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

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

23  1, 1992, and every 6 months thereafter.  Policies in existence

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

25  than 6 months that terminates and becomes subject to

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

27  whichever is sooner.

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

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

30  person for expenses paid by Medicare.

31


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    CS for SB 1210                                 First Engrossed



  1         (c)  Any person whose health insurance coverage is

  2  involuntarily terminated for any reason other than nonpayment

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

  4  coverage is applied for within 60 days after the involuntary

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

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

  7  of termination of the previous coverage.

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

  9  divorce of the individual in whose name the contract was

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

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

12  contract.

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

14  eligible for Medicare benefits shall be issued as a Medicare

15  supplement policy as defined in s. 627.672.

16         (2)  BENEFITS.--

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

18  person subject to limitations set by the association. The

19  coverage offered must pay an eligible person's covered

20  expenses, subject to limits on the deductible and coinsurance

21  payments authorized under subsection (4). The lifetime

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

23  policyholders of association policies issued prior to 1992 are

24  entitled to continued coverage at the benefit level

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

26  deductible, and coinsurance amounts may be modified as

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

28  medical expense coverage similar to that provided by the state

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

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

31  not eligible for Medicare. Major medical expense coverage


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    CS for SB 1210                                 First Engrossed



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

  2  expenses, subject to limits on the deductible and coinsurance

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

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

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

  6  actuarially equivalent benefit may be substituted by the

  7  board.

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

  9  person eligible for Medicare shall be separately rated to

10  reflect differences in experience reasonably expected to occur

11  as a result of Medicare payments.

12         (3)  COVERED EXPENSES.--

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

14  issued by the association.

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

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

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

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

19  The coverage to be issued by the association shall be

20  patterned after the state group health insurance program as

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

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

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

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

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

26  customary treatment.  Such coverage shall only apply to those

27  insureds who are in the case management system upon the

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

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

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

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


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    CS for SB 1210                                 First Engrossed



  1  higher amounts proposed by the board and approved by the

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

  3  insurance coverage or workers' compensation.  The schedule of

  4  premiums and deductibles shall be established by the board

  5  association. With regard to any preferred provider arrangement

  6  utilized by the association, the deductibles provided in this

  7  paragraph shall be the minimum deductibles applicable to the

  8  preferred providers and higher deductibles, as approved by the

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

10  providers.

11         1.  Separate schedules of premium rates based on age

12  may apply for individual risks.

13         2.  Rates are subject to approval by the department

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

15  this section. The board shall revise premium schedules

16  annually, beginning January 2002.

17         3.  Standard risk rates for coverages issued by the

18  association shall be established by the department, pursuant

19  to s. 627.6675(3).

20         3.4.  The board shall establish three premium schedules

21  based upon an individual's family income:

22         a.  Schedule A is applicable to an individual whose

23  family income exceeds the allowable amount for determining

24  eligibility under the Medicaid program, up to and including

25  200 percent of the Federal Poverty Level. Premiums for a

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

27  standard risk rate.

28         b.  Schedule B is applicable to an individual whose

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

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

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


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    CS for SB 1210                                 First Engrossed



  1         c.  Schedule C is applicable to an individual whose

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

  3  Federal Poverty Level. Premiums for a person under this

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

  5  establish separate premium schedules for low-risk individuals,

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

  7  revise premium schedules annually beginning January 1999.

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

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

10  adjusted for benefit differences. No rate shall exceed 200

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

12  225 percent of the standard risk rate for medium-risk

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

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

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

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

17  claims payment for individuals based upon an individual's

18  health condition.

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

20  person exceed the deductible for major medical expense

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

22  shall pay in the following manner:

23         1.  For individuals placed under case management, the

24  plan shall pay 90 percent of the additional covered costs

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

26  $10,000, after which the plan shall pay 100 percent of the

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

28         2.  For individuals utilizing the preferred provider

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

30  covered costs incurred by the person during the policy year

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


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    CS for SB 1210                                 First Engrossed



  1  percent of covered costs incurred by the person during the

  2  policy year.

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

  4  management system or the preferred provider network, the plan

  5  shall pay 60 percent of the additional covered costs incurred

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

  7  shall pay 70 percent of the additional covered costs incurred

  8  by the person during the policy year.

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

10  shall may contain provisions under which coverage is excluded

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

12  coverage with respect to a given covered individual for any

13  preexisting condition, as long as:

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

15  6 months before the effective date of coverage; or

16         (b)  Medical advice or treatment was recommended or

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

18  of coverage.

19

20  This subsection does not apply to an eligible individual as

21  defined in s. 627.6487.

22         (6)  OTHER SOURCES PRIMARY.--

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

24  other governmental program or any other insurance, or

25  self-insurance maintained in lieu of otherwise statutorily

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

27  such policy or be recognized as or towards satisfaction of

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

29  the limits of benefits available.

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

31  participant for any benefits paid to the participant which


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    CS for SB 1210                                 First Engrossed



  1  should not have been claimed or recognized as claims because

  2  of the provisions of this subsection or because otherwise not

  3  covered.

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

  5  Association Act does not provide an individual with an

  6  entitlement to health care services or health insurance. A

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

  8  or the association for failure to make health services or

  9  health insurance available under the Florida Comprehensive

10  Health Association Act.

11         Section 15.  The Legislature finds that the provisions

12  of this act fulfill an important state interest.

13         Section 16.  The amendments in this act to section

14  627.6487(3), Florida Statutes, shall not take effect unless

15  the Health Care Financing Administration of the U.S.

16  Department of Health and Human Services approves this act as

17  providing an acceptable alternative mechanism, as provided in

18  the Public Health Service Act.

19         Section 17.  Effective January 1, 2002, section

20  627.6484, Florida Statutes, is repealed.

21         Section 18.  Except as otherwise expressly provided in

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

23

24

25

26

27

28

29

30

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