| 1 | A bill to be entitled |
| 2 | An act relating to wellness or health improvement |
| 3 | programs; amending s. 626.9541, F.S.; authorizing insurers |
| 4 | to offer rewards or incentives to health benefit plan |
| 5 | members to encourage or reward participation in wellness |
| 6 | or health improvement programs; authorizing insurers to |
| 7 | require plan members not participating in programs to |
| 8 | provide verification that their medical condition warrants |
| 9 | nonparticipation; providing application; providing an |
| 10 | effective date. |
| 11 |
|
| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
|
| 14 | Section 1. Subsection (4) is added to section 626.9541, |
| 15 | Florida Statutes, to read: |
| 16 | 626.9541 Unfair methods of competition and unfair or |
| 17 | deceptive acts or practices defined.- |
| 18 | (4) WELLNESS OR HEALTH IMPROVEMENT PROGRAMS.- |
| 19 | (a) Authorization to offer rewards or incentives for |
| 20 | participation.-An insurer issuing a group or individual health |
| 21 | benefit plan may offer a voluntary wellness or health |
| 22 | improvement program and may encourage or reward participation in |
| 23 | the program by authorizing rewards or incentives, including, but |
| 24 | not limited to, merchandise, gift cards, debit cards, premium |
| 25 | discounts or rebates, contributions to a member's health savings |
| 26 | account, or modifications to copayment, deductible, or |
| 27 | coinsurance amounts. |
| 28 | (b) Verification of medical condition by nonparticipants.- |
| 29 | An insurer may require a health benefit plan member to provide |
| 30 | verification, such as an affirming statement from the member's |
| 31 | physician, that the member's medical condition makes it |
| 32 | unreasonably difficult or inadvisable to participate in the |
| 33 | wellness or health improvement program. |
| 34 |
|
| 35 | A reward or incentive offered under this subsection is not an |
| 36 | insurance benefit or violation of this section if it is |
| 37 | disclosed in the policy or certificate. This subsection does not |
| 38 | prohibit insurers from offering other incentives or rewards for |
| 39 | adherence to a wellness or health improvement program if |
| 40 | otherwise authorized by state or federal law. |
| 41 | Section 2. This act shall take effect July 1, 2011. |