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. |
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12 | Be It Enacted by the Legislature of the State of Florida: |
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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. |
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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. |