Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 322
       
       
       
       
       
       
                                Ì135410gÎ135410                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator Rodriguez moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 54 - 134
    4  and insert:
    5         (2)(a) Beginning on the operative date, and notwithstanding
    6  s. 627.6045 or any other law to the contrary, every insurer
    7  issuing, delivering, or issuing for delivery individual health
    8  insurance policies in this state may not exclude, limit, deny,
    9  or delay coverage under such policies due to one or more
   10  preexisting medical conditions.
   11         (b) An insurer may not limit or exclude benefits under such
   12  policies, including a denial of coverage applicable to an
   13  individual as a result of information relating to an
   14  individual’s health status before the individual’s effective
   15  date of coverage, or if coverage is denied, the date of the
   16  denial.
   17         (3) This section does not apply to an insurer that issues
   18  only limited benefit, disability income, specified disease,
   19  Medicare supplement, or hospital indemnity policies in this
   20  state.
   21         Section 2. Section 627.65612, Florida Statutes, is created
   22  to read:
   23         627.65612 Limit on preexisting conditions.—
   24         (1) As used in this section, the terms “operative date” and
   25  “preexisting medical condition” have the same meanings as
   26  provided in s. 627.6046.
   27         (2)(a) Beginning on the operative date, and notwithstanding
   28  s. 627.6561 or any other law to the contrary, every insurer
   29  issuing, delivering, or issuing for delivery group health
   30  insurance policies in this state may not exclude, limit, deny,
   31  or delay coverage under such policies due to one or more
   32  preexisting medical conditions.
   33         (b) An insurer may not limit or exclude benefits under such
   34  policies, including a denial of coverage applicable to an
   35  individual as a result of information relating to an
   36  individual’s health status before the individual’s effective
   37  date of coverage, or if coverage is denied, the date of the
   38  denial.
   39         (3) This section does not apply to an insurer issuing only
   40  limited benefit, disability income, specified disease, Medicare
   41  supplement, or hospital indemnity policies in this state.
   42         Section 3. Subsection (45) is added to section 641.31,
   43  Florida Statutes, to read:
   44         641.31 Health maintenance contracts.—
   45         (45)(a) As used in this subsection, the terms “operative
   46  date” and “preexisting medical condition” have the same meanings
   47  as provided in s. 627.6046.
   48         (b) Beginning on the operative date, and notwithstanding s.
   49  641.31071 or any other law to the contrary, every health
   50  maintenance organization issuing, delivering, or issuing for
   51  delivery individual or group contracts in this state may not
   52  exclude, limit, deny, or delay coverage under such contracts due
   53  to one or more preexisting medical conditions. A health
   54  maintenance organization may not limit or exclude benefits under
   55  such contracts, including a denial of coverage applicable to an
   56  individual as a result of information relating to an
   57  individual’s health status before the individual’s effective
   58  date of coverage, or if coverage is denied, the date of the
   59  denial.
   60  
   61  ================= T I T L E  A M E N D M E N T ================
   62  And the title is amended as follows:
   63         Delete lines 6 - 30
   64  and insert:
   65         policies, respectively; prohibiting insurers, upon the
   66         occurrence of either of two specified events, from
   67         excluding, limiting, denying, or delaying coverage
   68         under such policies due to preexisting medical
   69         conditions; providing applicability; amending s.
   70         641.31, F.S.; defining the terms “operative date” and
   71         “preexisting medical condition” with respect to health
   72         maintenance contracts; prohibiting health maintenance
   73         organizations, upon the occurrence of either of two
   74         specified events, from excluding, limiting, denying,
   75         or delaying coverage under such contracts due to
   76         preexisting medical conditions; providing an effective
   77         date.