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The Florida Senate

2009 Florida Statutes

Section 627.6045, Florida Statutes 2009

627.6045  Preexisting condition.--A health insurance policy must comply with the following:

(1)  A preexisting condition provision may not exclude coverage for a period beyond 24 months following the individual's effective date of coverage and may relate only to:

(a)  Conditions that, during the 24-month period immediately preceding the effective date of coverage, had manifested themselves in such a manner as would cause an ordinarily prudent person to seek medical advice, diagnosis, care, or treatment or for which medical advice, diagnosis, care, or treatment was recommended or received; or

(b)  A pregnancy existing on the effective date of coverage.

(2)  In determining whether a preexisting condition provision applies to an eligible insured or dependent, credit must be given for the time the person was covered under previous coverage if the previous coverage was similar to or exceeded the coverage provided under the new policy and if the previous coverage was continuous to a date not more than 62 days before the effective date of the new coverage, exclusive of any applicable waiting period under the plan.

(3)  This section does not apply to short-term, nonrenewable health insurance policies of no more than a 6-month policy term, provided that it is clearly disclosed to the applicant in the advertising and application, in 10-point contrasting type, that "This policy does not meet the definition of qualifying previous coverage or qualifying existing coverage as defined in 1s. 627.6699 As a result, if purchased in lieu of a conversion policy or other group coverage, you may have to meet a preexisting condition requirement when renewing or purchasing other coverage."

(4)  This section does not apply to disability income insurance or income replacement insurance coverage.

History.--s. 1, ch. 96-223.

1Note.--Former s. 627.6699(3)(r), which defined the terms "qualifying previous coverage" and "qualifying existing coverage," was deleted by s. 15, ch. 97-179.