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The Florida Senate

2014 Florida Statutes

Dissolution of association; termination of enrollment; availability of other coverage.
F.S. 627.6484
1627.6484 Dissolution of association; termination of enrollment; availability of other coverage.
(1) The association shall accept applications for insurance only until June 30, 1991, after which date no further applications may be accepted.
(2) Coverage for each policyholder of the association terminates at midnight, June 30, 2014, or on the date that health insurance coverage is effective with another insurer, whichever occurs first, and such terminated coverage may not be renewed.
(3) The association must provide assistance to each policyholder concerning how to obtain health insurance coverage. Such assistance must include the identification of insurers and health maintenance organizations offering coverage in the individual market, including inside and outside of the health insurance exchange established in this state pursuant to PPACA as defined in s. 627.402, a basic explanation of the levels of coverage available, and specific information relating to local and online sources from which a policyholder may obtain detailed policy and premium comparisons and directly obtain coverage.
(4) The association shall provide written notice to all policyholders by September 1, 2013, which informs each policyholder with respect to:
(a) The date that coverage with the association is terminated and that such coverage may not be renewed.
(b) The opportunity for the policyholder to obtain individual health insurance coverage on a guaranteed-issue basis, regardless of the policyholder’s health status, from any health insurer or health maintenance organization that offers coverage in the individual market, including the dates of open enrollment periods for obtaining such coverage.
(c) How to access coverage through the health insurance exchange established for this state and the potential for obtaining reduced premiums and cost-sharing provisions depending on the policyholder’s family income level.
(d) Contact information for a representative of the association who is able to provide additional information about obtaining individual health insurance coverage both inside and outside of the Health Insurance Exchange.
(5) After termination of coverage, the association must continue to receive and process timely submitted claims in accordance with the laws of this state.
(6) By March 15, 2015, the association must determine the final assessment to be collected from insurers for funding claims and administrative expenses of the association or, if surplus funds remain, determine the refund amount to be provided to each insurer based on the same pro rata formula used in determining each insurer’s assessment.
(7) By September 1, 2015, the board must:
(a) Complete performance of all program responsibilities.
(b) Sell or otherwise dispose of all physical assets of the association.
(c) Make a final accounting of the finances of the association.
(d) Transfer all records to the Department of Financial Services, which shall serve as custodian of such records.
(e) Execute a legal dissolution of the association and report such action to the Chief Financial Officer, the Insurance Commissioner, the President of the Senate, and the Speaker of the House of Representatives.
(f) Transfer any remaining funds of the association to the Chief Financial Officer for deposit in the General Revenue Fund. 496(2nd), 809(2nd), ch. 82-243; s. 79, ch. 82-386; s. 2, ch. 83-28; s. 20, ch. 89-167; ss. 3, 13, 14, ch. 90-334; s. 2, ch. 91-304; s. 4, ch. 91-429; s. 1157, ch. 2003-261; ss. 18, 20, ch. 2013-101.

A. Section 12, ch. 90-334, provides that “[i]f an [assessment] against any insurer or insurers under the Florida Comprehensive Health Association Act is determined by a court of competent jurisdiction to be unlawful or prohibited, it is the intent of the Legislature that all provisions in ss. 627.648-627.6498 relating to assessments for funding the deficit of the association that were in effect on January 1, 1990 be reenacted and reinstated.”

B. As amended by s. 2, ch. 91-304. Section 10(2) and (3), ch. 91-304, provides that:

“(2) In the event that the application of the assessment to minimum premium plans, stop-loss plans or any other specific type of insurer or health insurance is determined by a court of competent jurisdiction to be unlawful, then the assessment method specified in this act shall continue to apply to all other insurers.

“(3) The provisions of section 12 of chapter 90-335 [The reference is apparently in error. Section 12, ch. 90-335, concerns public printing; ch. 90-334 is relevant], Laws of Florida, shall continue in full force and effect, but the provisions of this section shall control to the extent of any conflict.”

C. Repealed October 1, 2015, by s. 20, ch. 2013-101.