Senate Bill 1800

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    Florida Senate - 1998                                  SB 1800

    By Senator Diaz-Balart





    37-1523-98

  1                      A bill to be entitled

  2         An act relating to health insurance; amending

  3         s. 222.22, F.S.; exempting moneys paid into a

  4         Medical Savings Account from attachment,

  5         garnishment, or legal process; amending s.

  6         627.6425, F.S.; specifying exceptions to

  7         guaranteed renewability of individual health

  8         insurance policies; amending s. 627.6487, F.S.,

  9         redefining the term "eligible individual" for

10         purposes of guaranteed-issuance of an

11         individual health insurance policy; amending s.

12         627.6498, F.S.; requiring the Department of

13         Insurance to establish standard risk rates for

14         purposes of determining premium rates of

15         coverage issued by the Florida Comprehensive

16         Health Association; amending s. 627.6571, F.S.;

17         specifying exceptions to guaranteed

18         renewability of group health insurance

19         policies; amending s. 627.6675, F.S.; requiring

20         the Department of Insurance to annually

21         establish standard risk rates for purposes of

22         determining maximum premiums for conversion

23         policies; revising standards for renewal of

24         converted insurance policies; requiring the

25         insurer to mail certain information to a person

26         eligible for a converted policy, upon request;

27         creating s. 627.6685, F.S.; requiring health

28         insurers and health maintenance organizations

29         to include in their plans that offer mental

30         health coverage certain mental health benefits

31         that are not less favorable than those for

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  1         medical or surgical benefits covered by the

  2         plan; defining terms; providing exemptions;

  3         limiting applicability of this section;

  4         amending s. 627.674, F.S.; revising the minimum

  5         standards for Medicare Supplement policies;

  6         amending s. 627.6741, F.S.; revising

  7         requirements for insurers to issue, cancel,

  8         nonrenew, and replace Medicare supplement

  9         policies; restricting preexisting-condition

10         exclusions; authorizing the Department of

11         Insurance to adopt rules governing guaranteed

12         issue of Medicare supplement coverage for

13         continuously covered individuals; amending s.

14         627.9403, F.S.; specifying the provisions of

15         the Long-term Care Insurance Act that apply to

16         limited benefit policies; amending s. 627.9404,

17         F.S.; defining the term "limited benefit

18         policy"; amending s. 627.9407, F.S.; revising

19         the requirements for exclusion of coverage for

20         preexisting conditions for long-term care

21         policies; requiring limited-benefit policies to

22         contain a disclosure statement regarding their

23         qualification for favorable tax treatment;

24         amending s. 627.94073, F.S.; revising the

25         notice requirement for long-term care policies

26         regarding the right to designate a secondary

27         person to receive notice of lapse of coverage;

28         amending s. 641.31074, F.S.; revising

29         requirements for guaranteed renewability of a

30         health maintenance organization contract;

31         amending s. 641.3111, F.S.; requiring health

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  1         maintenance organization contracts to provide

  2         for an extension of benefits upon termination

  3         of the contract; amending s. 641.3922, F.S.;

  4         revising the method for establishing the

  5         maximum premium for converted contracts issued

  6         by health maintenance organizations; revising

  7         the exceptions to guaranteed renewability of

  8         converted health maintenance organization

  9         contracts; requiring a health maintenance

10         organization to mail certain information to a

11         person eligible for a converted contract;

12         amending s. 641.495, F.S.; exempting from

13         licensure under part I of ch. 395, F.S.,

14         certain beds of a health maintenance

15         organization; providing an effective date.

16

17  Be It Enacted by the Legislature of the State of Florida:

18

19         Section 1.  Section 222.22, Florida Statutes, is

20  amended to read:

21         222.22  Exemption of moneys in the Prepaid

22  Postsecondary Education Expense Trust Fund and in a Medical

23  Savings Account from legal process.--

24         (1)  Moneys paid into or out of the Prepaid

25  Postsecondary Education Expense Trust Fund by or on behalf of

26  a purchaser or qualified beneficiary pursuant to an advance

27  payment contract made under s. 240.551, which contract has not

28  been terminated, are not liable to attachment, garnishment, or

29  legal process in the state in favor of any creditor of the

30  purchaser or beneficiary of such advance payment contract.

31

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  1         (2)  Moneys paid into or out of a Medical Savings

  2  Account by or on behalf of a person depositing money into such

  3  account or a qualified beneficiary are not liable to

  4  attachment, garnishment, or legal process in the state in

  5  favor of any creditor of such person or beneficiary of such

  6  Medical Savings Account.

  7         Section 2.  Paragraph (a) of subsection (3) of section

  8  627.6425, Florida Statutes, is amended to read:

  9         627.6425  Renewability of individual coverage.--

10         (3)(a)  In any case in which an insurer decides to

11  discontinue offering a particular policy form for health

12  insurance coverage offered in the individual market, coverage

13  under such form may be discontinued by the insurer only if:

14         1.  The insurer provides notice to each covered

15  individual provided coverage under this policy form in the

16  individual market of such discontinuation at least 90 days

17  prior to the date of the nonrenewal discontinuation of such

18  coverage;

19         2.  The insurer offers to each individual in the

20  individual market provided coverage under this policy form the

21  option to purchase any other individual health insurance

22  coverage currently being offered by the insurer for

23  individuals in such market in the state; and

24         3.  In exercising the option to discontinue coverage of

25  this policy form and in offering the option of coverage under

26  subparagraph 2., the insurer acts uniformly without regard to

27  any health-status-related factor of enrolled individuals or

28  individuals who may become eligible for such coverage.

29         Section 3.  Subsection (3) of section 627.6487, Florida

30  Statutes, is amended to read:

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  1         627.6487  Guaranteed availability of individual health

  2  insurance coverage to eligible individuals.--

  3         (3)  For the purposes of this section, the term

  4  "eligible individual" means an individual:

  5         (a)1.  For whom, as of the date on which the individual

  6  seeks coverage under this section, the aggregate of the

  7  periods of creditable coverage, as defined in s. 627.6561(5)

  8  and (6), is 18 or more months; and

  9         2.  Whose most recent prior creditable coverage was

10  under a group health plan, governmental plan, or church plan,

11  or health insurance coverage offered in connection with any

12  such plan;

13         (b)  Who is not eligible for coverage under:

14         1.  A group health plan, as defined in s. 2791 of the

15  Public Health Service Act;

16         2.  A conversion policy under s. 627.6675 or s.

17  641.3921;

18         3.  Part A or part B of Title XVIII of the Social

19  Security Act; or

20         4.  A state plan under Title XIX of such act, or any

21  successor program, and does not have other health insurance

22  coverage;

23         (c)  With respect to whom the most recent coverage

24  within the coverage period described in paragraph (1)(a) was

25  not terminated based on a factor described in s.

26  627.6571(2)(a) or (b), relating to nonpayment of premiums or

27  fraud, unless such nonpayment of premiums or fraud was due to

28  acts of an employer or person other than the individual;

29         (d)  Who, having been offered the option of

30  continuation coverage under a COBRA continuation provision or

31  under s. 627.6692, elected such coverage; and

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  1         (e)  Who, if the individual elected such continuation

  2  provision, has exhausted such continuation coverage under such

  3  provision or program.

  4         Section 4.  Paragraph (a) of subsection (4) of section

  5  627.6498, Florida Statutes, is amended to read:

  6         627.6498  Minimum benefits coverage; exclusions;

  7  premiums; deductibles.--

  8         (4)  PREMIUMS, DEDUCTIBLES, AND COINSURANCE.--

  9         (a)  The plan shall provide for annual deductibles for

10  major medical expense coverage in the amount of $1,000 or any

11  higher amounts proposed by the board and approved by the

12  department, plus the benefits payable under any other type of

13  insurance coverage or workers' compensation.  The schedule of

14  premiums and deductibles shall be established by the

15  association. With regard to any preferred provider arrangement

16  utilized by the association, the deductibles provided in this

17  paragraph shall be the minimum deductibles applicable to the

18  preferred providers and higher deductibles, as approved by the

19  department, may be applied to providers who are not preferred

20  providers.

21         1.  Separate schedules of premium rates based on age

22  may apply for individual risks.

23         2.  Rates are subject to approval by the department.

24         3.  Standard risk rates for coverages issued by the

25  association shall be established by the department, pursuant

26  to s. 627.6675(3) association, subject to approval by the

27  department, using reasonable actuarial techniques, and shall

28  reflect anticipated experience and expenses of such coverages

29  for standard risks.

30         4.  The board shall establish separate premium

31  schedules for low-risk individuals, medium-risk individuals,

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  1  and high-risk individuals and shall revise premium schedules

  2  pursuant to this section for each 6-month policy period

  3  beginning January 1999 1992. For the calendar year 1991 and

  4  thereafter, No rate shall exceed 200 percent of the standard

  5  risk rate for low-risk individuals, 225 percent of the

  6  standard risk rate for medium-risk individuals, or 250 percent

  7  of the standard risk rate for high-risk individuals. For the

  8  purpose of determining what constitutes a low-risk individual,

  9  medium-risk individual, or high-risk individual, the board

10  shall consider the anticipated claims payment for individuals

11  based upon an individual's health condition.

12         Section 5.  Paragraphs (a) and (b) of subsection (3) of

13  section 627.6571, Florida Statutes, are amended to read:

14         627.6571  Guaranteed renewability of coverage.--

15         (3)(a)  An insurer may discontinue offering a

16  particular policy form of group health insurance coverage

17  offered in the small-group market or large-group market only

18  if:

19         1.  The insurer provides notice to each policyholder

20  provided coverage of this form in such market, and to

21  participants and beneficiaries covered under such coverage, of

22  such discontinuation at least 90 days prior to the date of the

23  nonrenewal discontinuation of such coverage;

24         2.  The insurer offers to each policyholder provided

25  coverage of this form in such market the option to purchase

26  all, or in the case of the large-group market, any other

27  health insurance coverage currently being offered by the

28  insurer in such market; and

29         3.  In exercising the option to discontinue coverage of

30  this form and in offering the option of coverage under

31  subparagraph 2., the insurer acts uniformly without regard to

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  1  the claims experience of those policyholders or any

  2  health-status-related factor that relates to any participants

  3  or beneficiaries covered or new participants or beneficiaries

  4  who may become eligible for such coverage.

  5         (b)1.  In any case in which an insurer elects to

  6  discontinue offering all health insurance coverage in the

  7  small-group market or the large-group market, or both, in this

  8  state, health insurance coverage may be discontinued by the

  9  insurer only if:

10         a.  The insurer provides notice to the department and

11  to each policyholder, and participants and beneficiaries

12  covered under such coverage, of such discontinuation at least

13  180 days prior to the date of the discontinuation of such

14  coverage; and

15         b.  All health insurance issued or delivered for

16  issuance in this state in such market markets is discontinued

17  and coverage under such health insurance coverage in such

18  market is not renewed.

19         2.  In the case of a discontinuation under subparagraph

20  1. in a market, the insurer may not provide for the issuance

21  of any health insurance coverage in the market in this state

22  during the 5-year period beginning on the date of the

23  discontinuation of the last insurance coverage not renewed.

24         Section 6.  Subsection (3), paragraph (b) of subsection

25  (7), and subsection (17) of section 627.6675, Florida

26  Statutes, are amended to read:

27         627.6675  Conversion on termination of

28  eligibility.--Subject to all of the provisions of this

29  section, a group policy delivered or issued for delivery in

30  this state by an insurer or nonprofit health care services

31  plan that provides, on an expense-incurred basis, hospital,

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  1  surgical, or major medical expense insurance, or any

  2  combination of these coverages, shall provide that an employee

  3  or member whose insurance under the group policy has been

  4  terminated for any reason, including discontinuance of the

  5  group policy in its entirety or with respect to an insured

  6  class, and who has been continuously insured under the group

  7  policy, and under any group policy providing similar benefits

  8  that the terminated group policy replaced, for at least 3

  9  months immediately prior to termination, shall be entitled to

10  have issued to him or her by the insurer a policy or

11  certificate of health insurance, referred to in this section

12  as a "converted policy."  An employee or member shall not be

13  entitled to a converted policy if termination of his or her

14  insurance under the group policy occurred because he or she

15  failed to pay any required contribution, or because any

16  discontinued group coverage was replaced by similar group

17  coverage within 31 days after discontinuance.

18         (3)  CONVERSION PREMIUM; EFFECT ON PREMIUM RATES FOR

19  GROUP COVERAGE.--

20         (a)  The premium for the converted policy shall be

21  determined in accordance with premium rates applicable to the

22  age and class of risk of each person to be covered under the

23  converted policy and to the type and amount of insurance

24  provided.  However, the premium for the converted policy may

25  not exceed 200 percent of the standard risk rate as

26  established by the department, pursuant to this subsection

27  Florida Comprehensive Health Association, adjusted for

28  differences in benefit levels and structure between the

29  converted policy and the policy offered by the Florida

30  Comprehensive Health Association.

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  1         (b)  Actual or expected experience under converted

  2  policies may be combined with such experience under group

  3  policies for the purposes of determining premium and loss

  4  experience and establishing premium rate levels for group

  5  coverage.

  6         (c)  The department shall annually determine standard

  7  risk rates, using reasonable actuarial techniques and

  8  standards adopted by the department by rule. The standard risk

  9  rates must be determined as follows:

10         1.  Standard risk rates for individual coverage must be

11  determined separately for indemnity policies, preferred

12  provider/exclusive provider policies, and health maintenance

13  organization contracts.

14         2.  The department shall survey insurers and health

15  maintenance organizations representing at least an 80 percent

16  market share, based on premiums earned in the state for the

17  most recent calendar year, for each of the categories

18  specified in subparagraph 1.

19         3.  Standard risk rate schedules must be determined,

20  computed as the average rates charged by the carriers

21  surveyed, giving appropriate weight to each carrier's

22  statewide market share of earned premiums.

23         4.  The rate schedule shall be determined from analysis

24  of the one county with the largest market share in the state

25  of all such carriers.

26         5.  The rate for other counties must be determined by

27  using the weighted average of each carrier's county factor

28  relationship to the county determined in subparagraph 4.

29         6.  The rate schedule must be determined for different

30  age brackets and family-size brackets.

31         (7)  INFORMATION REQUESTED BY INSURER.--

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  1         (b)  The converted policy may provide that the insurer

  2  may refuse to renew the policy or the coverage of any person

  3  only for one or more of the following reasons:

  4         1.  Either the benefits provided under the sources

  5  referred to in subparagraphs (a)1. and 2. for the person or

  6  the benefits provided or available under the sources referred

  7  to in subparagraph (a)3. for the person, together with the

  8  benefits provided by the converted policy, would result in

  9  overinsurance according to the insurer's standards on file

10  with the department.

11         2.  The converted policyholder fails to provide the

12  information requested pursuant to paragraph (a).

13         3.  Fraud or intentional material misrepresentation in

14  applying for any benefits under the converted policy.

15         4.  Eligibility of the insured person for coverage

16  under Medicare or under any other state or federal law

17  providing for benefits similar to those provided by the

18  converted policy.

19         4.5.  Other reasons approved by the department.

20         (17)  NOTIFICATION.--A notification of the conversion

21  privilege shall be included in each certificate of coverage.

22  The insurer shall mail an election and premium notice form,

23  including an outline of coverage, on a form approved by the

24  department, within 14 days after an individual who is eligible

25  for a converted policy gives notice to the insurer that the

26  individual is considering applying for the converted policy or

27  otherwise requests such information. The outline  of coverage

28  must contain a description of the principal benefits and

29  coverage provided by the policy and its principal exclusions

30  and limitations, including, but not limited to, deductibles

31  and coinsurance.

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  1         Section 7.  Section 627.6685, Florida Statutes, is

  2  created to read:

  3         627.6685  Mental health coverage.--

  4         (1)  DEFINITIONS.--As used in this section, the term:

  5         (a)  "Aggregate lifetime limit" means, with respect to

  6  benefits under a group health plan or health insurance

  7  coverage, a dollar limitation on the total amount that may be

  8  paid with respect to such benefits under the plan or health

  9  insurance coverage with respect to an individual or other

10  coverage unit.

11         (b)  "Annual limit" means, with respect to benefits

12  under a group health plan or health insurance coverage, a

13  dollar limitation on the total amount of benefits that may be

14  paid with respect to such benefits in a 12-month period under

15  the plan or health insurance coverage with respect to an

16  individual or other coverage unit.

17         (c)  "Medical or surgical benefits" means benefits with

18  respect to medical or surgical services, as defined under the

19  terms of the plan or coverage, but does not include mental

20  health benefits.

21         (d)  "Mental health benefits" means benefits with

22  respect to mental health services, as defined under the terms

23  of the plan or coverage, but does not include benefits with

24  respect to treatment of substance abuse or chemical

25  dependency.

26         (e)  "Health insurance coverage" means coverage

27  provided by an authorized insurer or by a health maintenance

28  organization.

29         (2)  BENEFITS.--

30         (a)1.  In the case of a group health plan, or health

31  insurance coverage offered in connection with such a plan,

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  1  which provides both medical and surgical benefits and mental

  2  health benefits:

  3         a.  If the plan or coverage does not include an

  4  aggregate lifetime limit on substantially all medical and

  5  surgical benefits, the plan or coverage may not impose any

  6  aggregate lifetime limit on mental health benefits.

  7         b.  If the plan or coverage includes an aggregate

  8  lifetime limit on substantially all medical and surgical

  9  benefits, the plan or coverage must:

10         (I)  Apply that applicable lifetime limit both to the

11  medical and surgical benefits to which it otherwise would

12  apply and to mental health benefits and not distinguish in the

13  application of such limit between such medical and surgical

14  benefits and mental health benefits; or

15         (II)  Not include any aggregate lifetime limit on

16  mental health benefits which is less than that applicable

17  lifetime limit.

18         c.  For any plan or coverage that is not described in

19  sub-subparagraph a. or sub-subparagraph b. and that includes

20  no or different aggregate lifetime limits on different

21  categories of medical and surgical benefits, the department

22  shall establish rules under which sub-subparagraph b. is

23  applied to such plan or coverage with respect to mental health

24  benefits by substituting for the applicable lifetime limit an

25  average aggregate lifetime limit that is computed taking into

26  account the weighted average of the aggregate lifetime limits

27  applicable to such categories.

28         2.  In the case of a group health plan, or health

29  insurance coverage offered in connection with such a plan,

30  which provides both medical and surgical benefits and mental

31  health benefits:

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  1         a.  If the plan or coverage does not include an annual

  2  limit on substantially all medical and surgical benefits, the

  3  plan or coverage may not impose any annual limit on mental

  4  health benefits.

  5         b.  If the plan or coverage includes an annual limit on

  6  substantially all medical and surgical benefits, the plan or

  7  coverage must:

  8         (I)  Apply that applicable annual limit both to medical

  9  and surgical benefits to which it otherwise would apply and to

10  mental health benefits and not distinguish in the application

11  of such limit between such medical and surgical benefits and

12  mental health benefits; or

13         (II)  Not include any annual limit on mental health

14  benefits which is less than the applicable annual limit.

15         c.  For any plan or coverage that is not described in

16  sub-subparagraph a. or sub-subparagraph b. and that includes

17  no or different annual limits on different categories of

18  medical and surgical benefits, the department shall establish

19  rules under which sub-subparagraph b. is applied to such plan

20  or coverage with respect to mental health benefits by

21  substituting for the applicable annual limit an average annual

22  limit that is computed taking into account the weighted

23  average of the annual limits applicable to such categories.

24         (b)  This section may not be construed:

25         1.  As requiring a group health plan, or health

26  insurance coverage offered in connection with such a plan, to

27  provide any mental health benefits; or

28         2.  In the case of a group health plan, or health

29  insurance coverage offered in connection with such a plan,

30  which provides mental health benefits, as affecting the terms

31  and conditions, including cost-sharing, limits on numbers of

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  1  visits or days of coverage, and requirements relating to

  2  medical necessity, relating to the amount, duration, or scope

  3  of mental health benefits under the plan or coverage, except

  4  as specifically provided in paragraph (a) with respect to

  5  parity in the imposition of aggregate lifetime limits and

  6  annual limits for mental health benefits.

  7         (3)  EXEMPTIONS.--

  8         (a)  This section does not apply to any group health

  9  plan, or group health insurance coverage offered in connection

10  with a group health plan, for any plan year of a small

11  employer as defined in s. 627.6699.

12         (b)  This section does not apply with respect to a

13  group health plan, or health insurance coverage offered in

14  connection with a group health plan, if the application of

15  this section to such plan or coverage results in an increase

16  in the cost under the plan or for such coverage of at least 1

17  percent.

18         (4)  SEPARATE APPLICATION TO EACH OPTION OFFERED.--For

19  any group health plan that offers a participant or beneficiary

20  two or more benefit-package options under the plan, the

21  requirements of this section apply separately with respect to

22  each such option.

23         (5)  DURATION.--This section does not apply to benefits

24  for services furnished on or after September 30, 2001.

25         (6)  The provisions of this section prevail over any

26  conflicting provision of s. 627.668 occurs.

27         Section 8.  Paragraphs (a) and (d) of subsection (2)

28  and subsection (3) of section 627.674, Florida Statutes, are

29  amended to read:

30         627.674  Minimum standards; filing requirements.--

31

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  1         (2)(a)  The department must adopt rules establishing

  2  minimum standards for Medicare supplement policies that, taken

  3  together with the requirements of this part, are no less

  4  comprehensive or beneficial to persons insured or covered

  5  under Medicare supplement policies issued, delivered, or

  6  issued for delivery in this state, including certificates

  7  under group or blanket policies issued, delivered, or issued

  8  for delivery in this state, than the standards provided in 42

  9  U.S.C. Section 1395ss, or the most recent version of the NAIC

10  Model Regulation To Implement the NAIC Medicare Supplement

11  Insurance Minimum Standards Model Act adopted by the National

12  Association of Insurance Commissioners on July 31, 1991, or

13  the Omnibus Budget Reconciliation Act of 1990 (Pub. L. No.

14  101-508).

15         (d)  For policies issued on or after January 1, 1991,

16  the department may adopt rules to establish minimum policy

17  standards to authorize the types of policies specified by 42

18  U.S.C. Section 1395ss(p)(2)(c) and any optional benefits to

19  facilitate policy comparisons.

20         (3)  A policy may not be filed with the department as a

21  Medicare supplement policy unless the policy meets or exceeds,

22  either in a single policy or, in the case of nonprofit health

23  care services plans, in one or more policies issued in

24  conjunction with one another, the requirements of 42 U.S.C.

25  Section 1395ss, or the most recent version of the NAIC

26  Medicare Supplement Insurance Minimum Standards Model Act,

27  adopted by the National Association of Insurance Commissioners

28  on July 31, 1991, and the Omnibus Budget Reconciliation Act of

29  1990 (Pub. L. No. 101-508).

30         Section 9.  Section 627.6741, Florida Statutes, is

31  amended to read:

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  1         627.6741  Issuance, cancellation, nonrenewal, and

  2  replacement.--

  3         (1)  An insurer issuing Medicare supplement policies in

  4  this state shall offer the opportunity of enrolling in a

  5  Medicare supplement policy, without conditioning the issuance

  6  or effectiveness of the policy on, and without discriminating

  7  in the price of the policy based on, the medical or health

  8  status or receipt of health care by the individual:

  9         (a)  To any individual who is 65 years of age or older

10  and who resides in this state, upon the request of the

11  individual during the 6-month period beginning with the first

12  month in which the individual has attained 65 years of age and

13  is enrolled in Medicare part B; or

14         (b)  To any individual who is 65 years of age or older

15  and is enrolled in Medicare part B, who resides in this state,

16  upon the request of the individual during the 2-month period

17  following termination of coverage under a group health

18  insurance policy.;

19

20  A Medicare supplement policy issued to an individual under

21  paragraph (a) or paragraph (b) may not exclude benefits based

22  on a pre-existing condition if the individual has a continuous

23  period of creditable coverage, as defined in s. 627.6561(5),

24  of at least 6 months as of the date of application for

25  coverage.

26

27  the opportunity of enrolling in a Medicare supplement policy,

28  without conditioning the issuance or effectiveness of the

29  policy on, and without discriminating in the price of the

30  policy based on, the medical or health status or receipt of

31  health care by the individual.

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  1         (2)  For both individual and group Medicare supplement

  2  policies:

  3         (a)  An insurer shall neither cancel nor nonrenew a

  4  Medicare supplement policy or certificate for any reason other

  5  than nonpayment of premium or material misrepresentation.

  6         (b)  If it is not replacing an existing policy, a

  7  Medicare supplement policy shall not limit or preclude

  8  liability under the policy for a period longer than 6 months

  9  because of a health condition existing before the policy is

10  effective.  The policy may not define a preexisting condition

11  more restrictively than a condition for which medical advice

12  was given or treatment was recommended by or received from a

13  physician within 6 months before the effective date of

14  coverage.

15         (c)  If a Medicare supplement policy or certificate

16  replaces another Medicare supplement policy or certificate or

17  creditable coverage as defined in s. 627.6561(5) a group

18  health insurance policy or certificate, the replacing insurer

19  shall waive any time periods applicable to preexisting

20  conditions, waiting periods, elimination periods, and

21  probationary periods in the new Medicare supplement policy for

22  similar benefits to the extent such time was spent under the

23  original policy, subject to the requirements of s.

24  627.6561(6)-(11).

25         (3)  For group Medicare supplement policies:

26         (a)  If a group Medicare supplement insurance policy is

27  terminated by the group policyholder and not replaced as

28  provided in paragraph (c), the insurer shall offer

29  certificateholders an individual Medicare supplement policy.

30  The insurer shall offer the certificateholder at least the

31  following choices:

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  1         1.  An individual Medicare supplement policy that

  2  provides for continuation of the benefits contained in the

  3  group policy.

  4         2.  An individual Medicare supplement policy that

  5  provides only the benefits required to meet the minimum

  6  standards.

  7         (b)  If membership in a group is terminated, the

  8  insurer shall:

  9         1.  Offer the certificateholder conversion

10  opportunities specified in paragraph (a); or

11         2.  At the option of the group policyholder, offer the

12  certificateholder continuation of coverage under the group

13  policy.

14         (c)  If a group Medicare supplement policy is replaced

15  by another group Medicare supplement policy purchased by the

16  same policyholder, the succeeding insurer shall offer coverage

17  to all persons covered under the old group policy on its date

18  of termination.  Coverage under the new group policy may not

19  result in any exclusion for preexisting conditions that would

20  have been covered under the group policy being replaced.

21         (4)  If a policy is canceled, the insurer must return

22  promptly the unearned portion of any premium paid.  If the

23  insured cancels the policy, the earned premium shall be

24  computed by the use of the short-rate table last filed with

25  the state official having supervision of insurance in the

26  state where the insured resided when the policy was issued.

27  If the insurer cancels, the earned premium shall be computed

28  pro rata.  Cancellation shall be without prejudice to any

29  claim originating prior to the effective date of the

30  cancellation.

31

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  1         (5)  The department shall by rule prescribe standards

  2  relating to the guaranteed issue of coverage, without

  3  exclusions for preexisting conditions, for continuously

  4  covered individuals consistent with the provisions of 42

  5  U.S.C. Section 1395ss(s)(3).

  6         Section 10.  Section 627.9403, Florida Statutes, is

  7  amended to read:

  8         627.9403  Scope.--The provisions of this part shall

  9  apply to long-term care insurance policies delivered or issued

10  for delivery in this state, and to policies delivered or

11  issued for delivery outside this state to the extent provided

12  in s. 627.9406, by an insurer, a fraternal benefit society as

13  defined in s. 632.601, a health care services plan as defined

14  in s. 641.01, a health maintenance organization as defined in

15  s. 641.19, a prepaid health clinic as defined in s. 641.402,

16  or a multiple-employer welfare arrangement as defined in s.

17  624.437. A policy which is advertised, marketed, or offered as

18  a long-term care policy and as a Medicare supplement policy

19  shall meet the requirements of this part and the requirements

20  of ss. 627.671-627.675 and, to the extent of a conflict, be

21  subject to the requirement that is more favorable to the

22  policyholder or certificateholder.  The provisions of this

23  part shall not apply to a continuing care contract issued

24  pursuant to chapter 651 and shall not apply to guaranteed

25  renewable policies issued prior to October 1, 1988.  Any

26  limited benefit policy that limits coverage to care in a

27  nursing home or to one or more lower levels of care required

28  or authorized to be provided by this part or by department

29  rule must meet all requirements of this part that apply to

30  long-term care insurance policies, except s. 627.9407(3)(c),

31  (9), (10)(f), and (12), and s. 627.94073(2) s. 627.9407(3)(c)

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  1  and (9).  If the limited benefit policy does not provide

  2  coverage for care in a nursing home, but does provide coverage

  3  for one or more lower levels of care, the policy shall also be

  4  exempt from the requirements of s. 627.9407(3)(d).

  5         Section 11.  Subsection (1) of section 627.9404,

  6  Florida Statutes, is amended, present subsections (7), (8),

  7  (9), and (10) of that section are renumbered as subsections

  8  (8), (9), (10), and (11), respectively, and a new subsection

  9  (7) is added to that section, to read:

10         627.9404  Definitions.--For the purposes of this part:

11         (1)  "Long-term care insurance policy" means any

12  insurance policy or rider advertised, marketed, offered, or

13  designed to provide coverage on an expense-incurred,

14  indemnity, prepaid, or other basis for one or more necessary

15  or medically necessary diagnostic, preventive, therapeutic,

16  curing, treating, mitigating, rehabilitative, maintenance, or

17  personal care services provided in a setting other than an

18  acute care unit of a hospital. Long-term care insurance shall

19  not include any insurance policy which is offered primarily to

20  provide basic Medicare supplement coverage, basic hospital

21  expense coverage, basic medical-surgical expense coverage,

22  hospital confinement indemnity coverage, major medical expense

23  coverage, disability income protection coverage, accident only

24  coverage, specified disease or specified accident coverage, or

25  limited benefit health coverage.

26         (7)  "Limited benefit policy" means any policy that

27  limits coverage to care in a nursing home or to one or more

28  lower levels of care required or authorized to be provided by

29  this part or by department rule.

30

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  1         Section 12.  Paragraph (a) of subsection (4) of section

  2  627.9407, Florida Statutes, is amended, and subsection (13) is

  3  added to that section, to read:

  4         627.9407  Disclosure, advertising, and performance

  5  standards for long-term care insurance.--

  6         (4)  PREEXISTING CONDITION.--

  7         (a)  A long-term care insurance policy or certificate,

  8  other than a policy or certificate issued to a group referred

  9  to in s. 627.9405(1)(a), may not use a definition of

10  "preexisting condition" which is more restrictive than the

11  following: "Preexisting condition" means the existence of

12  symptoms which would cause an ordinarily prudent person to

13  seek diagnosis, care, or treatment, or a condition for which

14  medical advice or treatment was recommended by or received

15  from a provider of health care services within 6 months

16  preceding the effective date of coverage of an insured person.

17         (13)  ADDITIONAL DISCLOSURE.--A limited benefit policy

18  qualified under s. 7702B of the Internal Revenue Code must

19  include a disclosure statement within the policy and within

20  the outline of coverage that the policy is intended to be a

21  qualified limited benefit insurance contract. A limited

22  benefit policy that is not intended to be a qualified limited

23  benefit insurance contract must include a disclosure statement

24  within the policy and within the outline of coverage that the

25  policy is not intended to be a qualified limited benefit

26  insurance contract. The disclosure must be prominently

27  displayed and must read as follows: "This limited benefit

28  insurance policy is not intended to be a qualified limited

29  benefit insurance contract. You need to be aware that benefits

30  received under this policy may create unintended, adverse

31  income tax consequences to you. You may want to consult with a

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  1  knowledgeable individual about such potential income tax

  2  consequences."

  3         Section 13.  Subsection (2) of section 627.94073,

  4  Florida Statutes, is amended to read:

  5         627.94073  Notice of cancellation; grace period.--

  6         (2)  A long-term care policy may not be canceled for

  7  nonpayment of premium unless, after expiration of the grace

  8  period in subsection (1), and at least 30 days prior to the

  9  effective date of such cancellation, the insurer has mailed a

10  notification of possible lapse in coverage to the policyholder

11  and to a specified secondary addressee if such addressee has

12  been designated in writing by name and address by the

13  policyholder.  For policies issued or renewed on or after

14  October 1, 1996, the insurer shall notify the policyholder, at

15  least once every 2 years, of the right to designate a

16  secondary addressee. The applicant has the right to designate

17  at least one person who is to receive the notice of

18  termination, in addition to the insured. Designation shall not

19  constitute acceptance of any liability on the third party for

20  services provided to the insured. The form used for the

21  written designation must provide space clearly designated for

22  listing at least one person. The designation shall include

23  each person's full name and home address. In the case of an

24  applicant who elects not to designate an additional person,

25  the waiver shall state: "Protection against unintended

26  lapse.--I understand that I have the right to designate at

27  least one person other than myself to receive notice of lapse

28  or termination of this long-term care/limited benefit

29  long-term care insurance policy for nonpayment of premium. I

30  understand that notice will not be given until 30 days after a

31  premium is due and unpaid. I elect NOT to designate any person

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  1  to receive such notice." Notice shall be given by first class

  2  United States mail, postage prepaid, and notice may not be

  3  given until 30 days after a premium is due and unpaid. Notice

  4  shall be deemed to have been given as of 5 days after the date

  5  of mailing.

  6         Section 14.  Paragraph (d) of subsection (2), and

  7  paragraphs (a) and (b) of subsection (3) of section 641.31074,

  8  Florida Statutes, are amended to read:

  9         641.31074  Guaranteed renewability of coverage.--

10         (2)  A health maintenance organization may nonrenew or

11  discontinue a contract based only on one or more of the

12  following conditions:

13         (d)  The health maintenance organization is ceasing to

14  offer coverage in such a market in accordance with subsection

15  (3) and applicable state law.

16         (3)(a)  A health maintenance organization may

17  discontinue offering a particular contract form for group

18  coverage offered in the small group market or large group

19  market only if:

20         1.  The health maintenance organization provides notice

21  to each contract holder provided coverage of this form in such

22  market, and participants and beneficiaries covered under such

23  coverage, of such discontinuation at least 90 days prior to

24  the date of the nonrenewal discontinuation of such coverage;

25         2.  The health maintenance organization offers to each

26  contract holder provided coverage of this form in such market

27  the option to purchase all, or in the case of the large-group

28  market, any other health insurance coverage currently being

29  offered by the health maintenance organization in such market;

30  and

31

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  1         3.  In exercising the option to discontinue coverage of

  2  this form and in offering the option of coverage under

  3  subparagraph 2., the health maintenance organization acts

  4  uniformly without regard to the claims experience of those

  5  contract holders or any health-status-related factor that

  6  relates to any participants or beneficiaries covered or new

  7  participants or beneficiaries who may become eligible for such

  8  coverage.

  9         (b)1.  In any case in which a health maintenance

10  organization elects to discontinue offering all coverage in

11  the small group market or the large group market, or both, in

12  this state, coverage may be discontinued by the insurer only

13  if:

14         a.  The health maintenance organization provides notice

15  to the department and to each contract holder, and

16  participants and beneficiaries covered under such coverage, of

17  such discontinuation at least 180 days prior to the date of

18  the discontinuation of such coverage; and

19         b.  All health insurance issued or delivered for

20  issuance in this state in such market is markets are

21  discontinued and coverage under such health insurance coverage

22  in such market is not renewed.

23         2.  In the case of a discontinuation under subparagraph

24  1. in a market, the health maintenance organization may not

25  provide for the issuance of any health maintenance

26  organization contract coverage in the market in this state

27  during the 5-year period beginning on the date of the

28  discontinuation of the last insurance contract not renewed.

29         Section 15.  Section 641.3111, Florida Statutes, is

30  amended to read:

31         641.3111  Extension of benefits.--

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  1         (1)  Every group health maintenance contract shall

  2  provide that termination of the contract by the health

  3  maintenance organization shall be without prejudice to any

  4  continuous loss which commenced while the contract was in

  5  force, but any extension of benefits beyond the period the

  6  contract was in force may be predicated upon the continuous

  7  total disability of the subscriber and may be limited to

  8  payment for the treatment of a specific accident or illness

  9  incurred while the subscriber was a member. Such extension of

10  benefits may be limited to the occurrence of the earliest of

11  the following events:

12         (a)  The expiration of 12 months.

13         (b)  Such time as the member is no longer totally

14  disabled.

15         (c)  A succeeding carrier elects to provide replacement

16  coverage without limitation as to the disability condition.

17         (d)  The maximum benefits payable under the contract

18  have been paid.

19         (2)  For the purposes of this section, an individual is

20  totally disabled if the individual has a condition resulting

21  from an illness or injury which prevents an individual from

22  engaging in any employment or occupation for which the

23  individual is or may become qualified by reason of education,

24  training, or experience, and the individual is under the

25  regular care of a physician.

26         (3)  In the case of maternity coverage, when not

27  covered by the succeeding carrier, a reasonable extension of

28  benefits or accrued liability provision is required, which

29  provision provides for continuation of the contract benefits

30  in connection with maternity expenses for a pregnancy that

31  commenced while the policy was in effect.  The extension shall

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  1  be for the period of that pregnancy and shall not be based

  2  upon total disability.

  3         (4)  Except as provided in subsection (1), no

  4  subscriber is entitled to an extension of benefits if the

  5  termination of the contract by the health maintenance

  6  organization is based upon any event referred to in s.

  7  641.3922(7)(a)-(g).

  8         Section 16.  Subsections (3), (7), and (14) of section

  9  641.3922, Florida Statutes, are amended to read:

10         641.3922  Conversion contracts; conditions.--Issuance

11  of a converted contract shall be subject to the following

12  conditions:

13         (3)  CONVERSION PREMIUM.--The premium for the converted

14  contract shall be determined in accordance with premium rates

15  applicable to the age and class of risk of each person to be

16  covered under the converted contract and to the type and

17  amount of coverage provided. However, the premium for the

18  converted contract may not exceed 200 percent of the standard

19  risk rate, as established by the department under s.

20  627.6675(3) Florida Comprehensive Health Association and

21  adjusted for differences in benefit levels and structure

22  between the converted policy and the policy offered by the

23  Florida Comprehensive Health Association. The mode of payment

24  for the converted contract shall be quarterly or more

25  frequently at the option of the organization, unless otherwise

26  mutually agreed upon between the subscriber and the

27  organization.

28         (7)  REASONS FOR CANCELLATION; TERMINATION.--The

29  converted health maintenance contract must contain a

30  cancellation or nonrenewability clause providing that the

31  health maintenance organization may refuse to renew the

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  1  contract of any person covered thereunder, but cancellation or

  2  nonrenewal must be limited to one or more of the following

  3  reasons:

  4         (a)  Fraud or intentional material misrepresentation,

  5  subject to the limitations of s. 641.31(23), in applying for

  6  any benefits under the converted health maintenance contract;

  7         (b)  Eligibility of the covered person for coverage

  8  under Medicare, Title XVIII of the Social Security Act, as

  9  added by the Social Security Amendments of 1965, or as later

10  amended or superseded, or under any other state or federal law

11  providing for benefits similar to those provided by the

12  converted health maintenance contract, except for Medicaid,

13  Title XIX of the Social Security Act, as amended by the Social

14  Security Amendments of 1965, or as later amended or

15  superseded.

16         (b)(c)  Disenrollment for cause, after following the

17  procedures outlined in s. 641.3921(4).

18         (d)(d)  Willful and knowing misuse of the health

19  maintenance organization identification membership card by the

20  subscriber or the willful and knowing furnishing to the

21  organization by the subscriber of incorrect or incomplete

22  information for the purpose of fraudulently obtaining coverage

23  or benefits from the organization.

24         (d)(e)  Failure, after notice, to pay required

25  premiums.

26         (e)(f)  The subscriber has left the geographic area of

27  the health maintenance organization with the intent to

28  relocate or establish a new residence outside the

29  organization's geographic area.

30         (f)(g)  A dependent of the subscriber has reached the

31  limiting age under the converted contract, subject to

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  1  subsection (12); but the refusal to renew coverage shall apply

  2  only to coverage of the dependent, except in the case of

  3  handicapped children.

  4         (g)(h)  A change in marital status that makes a person

  5  ineligible under the original terms of the converted contract,

  6  subject to subsection (12).

  7         (14)  NOTIFICATION.--A notification of the conversion

  8  privilege shall be included in each health maintenance

  9  contract and in any certificate or member's handbook. The

10  organization shall mail an election and premium notice form,

11  including an outline of coverage, on a form approved by the

12  department, within 14 days after any individual who is

13  eligible for a converted health maintenance contract gives

14  notice to the organization that the individual is considering

15  applying for the converted contract or otherwise requests such

16  information. The outline of coverage must contain a

17  description of the principal benefits and coverage provided by

18  the contract and its principal exclusions and limitations,

19  including, but not limited to, deductibles and coinsurance.

20         Section 17.  Subsection (12) is added to section

21  641.495, Florida Statutes, to read:

22         641.495  Requirements for issuance and maintenance of

23  certificate.--

24         (12)  The provisions of part I of chapter 395 do not

25  apply to a health maintenance organization that, on or before

26  January 1, 1991, provides not more than 10 outpatient holding

27  beds for short-term and hospice-type patients in an ambulatory

28  care facility for its members, provided that such health

29  maintenance organization maintains current accreditation by

30  the Joint Commission on Accreditation of Health Care

31

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  1  Organizations, the Accreditation Association for Ambulatory

  2  Health Care, or the National Committee for Quality Assurance.

  3         Section 18.  This act shall take effect January 1,

  4  1999.

  5

  6            *****************************************

  7                          SENATE SUMMARY

  8    Revises various sections of the Insurance Code relating
      to health insurance. Specifies exceptions to guaranteed
  9    renewability of individual and group health insurance
      policies. Requires the Department of Insurance to
10    establish standard risk rates to determine premium rates
      of coverage issued by the Florida Comprehensive Health
11    Association. Revises standards for renewal of converted
      insurance policies. Requires health insurers and health
12    maintenance organizations to include in their plans that
      offer mental health coverage certain mental health
13    benefits that are not less favorable than for medical or
      surgical benefits covered by the plan. Revises minimum
14    standards for Medicare supplement policies. Revises
      requirements for insurers to issue, cancel, nonrenew, and
15    replace Medicare supplement policies. Authorizes the
      department to adopt rules governing guaranteed issue of
16    Medicare supplement coverage for continuously covered
      individuals. Modifies provisions of the Long-term Care
17    Insurance Act. Authorizes rulemaking power for the
      department. Revises provisions of health maintenance
18    contracts relating to renewability and extension of
      benefits. (See bill for details.)
19

20

21

22

23

24

25

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27

28

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