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House Bill 1967e1

HB 1967, First Engrossed 1 A bill to be entitled 2 An act relating to health insurance; amending 3 s. 627.6406, F.S., relating to coverage for 4 maternity care; prohibiting an insurer from 5 imposing certain limitations on benefits, 6 coverage, or reimbursement; amending s. 7 627.6425, F.S.; requiring an insurer that 8 provides individual coverage to renew or 9 continue coverage; providing certain 10 exceptions; requiring an insurer to provide 11 notice of discontinuation; authorizing an 12 insurer to modify coverage; revising 13 requirements for renewability of individual 14 coverage; creating s. 627.6475, F.S.; providing 15 for an individual reinsurance pool; providing 16 purpose; providing definitions; providing 17 applicability and scope; providing requirements 18 for availability of coverage; requiring 19 maintenance of records; providing an election 20 for carriers; providing an election process; 21 requiring operations of the program to be 22 subject to the board of the Florida Small 23 Employer Reinsurance Program; requiring the 24 establishment of a separate account; providing 25 for standards to assure fair marketing; 26 authorizing the Department of Insurance to 27 adopt rules; creating s. 627.6487, F.S.; 28 providing for guaranteed availability of health 29 insurance coverage to eligible individuals; 30 prohibiting an insurer or health maintenance 31 organization from declining coverage for 1 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 eligible individuals or imposing preexisting 2 conditions; providing definitions; providing 3 certain exceptions; creating s. 627.64871, 4 F.S.; providing for application of requirements 5 for certification of coverage; providing 6 exceptions; creating s. 627.6489, F.S.; 7 authorizing the Florida Comprehensive Health 8 Association to contract with insurers to 9 provide disease management services; creating 10 s. 627.6512, F.S.; exempting certain group 11 health insurance policies from specified 12 requirements with respect to excepted benefits; 13 amending s. 627.6561, F.S., relating to 14 exclusions for preexisting conditions; 15 providing definitions; specifying circumstances 16 under which an insurer may impose an exclusion 17 for a preexisting condition; providing 18 exceptions; providing requirements for 19 creditable coverage; providing for an election 20 of methods for calculating creditable coverage; 21 requiring disclosure of certain elections; 22 providing for establishing creditable coverage; 23 providing exceptions; requiring an issuer to 24 provide certification pursuant to rules adopted 25 by the department; creating s. 627.65615, F.S.; 26 providing for special enrollment periods for 27 employees and dependents; specifying conditions 28 for special enrollment periods; creating s. 29 627.65625, F.S.; prohibiting an insurer from 30 discriminating against individual participants 31 and beneficiaries based on health status; 2 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 creating s. 627.6571, F.S.; specifying 2 circumstances under which an insurer that 3 issues group health insurance policies must 4 renew or continue coverage; providing for 5 notice of discontinuation; providing a process 6 for notification; authorizing an insurer to 7 modify coverage; amending s. 627.6574, F.S., 8 relating to coverage for maternity care; 9 prohibiting a group, blanket, or franchise 10 policy from imposing certain limitations on 11 enrolling or renewing coverage; prohibiting an 12 insurer from imposing certain limitations on 13 benefits, coverage, or reimbursement; 14 prohibiting an insurer from providing monetary 15 payments or rebates; amending s. 627.6675, 16 F.S.; revising time limitations for application 17 for and payment of a converted policy; 18 requiring an insurer to offer a standard health 19 benefit plan; amending s. 627.6699, F.S., 20 relating to the Employee Health Care Access 21 Act; revising definitions; providing 22 requirements for policies with respect to 23 preexisting conditions; providing exceptions; 24 requiring special enrollment periods; 25 authorizing a small carrier to deny coverage 26 under certain circumstances; revising 27 requirements for renewing coverage; increasing 28 membership of the board of the Small Employer 29 Health Reinsurance Program; requiring a small 30 employer to disclose certain information with 31 respect to a health benefit plan; amending s. 3 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 627.9404, F.S.; providing additional 2 definitions; amending s. 627.9407, F.S.; 3 specifying additional information required to 4 be disclosed for purposes of long-term care 5 insurance; requiring a disclosure statement; 6 amending s. 627.94071, F.S.; specifying 7 additional minimum standards for home health 8 care benefits; amending s. 627.94072, F.S.; 9 deleting a requirement to provide cash 10 surrender values in offering long-term care 11 insurance policies; amending s. 627.94073, 12 F.S.; revising notice of cancellation 13 provisions; amending s. 627.94074, F.S.; 14 revising standards for benefit triggers; 15 creating s. 641.2018, F.S.; authorizing a 16 health maintenance organization to offer high 17 deductible contracts to certain employers; 18 amending s. 641.31, F.S.; revising requirements 19 for a health maintenance contract that provides 20 coverage for maternity care; prohibiting a 21 health maintenance organization from denying 22 eligibility to enroll or to renew coverage; 23 prohibiting such an organization from imposing 24 certain limitations on benefits, coverage, or 25 reimbursement; prohibiting such an organization 26 from providing monetary payments or rebates; 27 amending s. 641.3102, F.S.; prohibiting health 28 maintenance organizations from declining to 29 offer coverage to an eligible individual under 30 s. 627.6487, F.S.; creating s. 641.31071, F.S., 31 relating to exclusions for preexisting 4 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 conditions; providing definitions; specifying 2 circumstances under which a health maintenance 3 organization may impose an exclusion for a 4 preexisting condition; providing exceptions; 5 providing requirements for creditable coverage; 6 providing for an election of methods for 7 calculating creditable coverage; requiring 8 disclosure of certain elections; providing for 9 establishing creditable coverage; providing 10 exceptions; requiring a health maintenance 11 organization to provide certification pursuant 12 to rules adopted by the department; creating s. 13 641.31072, F.S.; requiring a health maintenance 14 organization to provide for special enrollment 15 periods under a contract for employees and 16 dependents; providing conditions for special 17 enrollment periods; creating s. 641.31073, 18 F.S.; prohibiting a health maintenance 19 organization from discriminating against 20 individual participants and beneficiaries based 21 on health status; creating s. 641.31074, F.S.; 22 requiring a health maintenance organization to 23 renew or continue coverage of certain group 24 health insurance contracts; requiring notice of 25 discontinuation; prescribing a process for 26 notification; authorizing a health maintenance 27 organization to modify coverage; amending s. 28 641.3921, F.S.; clarifying circumstances under 29 which a health maintenance organization may 30 issue a converted contract; amending s. 31 641.3922, F.S.; revising the time limitation 5 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 for applying for a converted contract; revising 2 the maximum premium rate for a converted 3 contract; requiring a health maintenance 4 organization to offer a standard health benefit 5 plan; providing that the act fulfills an 6 important state interest; repealing s. 7 627.6576, F.S., relating to a prohibition 8 against discriminating against handicapped 9 persons under policies of group, blanket, or 10 franchise health insurance; providing for 11 application of the act; requiring certain 12 legislative committees to conduct a study for 13 certain purposes and make recommendations to 14 the Legislature; requiring the Department of 15 Insurance to provide assistance; providing for 16 application of the act with respect to a plan 17 or contract maintained pursuant to a collective 18 bargaining agreement; providing an effective 19 date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Section 627.6406, Florida Statutes, 1996 24 Supplement, is amended to read: 25 627.6406 Maternity care.-- 26 (1) Any policy of health insurance that provides 27 coverage for maternity care must shall also cover the services 28 of certified nurse-midwives and midwives licensed pursuant to 29 chapter 467, and the services of birth centers licensed under 30 ss. 383.30-383.335. 31 6 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (2) An insurer issuing a health insurance policy that 2 which provides maternity and newborn coverage may not limit 3 coverage for the length of a maternity and newborn stay in a 4 hospital or for followup care outside of a hospital to any 5 time period that is less than that determined to be medically 6 necessary, in accordance with prevailing medical standards and 7 consistent with proposed 1996 guidelines for perinatal care of 8 the American Academy of Pediatrics or the American College of 9 Obstetricians and Gynecologists as proposed on May 1, 1996, by 10 the treating obstetrical care provider or the pediatric care 11 provider. 12 (3) Nothing in This section does not affect affects 13 any agreement between an insurer and a hospital or other 14 health care provider with respect to reimbursement for health 15 care services provided, rate negotiations with providers, or 16 capitation of providers, and this section does not prohibit or 17 prohibits appropriate utilization review or case management by 18 an insurer. 19 (4) Any policy of health insurance that provides 20 coverage, benefits, or services for maternity or newborn care 21 must provide coverage for postdelivery care for a mother and 22 her newborn infant. The postdelivery care must include a 23 postpartum assessment and newborn assessment and may be 24 provided at the hospital, at the attending physician's office, 25 at an outpatient maternity center, or in the home by a 26 qualified licensed health care professional trained in mother 27 and baby care. The services must include physical assessment 28 of the newborn and mother, and the performance of any 29 medically necessary clinical tests and immunizations in 30 keeping with prevailing medical standards. 31 7 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (5) An insurer subject to subsection (1) shall 2 communicate active case questions and concerns regarding 3 postdelivery care directly to the treating physician or 4 hospital in written form, in addition to other forms of 5 communication. Such insurers shall also use a process that 6 which includes a written protocol for utilization review and 7 quality assurance. 8 (6) An insurer subject to subsection (1) may not: 9 (a) Deny to a mother or her newborn infant 10 eligibility, or continued eligibility, to enroll or to renew 11 coverage under the terms of the policy for the purpose of 12 avoiding the requirements of this section. 13 (b) Provide monetary payments or rebates to a mother 14 to encourage the mother to accept less than the minimum 15 protections available under this section. 16 (c) Penalize or otherwise reduce or limit the 17 reimbursement of an attending provider solely because the 18 attending provider provided care to an individual participant 19 or beneficiary in accordance with this section. 20 (d) Provide incentives, monetary or otherwise, to an 21 attending provider solely to induce the provider to provide 22 care to an individual participant or beneficiary in a manner 23 inconsistent with this section. 24 (e) Subject to paragraph (7)(c), restrict benefits for 25 any portion of a period within a hospital length of stay 26 required under subsection (2) in a manner that is less 27 favorable than the benefits provided for any preceding portion 28 of such stay. 29 (7)(a) This section does not require a mother who is a 30 participant or beneficiary to: 31 1. Give birth in a hospital. 8 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 2. Stay in the hospital for a fixed period of time 2 following the birth of her infant. 3 (b) This section does not apply with respect to any 4 health insurance coverage that does not provide benefits for 5 hospital lengths of stay in connection with childbirth for a 6 mother or her newborn infant. 7 (c) This section does not prevent a policy from 8 imposing deductibles, coinsurance, or other cost-sharing in 9 relation to benefits for hospital lengths of stay in 10 connection with childbirth for a mother or her newborn infant, 11 except that such coinsurance or other cost-sharing for any 12 portion of a period within a hospital length of stay required 13 under subsection (2) may not be greater than such coinsurance 14 or cost-sharing for any preceding portion of such stay. 15 Section 2. Section 627.6425, Florida Statutes, 1996 16 Supplement, is amended to read: 17 (Substantial rewording of section. See 18 s. 627.6425, F.S., 1996 Supp., for present text.) 19 627.6425 Renewability of individual coverage.-- 20 (1) Except as otherwise provided in this section, an 21 insurer that provides individual health insurance coverage to 22 an individual shall renew or continue in force such coverage 23 at the option of the individual. For the purpose of this 24 section, the term "individual health insurance" means health 25 insurance coverage, as described in s. 627.6561(5)(a)2., 26 offered to an individual in this state, including certificates 27 of coverage offered to individuals in this state as part of a 28 group policy issued to an association outside this state, but 29 the term does not include short-term limited duration 30 insurance or excepted benefits specified in subsection (6) or 31 subsection (7). 9 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (2) An insurer may nonrenew or discontinue health 2 insurance coverage of an individual in the individual market 3 based only on one or more of the following: 4 (a) The individual has failed to pay premiums or 5 contributions in accordance with the terms of the health 6 insurance coverage or the insurer has not received timely 7 premium payments. 8 (b) The individual has performed an act or practice 9 that constitutes fraud or made an intentional 10 misrepresentation of material fact under the terms of the 11 coverage. 12 (c) The insurer is ceasing to offer coverage in the 13 individual market in accordance with subsection (3) and 14 applicable state law. 15 (d) In the case of a health insurer that offers health 16 insurance coverage in the market through a network plan, the 17 individual no longer resides, lives, or works in the service 18 area, or in an area for which the insurer is authorized to do 19 business, but only if such coverage is terminated under this 20 paragraph uniformly without regard to any 21 health-status-related factor of covered individuals. 22 (e) In the case of health insurance coverage that is 23 made available in the individual market only through one or 24 more bona fide associations, as defined in s. 627.6571(5), the 25 membership of the individual in the association, on the basis 26 of which the coverage is provided, ceases, but only if such 27 coverage is terminated under this paragraph uniformly without 28 regard to any health-status-related factor of covered 29 individuals. 30 (3)(a) In any case in which an insurer decides to 31 discontinue offering a particular policy form for health 10 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 insurance coverage offered in the individual market, coverage 2 under such form may be discontinued by the insurer only if: 3 1. The insurer provides notice to each covered 4 individual provided coverage under this policy form in the 5 individual market of such discontinuation at least 90 days 6 prior to the date of the discontinuation of such coverage; 7 2. The insurer offers to each individual in the 8 individual market provided coverage under this policy form the 9 option to purchase any other individual health insurance 10 coverage currently being offered by the insurer for 11 individuals in such market in the state; and 12 3. In exercising the option to discontinue coverage of 13 this policy form and in offering the option of coverage under 14 subparagraph 2., the insurer acts uniformly without regard to 15 any health-status-related factor of enrolled individuals or 16 individuals who may become eligible for such coverage. 17 (b)1. Subject to subparagraph (a)3., in any case in 18 which an insurer elects to discontinue offering all health 19 insurance coverage in the individual market in this state, 20 health insurance coverage may be discontinued by the insurer 21 only if: 22 a. The insurer provides notice to the department and 23 to each individual of such discontinuation at least 180 days 24 prior to the date of the expiration of such coverage; and 25 b. All health insurance issued or delivered for 26 issuance in the state in the individual market is discontinued 27 and coverage under such health insurance coverage in such 28 market is not renewed. 29 2. In the case of a discontinuation under subparagraph 30 1. in the individual market, the insurer may not provide for 31 the issuance of any individual health insurance coverage in 11 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 this state during the 5-year period beginning on the date of 2 the discontinuation of the last health insurance coverage not 3 so renewed. 4 (4) At the time of coverage renewal, an insurer may 5 modify the health insurance coverage for a policy form offered 6 to individuals in the individual market so long as such 7 modification is consistent with the laws of this state and 8 effective on a uniform basis among all individuals with that 9 policy form. 10 (5) In applying this section in the case of health 11 insurance coverage that is made available by an insurer in the 12 individual market to individuals only through one or more 13 associations, a reference to an "individual" includes a 14 reference to such an association of which the individual is a 15 member. 16 (6) The requirements of this section do not apply to 17 any health insurance coverage in relation to its provision of 18 excepted benefits described in s. 627.6561(5)(b). 19 (7) The requirements of this section do not apply to 20 any health insurance coverage in relation to its provision of 21 excepted benefits described in s. 627.6561(5)(c), (d), or (e), 22 if the benefits are provided under a separate policy, 23 certificate, or contract of insurance. 24 (8) This section applies to health insurance coverage 25 offered, sold, issued, or renewed in the individual market on 26 or after July 1, 1997. 27 Section 3. Section 627.6475, Florida Statutes, is 28 created to read: 29 627.6475 Individual reinsurance pool.-- 30 (1) PURPOSE.--The purpose of this section is to 31 provide for the establishment of a reinsurance program for 12 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 coverage of individuals who are eligible for issuance of 2 individual health insurance from a health insurance issuer 3 pursuant to s. 627.6487. 4 (2) DEFINITIONS.--As used in this section: 5 (a) "Board," "carrier," and "health benefit plan" have 6 the same meaning ascribed in s. 627.6699(3). 7 (b) "Health insurance issuer," "issuer," and 8 "individual health insurance" have the same meaning ascribed 9 in s. 627.6487(2). 10 (c) "Reinsuring carrier" means a health insurance 11 issuer that elects to comply with the requirements set forth 12 in subsection (7). 13 (d) "Risk-assuming carrier" means a health insurance 14 issuer that elects to comply with the requirements set forth 15 in subsection (6). 16 (e) "Eligible individual" has the same meaning 17 ascribed in s. 627.6487(3). 18 (3) APPLICABILITY AND SCOPE.--This section applies to 19 individual health insurance offered by a health insurance 20 issuer to an eligible individual. 21 (4) MAINTENANCE OF RECORDS.--Each health insurance 22 issuer that offers individual health insurance must maintain 23 at its principal place of business a complete and detailed 24 description of its rating practices and renewal practices, as 25 required for small employer carriers pursuant to s. 26 627.6699(8). 27 (5) ISSUER'S ELECTION TO BECOME A RISK-ASSUMING 28 CARRIER.-- 29 (a) Each health insurance issuer that offers 30 individual health insurance must elect to become a 31 risk-assuming carrier or a reinsuring carrier for purposes of 13 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 this section. Each such issuer must make an initial election, 2 binding through December 31, 1999. The issuer's initial 3 election must be made no later than October 31, 1997. By 4 October 31, 1997, all issuers must file a final election, 5 which is binding for 2 years, from January 1, 1998, through 6 December 31, 1999, after which an election shall be binding 7 for a period of 5 years. The department may permit an issuer 8 to modify its election at any time for good cause shown, after 9 a hearing. 10 (b) The department shall establish an application 11 process for issuers seeking to change their status under this 12 subsection. 13 (c) An election to become a risk-assuming carrier is 14 subject to approval under this subsection. 15 (d) An issuer that elects to cease participating as a 16 reinsuring carrier and to become a risk-assuming carrier may 17 not reinsure or continue to reinsure any individual health 18 benefits plan under subsection (7) once the issuer becomes a 19 risk-assuming carrier, and the issuer must pay a prorated 20 assessment based upon business issued as a reinsuring carrier 21 for any portion of the year that the business was reinsured. 22 An issuer that elects to cease participating as a 23 risk-assuming carrier and to become a reinsuring carrier may 24 reinsure individual health insurance under the terms set forth 25 in subsection (7) and must pay a prorated assessment based 26 upon business issued as a reinsuring carrier for any portion 27 of the year that the business was reinsured. 28 (6) ELECTION PROCESS TO BECOME A RISK-ASSUMING 29 CARRIER.-- 30 (a)1. A health insurance issuer that offers individual 31 health insurance may become a risk-assuming carrier by filing 14 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 with the department a designation of election under this 2 subsection in a format and manner prescribed by the 3 department. The department shall approve the election of a 4 health insurance issuer to become a risk-assuming carrier if 5 the department finds that the issuer is capable of assuming 6 that status pursuant to the criteria set forth in paragraph 7 (b). 8 2. The department must approve or disapprove any 9 designation as a risk-assuming carrier within 60 days after a 10 filing. 11 (b) In determining whether to approve an application 12 by an issuer to become a risk-assuming carrier, the department 13 shall consider: 14 1. The issuer's financial ability to support the 15 assumption of the risk of individuals. 16 2. The issuer's history of rating and underwriting 17 individuals. 18 3. The issuer's commitment to market fairly to all 19 individuals in the state or its service area, as applicable. 20 4. The issuer's ability to assume and manage the risk 21 of enrolling individuals without the protection of the 22 reinsurance program provided in subsection (7). 23 (c) The department shall provide public notice of an 24 issuer's designation of election under this subsection to 25 become a risk-assuming carrier and shall provide at least a 26 21-day period for public comment prior to making a decision on 27 the election. The department shall hold a hearing on the 28 election at the request of the issuer. 29 (d) The department may rescind the approval granted to 30 a risk-assuming carrier under this subsection if the 31 15 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 department finds that the carrier no longer meets the criteria 2 of paragraph (b). 3 (7) INDIVIDUAL HEALTH REINSURANCE PROGRAM.-- 4 (a) The individual health reinsurance program shall 5 operate subject to the supervision and control of the board of 6 the small employer health reinsurance program established 7 pursuant to s. 627.6699(11). The board shall establish a 8 separate, segregated account for eligible individuals 9 reinsured pursuant to this section, which account may not be 10 commingled with the small employer health reinsurance account. 11 (b) A reinsuring carrier may reinsure with the program 12 coverage of an eligible individual, subject to each of the 13 following provisions: 14 1. A reinsuring carrier may reinsure an eligible 15 individual within 60 days after commencement of the coverage 16 of the eligible individual. 17 2. The program may not reimburse a participating 18 carrier with respect to the claims of a reinsured eligible 19 individual until the carrier has paid incurred claims of at 20 least $5,000 in a calendar year for benefits covered by the 21 program. In addition, the reinsuring carrier is responsible 22 for 10 percent of the next $50,000 and 5 percent of the next 23 $100,000 of incurred claims during a calendar year, and the 24 program shall reinsure the remainder. 25 3. The board shall annually adjust the initial level 26 of claims and the maximum limit to be retained by the carrier 27 to reflect increases in costs and utilization within the 28 standard market for health benefit plans within the state. The 29 adjustment may not be less than the annual change in the 30 medical component of the "Commerce Price Index for All Urban 31 Consumers" of the Bureau of Labor Statistics of the United 16 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 States Department of Labor, unless the board proposes and the 2 department approves a lower adjustment factor. 3 4. A reinsuring carrier may terminate reinsurance for 4 all reinsured eligible individuals on any plan anniversary. 5 5. The premium rate charged for reinsurance by the 6 program to a health maintenance organization that is approved 7 by the Secretary of Health and Human Services as a federally 8 qualified health maintenance organization pursuant to 42 9 U.S.C. s. 300e(c)(2)(A) and that, as such, is subject to 10 requirements that limit the amount of risk that may be ceded 11 to the program, which requirements are more restrictive than 12 subparagraph 2., shall be reduced by an amount equal to that 13 portion of the risk, if any, which exceeds the amount set 14 forth in subparagraph 2., which may not be ceded to the 15 program. 16 6. The board may consider adjustments to the premium 17 rates charged for reinsurance by the program or carriers that 18 use effective cost-containment measures, including high-cost 19 case management, as defined by the board. 20 7. A reinsuring carrier shall apply its 21 case-management and claims-handling techniques, including, but 22 not limited to, utilization review, individual case 23 management, preferred provider provisions, other managed-care 24 provisions, or methods of operation consistently with both 25 reinsured business and nonreinsured business. 26 (c)1. The board, as part of the plan of operation, 27 shall establish a methodology for determining premium rates to 28 be charged by the program for reinsuring eligible individuals 29 pursuant to this section. The methodology must include a 30 system for classifying individuals which reflects the types of 31 case characteristics commonly used by carriers in this state. 17 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 The methodology must provide for the development of basic 2 reinsurance premium rates, which shall be multiplied by the 3 factors set for them in this paragraph to determine the 4 premium rates for the program. The basic reinsurance premium 5 rates shall be established by the board, subject to the 6 approval of the department, and shall be set at levels that 7 reasonably approximate gross premiums charged to eligible 8 individuals for individual health insurance by health 9 insurance issuers. The premium rates set by the board may vary 10 by geographical area, as determined under this section, to 11 reflect differences in cost. An eligible individual may be 12 reinsured for a rate that is five times the rate established 13 by the board. 14 2. The board shall periodically review the methodology 15 established, including the system of classification and any 16 rating factors, to ensure that it reasonably reflects the 17 claims experience of the program. The board may propose 18 changes to the rates that are subject to the approval of the 19 department. 20 (d) If individual health insurance for an eligible 21 individual is entirely or partially reinsured with the program 22 pursuant to this section, the premium charged to the eligible 23 individual for any rating period for the coverage issued must 24 be the same premium that would have been charged to that 25 individual if the health insurance issuer elected not to 26 reinsure coverage for that individual. 27 (e)1. Before March 1 of each calendar year, the board 28 shall determine and report to the department the program net 29 loss in the individual account for the previous year, 30 including administrative expenses for that year and the 31 18 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 incurred losses for that year, taking into account investment 2 income and other appropriate gains and losses. 3 2. Any net loss in the individual account for the year 4 shall be recouped by assessing the carriers as follows: 5 a. The operating losses of the program shall be 6 assessed in the following order subject to the specified 7 limitations. The first tier of assessments shall be made 8 against reinsuring carriers in an amount that may not exceed 5 9 percent of each reinsuring carrier's premiums for individual 10 health insurance. If such assessments have been collected and 11 additional moneys are needed, the board shall make a second 12 tier of assessments in an amount that may not exceed 0.5 13 percent of each carrier's health benefit plan premiums. 14 b. Except as provided in paragraph (f), risk-assuming 15 carriers are exempt from all assessments authorized pursuant 16 to this section. The amount paid by a reinsuring carrier for 17 the first tier of assessments shall be credited against any 18 additional assessments made. 19 c. The board shall equitably assess reinsuring 20 carriers for operating losses of the individual account based 21 on market share. The board shall annually assess each carrier 22 a portion of the operating losses of the individual account. 23 The first tier of assessments shall be determined by 24 multiplying the operating losses by a fraction, the numerator 25 of which equals the reinsuring carrier's earned premium 26 pertaining to direct writings of individual health insurance 27 in the state during the calendar year for which the assessment 28 is levied, and the denominator of which equals the total of 29 all such premiums earned by reinsuring carriers in the state 30 during that calendar year. The second tier of assessments 31 shall be based on the premiums that all carriers, except 19 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 risk-assuming carriers, earned on all health benefit plans 2 written in this state. The board may levy interim assessments 3 against reinsuring carriers to ensure the financial ability of 4 the plan to cover claims expenses and administrative expenses 5 paid or estimated to be paid in the operation of the plan for 6 the calendar year prior to the association's anticipated 7 receipt of annual assessments for that calendar year. Any 8 interim assessment is due and payable within 30 days after 9 receipt by a carrier of the interim assessment notice. Interim 10 assessment payments shall be credited against the carrier's 11 annual assessment. Health benefit plan premiums and benefits 12 paid by a carrier that are less than an amount determined by 13 the board to justify the cost of collection may not be 14 considered for purposes of determining assessments. 15 d. Subject to the approval of the department, the 16 board shall adjust the assessment formula for reinsuring 17 carriers that are approved as federally qualified health 18 maintenance organizations by the Secretary of Health and Human 19 Services pursuant to 42 U.S.C. s. 300e(c)(2)(A) to the extent, 20 if any, that restrictions are placed on them which are not 21 imposed on other carriers. 22 3. Before March 1 of each year, the board shall 23 determine and file with the department an estimate of the 24 assessments needed to fund the losses incurred by the program 25 in the individual account for the previous calendar year. 26 4. If the board determines that the assessments needed 27 to fund the losses incurred by the program in the individual 28 account for the previous calendar year will exceed the amount 29 specified in subparagraph 2., the board shall evaluate the 30 operation of the program and report its findings and 31 recommendations to the department in the format established in 20 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 s. 627.6699(11) for the comparable report for the small 2 employer reinsurance program. 3 (f) Notwithstanding paragraph (e), the administrative 4 expenses of the program shall be recouped by assessing 5 risk-assuming carriers and reinsuring carriers, and such 6 amounts may not be considered part of the operating losses of 7 the plan for the purposes of this paragraph. Each carrier's 8 portion of such administrative expenses shall be determined by 9 multiplying the total of such administrative expenses by a 10 fraction, the numerator of which equals the carrier's earned 11 premium pertaining to direct writing of individual health 12 benefit plans in the state during the calendar year for which 13 the assessment is levied, and the denominator of which equals 14 the total of such premiums earned by all carriers in the state 15 during such calendar year. 16 (g) Except as otherwise provided in this section, the 17 board and the department shall have all powers, duties, and 18 responsibilities with respect to carriers that issue and 19 reinsure individual health insurance, as specified for the 20 board and the department in s. 627.6699(11) with respect to 21 small employer carriers, including, but not limited to, the 22 provisions of s. 627.6699(11) relating to: 23 1. Use of assessments that exceed the amount of actual 24 losses and expenses. 25 2. The annual determination of each carrier's 26 proportion of the assessment. 27 3. Interest for late payment of assessments. 28 4. Authority for the department to approve deferment 29 of an assessment against a carrier. 30 5. Limited immunity from legal actions or carriers. 31 21 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 6. Development of standards for compensation to be 2 paid to agents. Such standards shall be limited to those 3 specifically enumerated in s. 627.6699(13)(d). 4 7. Monitoring compliance by carriers with this 5 section. 6 (8) STANDARDS TO ASSURE FAIR MARKETING.-- 7 (a) Each health insurance issuer that offers 8 individual health insurance shall actively market coverage to 9 eligible individuals in the state. The provisions of s. 10 627.6699(13) that apply to small employer carriers that market 11 policies to small employers shall also apply to health 12 insurance issuers that offer individual health insurance with 13 respect to marketing policies to individuals. 14 (b) A violation of this section by a health insurance 15 issuer or an agent is an unfair trade practice under s. 16 626.9541 or ss. 641.3903 and 641.3907. 17 (9) RULEMAKING AUTHORITY.--The department may adopt 18 rules to administer this section, including rules governing 19 compliance by carriers. 20 Section 4. Section 627.6487, Florida Statutes, is 21 created to read: 22 627.6487 Guaranteed availability of individual health 23 insurance coverage to eligible individuals.-- 24 (1) Subject to the requirements of this section, each 25 health insurance issuer that offers individual health 26 insurance coverage in this state may not, with respect to an 27 eligible individual who desires to enroll in individual health 28 insurance coverage: 29 (a) Decline to offer such coverage to, or deny 30 enrollment of, such individual; or 31 22 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (b) Impose any preexisting condition exclusion with 2 respect to such coverage. For purposes of this section, the 3 term "preexisting condition" means, with respect to coverage, 4 a limitation of benefits relating to a condition based on the 5 fact that the condition was present before the date of 6 enrollment for such coverage, whether or not any medical 7 advice, diagnosis, care, or treatment was recommended or 8 received before such date. 9 (2) For the purposes of this section: 10 (a) "Health insurance issuer" and "issuer" mean an 11 authorized insurer or a health maintenance organization. 12 (b) "Individual health insurance" means health 13 insurance, as defined in s. 627.6561(5)(a)2., which is offered 14 to an individual, including certificates of coverage offered 15 to individuals in this state as part of a group policy issued 16 to an association outside this state, but the term does not 17 include short-term limited duration insurance or excepted 18 benefits specified in s. 624.6561(5)(b) or, if the benefits 19 are provided under a separate policy, certificate, or 20 contract, the term does not include excepted benefits 21 specified in s. 627.6561(5)(c), (d), or (e). 22 (3) For the purposes of this section, the term 23 "eligible individual" means an individual: 24 (a)1. For whom, as of the date on which the individual 25 seeks coverage under this section, the aggregate of the 26 periods of creditable coverage, as defined in s. 627.6561(5) 27 and (6), is 18 or more months; and 28 2. Whose most recent prior creditable coverage was 29 under a group health plan, governmental plan, or church plan, 30 or health insurance coverage offered in connection with any 31 such plan; 23 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (b) Who is not eligible for coverage under: 2 1. A group health plan, as defined in section 2791, of 3 the Public Health Service Act; 4 2. A conversion policy under s. 627.6675 or s. 5 641.3921; 6 3. Medicare, part A or part B of Title XVIII of the 7 Social Security Act as amended; or 8 4. A state plan under Medicaid, Title XIX of the 9 Social Security Act, as amended, or any successor program, 10 11 and does not have other health insurance coverage; 12 (c) With respect to whom the most recent coverage 13 within the coverage period described in paragraph (1)(a) was 14 not terminated based on a factor described in s. 15 627.6571(2)(a) or (b), relating to nonpayment of premiums or 16 fraud, unless such nonpayment of premiums or fraud was due to 17 acts of an employer or person other than the individual; 18 (d) Who, having been offered the option of 19 continuation coverage under a COBRA continuation provision or 20 under s. 627.6692, elected such coverage; and 21 (e) Who, if the individual elected such continuation 22 provision, has exhausted such continuation coverage under such 23 provision or program. 24 (4)(a) The health insurance issuer may elect to limit 25 the coverage offered under subsection (1) if the issuer offers 26 at least two different policy forms of health insurance 27 coverage, both of which: 28 1. Are designed for, made generally available to, 29 actively marketed to, and enroll both eligible and other 30 individuals by the issuer; and 31 2. Meet the requirement of paragraph (b). 24 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 2 For purposes of this subsection, policy forms that have 3 different cost-sharing arrangements or different riders are 4 considered to be different policy forms. 5 (b) The requirement of this subsection is met for 6 health insurance coverage policy forms offered by an issuer in 7 the individual market if the issuer offers the policy forms 8 for individual health insurance coverage with the largest, and 9 next to largest, premium volume of all such policy forms 10 offered by the issuer in this state or applicable marketing or 11 service area, as prescribed in rules adopted by the 12 department, in the individual market in the period involved. 13 To the greatest extent possible, such rules must be consistent 14 with regulations adopted by the United States Department of 15 Health and Human Services. 16 (5)(a) In the case of a health insurance issuer that 17 offers individual health insurance coverage through a network 18 plan, the issuer may: 19 1. Limit the individuals who may be enrolled under 20 such coverage to those who live, reside, or work within the 21 service area for such network plan; and 22 2. Within the service area of such plan, deny such 23 coverage to such individuals if the issuer has demonstrated to 24 the department that: 25 a. It will not have the capacity to deliver services 26 adequately to additional individual enrollees because of its 27 obligations to existing group contract holders and enrollees 28 and individual enrollees; and 29 b. It is applying this paragraph uniformly to 30 individuals without regard to any health-status-related factor 31 25 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 of such individuals and without regard to whether the 2 individuals are eligible individuals. 3 (b) An issuer, upon denying individual health 4 insurance coverage in any service area in accordance with 5 subparagraph (a)2., may not offer coverage in the individual 6 market within such service area for a period of 180 days after 7 such coverage is denied. 8 (6)(a) A health insurance issuer may deny individual 9 health insurance coverage to an eligible individual if the 10 issuer has demonstrated to the department that: 11 1. It does not have the financial reserves necessary 12 to underwrite additional coverage; and 13 2. It is applying this paragraph uniformly to all 14 individuals in the individual market in this state consistent 15 with the laws of this state and without regard to any 16 health-status-related factor of such individuals and without 17 regard to whether the individuals are eligible individuals. 18 (b) An issuer, upon denying individual health 19 insurance coverage in any service area in accordance with 20 paragraph (a), may not offer such coverage in the individual 21 market within such service area for a period of 180 days after 22 the date such coverage is denied or until the issuer has 23 demonstrated to the department that the issuer has sufficient 24 financial reserves to underwrite additional coverage, 25 whichever occurs later. 26 (7)(a) Subsection (1) does not require that a health 27 insurance issuer that offers health insurance coverage only in 28 connection with group health plans or through one or more bona 29 fide associations, as defined in s. 627.6571(5), or both, 30 offer such health insurance coverage in the individual market. 31 26 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (b) A health insurance issuer that offers health 2 insurance coverage in connection with group health plans is 3 not deemed to be a health insurance issuer offering individual 4 health insurance coverage solely because such issuer offers a 5 conversion policy. 6 (8) This section does not: 7 (a) Restrict the amount of the premium rates that an 8 issuer may charge an individual for individual health 9 insurance coverage; or 10 (b) Prevent a health insurance issuer that offers 11 individual health insurance coverage from establishing premium 12 discounts or rebates or modifying otherwise applicable 13 copayments or deductibles in return for adherence to programs 14 of health promotion and disease prevention. 15 (9) Each health insurance issuer that offers 16 individual health insurance coverage to an eligible individual 17 shall elect to become a risk-assuming carrier or a reinsuring 18 carrier, as provided by s. 627.6475. 19 (10) This section applies to individual health 20 insurance coverage offered on or after January 1, 1998. An 21 individual who would have been eligible for coverage on July 22 1, 1997, shall be eligible for coverage on January 1, 1998, 23 and shall remain eligible for the same period of time after 24 January 1, 1998, that the individual would have remained 25 eligible for coverage after July 1, 1997. 26 Section 5. Section 627.64871, Florida Statutes, is 27 created to read: 28 627.64871 Certification of coverage.-- 29 (1) Section 627.6561(8), applies to health insurance 30 coverage offered by an insurer in the individual market in the 31 same manner as it applies to health insurance coverage offered 27 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 by an insurer in connection with a group health plan in the 2 small-group market or large-group market. 3 (2) This section does not apply to any health 4 insurance coverage in relation to its provision of excepted 5 benefits described in s. 627.6561(5)(b). 6 (3) This section does not apply to any health 7 insurance coverage in relation to its provision of excepted 8 benefits described in s. 627.6561(5)(c), (d), or (e), if the 9 benefits are provided under a separate policy, certificate, or 10 contract of insurance. 11 (4) This section applies to health insurance coverage 12 offered, sold, issued, renewed, or in effect on or after July 13 1, 1997. 14 Section 6. Section 627.6489, Florida Statutes, is 15 created to read: 16 627.6489 Disease Management Program.-- 17 (1) The association may contract with insurers to 18 provide disease management services for insurers that elect to 19 participate in the association disease management program. 20 (2) An insurer that elects to contract for such 21 services shall provide the association with all medical 22 records and claims information necessary for the association 23 to effectively manage the services. 24 (3) Monies collected by the association for providing 25 disease management services shall be used by the association 26 to pay administrative expenses associated with the disease 27 management program and to reduce any deficits incurred by the 28 association. No funds received at any time by the association 29 as a result of assessments against insurers may be used in 30 connection with the disease management program. No costs 31 28 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 related to the disease management program provided to an 2 insurer shall be assessed against any other insurer. 3 Section 7. Section 627.6512, Florida Statutes, is 4 created to read: 5 627.6512 Exemption of certain group health insurance 6 policies.--Sections 627.6561, 627.65615, 627.65625, and 7 627.6571, do not apply to: 8 (1) Any group insurance policy in relation to its 9 provision of excepted benefits described in s. 627.6561(5)(b). 10 (2) Any group health insurance policy in relation to 11 its provision of excepted benefits described in s. 12 627.6561(5)(c), if the benefits: 13 (a) Are provided under a separate policy, certificate, 14 or contract of insurance; or 15 (b) Are otherwise not an integral part of the policy. 16 (3) Any group health insurance policy in relation to 17 its provision of excepted benefits described in s. 18 627.6561(5)(d), if all of the following conditions are met: 19 (a) The benefits are provided under a separate policy, 20 certificate, or contract of insurance; 21 (b) There is no coordination between the provision of 22 such benefits and any exclusion of benefits under any group 23 policy maintained by the same policyholder; and 24 (c) Such benefits are paid with respect to an event 25 without regard to whether benefits are provided with respect 26 to such an event under any group health policy maintained by 27 the same policyholder. 28 (4) Any group health policy in relation to its 29 provision of excepted benefits described in s. 627.6561(5)(e), 30 if the benefits are provided under a separate policy, 31 certificate, or contract of insurance. 29 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 Section 8. Section 627.6561, Florida Statutes, is 2 amended to read: 3 (Substantial rewording of section. See 4 s. 627.6561, F.S., for present text.) 5 627.6561 Preexisting conditions.-- 6 (1) As used in this section, the term: 7 (a) "Enrollment date" means, with respect to an 8 individual covered under a group health policy, the date of 9 enrollment of the individual in the plan or coverage or, if 10 earlier, the first day of the waiting period of such 11 enrollment. 12 (b) "Late enrollee" means, with respect to coverage 13 under a group health policy, a participant or beneficiary who 14 enrolls under the policy other than during: 15 1. The first period in which the individual is 16 eligible to enroll under the policy. 17 2. A special enrollment period, as provided under s. 18 627.65615. 19 (c) "Waiting period" means, with respect to a group 20 health policy and an individual who is a potential participant 21 or beneficiary of the policy, the period that must pass with 22 respect to the individual before the individual is eligible to 23 be covered for benefits under the terms of the policy. 24 (2) Subject to the exceptions specified in subsection 25 (4), an insurer that offers group health insurance coverage 26 may, with respect to a participant or beneficiary, impose a 27 preexisting condition exclusion only if: 28 (a) Such exclusion relates to a physical or mental 29 condition, regardless of the cause of the condition, for which 30 medical advice, diagnosis, care, or treatment was recommended 31 30 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 or received within the 6-month period ending on the enrollment 2 date; 3 (b) Such exclusion extends for a period of not more 4 than 12 months, or 18 months in the case of a late enrollee, 5 after the enrollment date; and 6 (c) The period of any such preexisting condition 7 exclusion is reduced by the aggregate of the periods of 8 creditable coverage, as defined in subsection (5), applicable 9 to the participant or beneficiary as of the enrollment date. 10 (3) Genetic information may not be treated as a 11 condition described in paragraph (2)(a) in the absence of a 12 diagnosis of the condition related to such information. 13 (4)(a) Subject to paragraph (b), an insurer that 14 offers group health insurance coverage, may not impose any 15 preexisting condition exclusion in the case of: 16 1. An individual who, as of the last day of the 30-day 17 period beginning with the date of birth, is covered under 18 creditable coverage. 19 2. A child who is adopted or placed for adoption 20 before attaining 18 years of age and who, as of the last day 21 of the 30-day period beginning on the date of the adoption or 22 placement for adoption, is covered under creditable coverage. 23 This provision does not apply to coverage before the date of 24 such adoption or placement for adoption. 25 3. Pregnancy. 26 (b) Subparagraphs (a)1. and 2. do not apply to an 27 individual after the end of the first 63-day period during all 28 of which the individual was not covered under any creditable 29 coverage. 30 31 31 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (5)(a) The term, "creditable coverage," means, with 2 respect to an individual, coverage of the individual under any 3 of the following: 4 1. A group health plan, as defined in s. 2791 of the 5 Public Health Service Act. 6 2. Health insurance coverage consisting of medical 7 care, provided directly, through insurance or reimbursement, 8 or otherwise and including terms and services paid for as 9 medical care, under any hospital or medical service policy or 10 certificate, hospital or medical service plan contract, or 11 health maintenance contract offered by a health insurance 12 issuer. 13 3. Medicare, part A or part B of Title XVIII of the 14 Social Security Act, as amended. 15 4. Medicaid, Title XIX of the Social Security Act, as 16 amended, other than children eligible solely for the federal 17 program for the distribution of pediatric vaccines. 18 5. Chapter 55 of Title 10, United States Code. 19 6. A medical care program of the Indian Health Service 20 or of a tribal organization. 21 7. The Florida Comprehensive Health Association or 22 another state health benefit risk pool. 23 8. A health plan offered under chapter 89 of Title 5, 24 United States Code. 25 9. A public health plan as defined by rules adopted by 26 the department. To the greatest extent possible, such rules 27 must be consistent with regulations adopted by the United 28 States Department of Health and Human Services. 29 10. A health benefit plan under s. 5(e) of the Peace 30 Corps Act (22 United States Code, 2504(e)). 31 32 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (b) Creditable coverage does not include coverage that 2 consists solely of one or more or any combination thereof of 3 the following excepted benefits: 4 1. Coverage only for accident, or disability income 5 insurance, or any combination thereof. 6 2. Coverage issued as a supplement to liability 7 insurance. 8 3. Liability insurance, including general liability 9 insurance and automobile liability insurance. 10 4. Workers' compensation or similar insurance. 11 5. Automobile medical payment insurance. 12 6. Credit-only insurance. 13 7. Coverage for onsite medical clinics, including 14 prepaid health clinics under part II of chapter 641. 15 8. Other similar insurance coverage, specified in 16 rules adopted by the department, under which benefits for 17 medical care are secondary or incidental to other insurance 18 benefits. To the extent possible, such rules must be 19 consistent with regulations adopted by the United States 20 Department of Health and Human Services. 21 (c) The following benefits do not constitute 22 creditable coverage, if offered separately: 23 1. Limited scope dental or vision benefits. 24 2. Benefits for long-term care, nursing home care, 25 home health care, community-based care, or any combination 26 thereof. 27 3. Such other similar, limited benefits as are 28 specified in rules adopted by the department. 29 (d) The following benefits do not constitute 30 creditable coverage if offered as independent, noncoordinated 31 benefits: 33 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 1. Coverage only for a specified disease or illness. 2 2. Hospital indemnity or other fixed indemnity 3 insurance. 4 (e) Benefits provided through a Medicare supplemental 5 health insurance, as defined under s. 1882(g)(1) of the Social 6 Security Act, coverage supplemental to the coverage provided 7 under chapter 55 of Title 10, United States Code, and similar 8 supplemental coverage provided to coverage under a group 9 health plan are not considered creditable coverage if offered 10 as a separate insurance policy. 11 (6)(a) A period of creditable coverage may not be 12 counted, with respect to enrollment of an individual under a 13 group health plan, if, after such period and before the 14 enrollment date, there was a 63-day period during all of which 15 the individual was not covered under any creditable coverage. 16 (b) Any period during which an individual is in a 17 waiting period for any coverage under a group health plan or 18 for group health insurance coverage may not be taken into 19 account in determining the 63-day period under paragraph (a) 20 or paragraph (4)(b). 21 (7)(a) Except as otherwise provided under paragraph 22 (b), an insurer shall count a period of creditable coverage 23 without regard to the specific benefits covered under the 24 period. 25 (b) An insurer may elect to count, as creditable 26 coverage, coverage of benefits within each of several classes 27 or categories of benefits specified in rules adopted by the 28 department rather than as provided under paragraph (a). To the 29 extent possible, such rules must be consistent with 30 regulations adopted by the United States Department of Health 31 and Human Services. Such election shall be made on a uniform 34 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 basis for all participants and beneficiaries. Under such 2 election, an insurer shall count a period of creditable 3 coverage with respect to any class or category of benefits if 4 any level of benefits is covered within such class or 5 category. 6 (c) In the case of an election with respect to an 7 insurer under paragraph (b), the insurer shall: 8 1. Prominently state in 10-point type or larger in any 9 disclosure statements concerning the policy, and state to each 10 certificateholder at the time of enrollment under the policy, 11 that the insurer has made such election; and 12 2. Include in such statements a description of the 13 effect of this election. 14 (8)(a) Periods of creditable coverage with respect to 15 an individual shall be established through presentation of 16 certifications described in this subsection or in such other 17 manner as is specified in rules adopted by the department. To 18 the extent possible, such rules must be consistent with 19 regulations adopted by the United States Department of Health 20 and Human Services. 21 (b) An insurer that offers group health insurance 22 coverage shall provide the certification described in 23 paragraph (a): 24 1. At the time an individual ceases to be covered 25 under the plan or otherwise becomes covered under a COBRA 26 continuation provision or continuation pursuant to s. 27 627.6692. 28 2. In the case of an individual becoming covered under 29 a COBRA continuation provision or pursuant to s. 627.6692, at 30 the time the individual ceases to be covered under such a 31 provision. 35 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 3. Upon the request on behalf of an individual made 2 not later than 24 months after the date of cessation of the 3 coverage described in this paragraph. 4 5 The certification under subparagraph 1. may be provided, to 6 the extent practicable, at a time consistent with notices 7 required under any applicable COBRA continuation provision or 8 continuation pursuant to s. 627.6692. 9 (c) The certification described in this section is a 10 written certification that must include: 11 1. The period of creditable coverage of the individual 12 under the policy and the coverage, if any, under such COBRA 13 continuation provision or continuation pursuant to s. 14 627.6692; and 15 2. The waiting period, if any, imposed with respect to 16 the individual for any coverage under such policy. 17 (d) In the case of an election described in subsection 18 (7) by an insurer, if the insurer enrolls an individual for 19 coverage under the plan and the individual provides a 20 certification of coverage of the individual, as provided in 21 this subsection: 22 1. Upon request of such insurer, the insurer that 23 issued the certification provided by the individual shall 24 promptly disclose to such requesting plan or insurer 25 information on coverage of classes and categories of health 26 benefits available under such insurer's plan or coverage. 27 2. Such insurer may charge the requesting insurer for 28 the reasonable cost of disclosing such information. 29 (e) The department shall adopt rules to prevent an 30 insurer's failure to provide information under this subsection 31 with respect to previous coverage of an individual from 36 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 adversely affecting any subsequent coverage of the individual 2 under another group health plan or health insurance coverage. 3 To the greatest extent possible, such rules must be consistent 4 with regulations adopted by the United States Department of 5 Health and Human Services. 6 (9)(a) Except as provided in paragraph (b), no period 7 before July 1, 1996, shall be taken into account in 8 determining creditable coverage. 9 (b) The department shall adopt rules that provide a 10 process whereby individuals who need to establish creditable 11 coverage for periods before July 1, 1996, and who would have 12 such coverage credited but for paragraph (a), may be given 13 credit for creditable coverage for such periods through the 14 presentation of documents or other means. To the greatest 15 extent possible, such rules must be consistent with 16 regulations adopted by the United States Department of Health 17 and Human Services. 18 (10) Except as otherwise provided in this subsection, 19 paragraph (8)(b) applies to events that occur on or after July 20 1, 1996. 21 (a) In no case is a certification required to be 22 provided under paragraph (8)(b) prior to June 1, 1997. 23 (b) In the case of an event that occurs on or after 24 July 1, 1996, and before October 1, 1996, a certification is 25 not required to be provided under paragraph (8)(b), unless an 26 individual, with respect to whom the certification is required 27 to be made, requests such certification in writing. 28 (11) In the case of an individual who seeks to 29 establish creditable coverage for any period for which 30 certification is not required because it relates to an event 31 that occurred before July 1, 1996: 37 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (a) The individual may present evidence of other 2 creditable coverage in order to establish the period of 3 creditable coverage. 4 (b) An insurer is not subject to any penalty or 5 enforcement action with respect to the insurer's crediting, or 6 not crediting, such coverage if the insurer has sought to 7 comply in good faith with applicable provisions of this 8 section. 9 (12) For purposes of subsection (9), any plan 10 amendment made pursuant to a collective bargaining agreement 11 relating to the plan which amends the plan solely to conform 12 to any requirement of this section may not be treated as a 13 termination of such collective bargaining agreement. 14 (13) This section does not apply to any health 15 insurance coverage in relation to its provision of excepted 16 benefits described in paragraph (5)(b). 17 (14) This section does not apply to any health 18 insurance coverage in relation to its provision of excepted 19 benefits described in paragraphs (5)(c), (d), or (e), if the 20 benefits are provided under a separate policy, certificate, or 21 contract of insurance. 22 (15) This section applies to health insurance coverage 23 offered, sold, issued, renewed, or in effect on or after July 24 1, 1997. 25 Section 9. Section 627.65615, Florida Statutes, is 26 created to read: 27 627.65615 Special enrollment periods.-- 28 (1) An insurer that issues a group health insurance 29 policy shall permit an employee who is eligible, but not 30 enrolled, for coverage under the terms of the policy, or a 31 dependent of such an employee if the dependent is eligible but 38 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 not enrolled for coverage under such terms, to enroll for 2 coverage under the terms of the policy if each of the 3 following conditions is met: 4 (a) The employee or dependent was covered under a 5 group health plan or had health insurance coverage at the time 6 coverage was previously offered to the employee or dependent. 7 For the purpose of this section, the terms "group health plan" 8 and "health insurance coverage" have the same meaning ascribed 9 in s. 2791 of the Public Health Service Act. 10 (b) The employee stated in writing at such time that 11 coverage under a group health plan or health insurance 12 coverage was the reason for declining enrollment, but only if 13 the plan sponsor or insurer, if applicable, required such a 14 statement at such time and provided the employee with notice 15 of such requirement and the consequences of such requirement 16 at such time. 17 (c) The employee's or dependent's coverage described 18 in paragraph (a): 19 1. Was under a COBRA continuation provision or 20 continuation pursuant to s. 627.6692, and the coverage under 21 such provision was exhausted; or 22 2. Was not under such a provision and the coverage was 23 terminated as a result of loss of eligibility for the 24 coverage, including legal separation, divorce, death, 25 termination of employment, or reduction in the number of hours 26 of employment, or the coverage was terminated as a result of 27 the termination of employer contributions toward such 28 coverage. 29 (d) Under the terms of the plan, the employee requests 30 such enrollment not later than 30 days after the date of 31 exhaustion of coverage described in subparagraph (c)1., or 39 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 termination or employer contribution described in subparagraph 2 (c)2. 3 (2) For dependent beneficiaries, if: 4 (a) A group health insurance policy makes coverage 5 available with respect to a dependent of an individual; 6 (b) The individual is a participant under the policy, 7 or has met any waiting period applicable to becoming a 8 participant under the policy, and is eligible to be enrolled 9 under the policy but for a failure to enroll during a previous 10 enrollment period; and 11 (c) A person becomes such a dependent of the 12 individual through marriage, birth, or adoption or placement 13 for adoption, 14 15 the insurer shall provide for a dependent special enrollment 16 period described in subsection (3) during which the person, 17 or, if not otherwise enrolled, the individual, may be enrolled 18 under the policy as a dependent of the individual, and in the 19 case of the birth or adoption of a child, the spouse of the 20 individual may be enrolled as a dependent of the individual if 21 such spouse is otherwise eligible for coverage. 22 (3) A dependent special enrollment period under 23 subsection (2) shall be a period of not less than 30 days and 24 shall begin on the later of: 25 (a) The date that dependent coverage is made 26 available; or 27 (b) The date of the marriage, birth, or adoption or 28 placement for adoption described in subsection (2)(c). 29 (4) If an individual seeks to enroll a dependent 30 during the first 30 days of such a dependent special 31 40 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 enrollment period, the coverage of the dependent shall become 2 effective: 3 (a) In the case of marriage, not later than the first 4 day of the first month beginning after the date the completed 5 request for enrollment is received. 6 (b) In the case of a dependent's birth, as of the date 7 of such birth. 8 (c) In the case of dependent's adoption or placement 9 for adoption, the date of such adoption or placement for 10 adoption. 11 Section 10. Section 627.65625, Florida Statutes, is 12 created to read: 13 627.65625 Prohibiting discrimination against 14 individual participants and beneficiaries based on health 15 status.-- 16 (1) Subject to subsection (2), an insurer that offers 17 a group health insurance policy may not establish rules for 18 eligibility, including continued eligibility, of an individual 19 to enroll under the terms of the policy based on any of the 20 following health-status-related factors in relation to the 21 individual or a dependent of the individual: 22 (a) Health status. 23 (b) Medical condition, including physical and mental 24 illnesses. 25 (c) Claims experience. 26 (d) Receipt of health care. 27 (e) Medical history. 28 (f) Genetic information. 29 (g) Evidence of insurability, including conditions 30 arising out of acts of domestic violence. 31 (h) Disability. 41 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (2) Subsection (1) does not: 2 (a) Require an insurer to provide particular benefits 3 other than those provided under the terms of such plan or 4 coverage. 5 (b) Prevent such a plan or coverage from establishing 6 limitations or restrictions on the amount, level, extent, or 7 nature of the benefits or coverage for similarly situated 8 individuals enrolled in the plan or coverage. 9 (3) For purposes of subsection (1), rules for 10 eligibility to enroll under a policy include rules for 11 defining any applicable waiting periods of enrollment. 12 (4)(a) An insurer that offers health insurance 13 coverage may not require any individual, as a condition of 14 enrollment or continued enrollment under the policy, to pay a 15 premium or contribution that is greater than such premium or 16 contribution for a similarly situated individual enrolled 17 under the policy on the basis of any health-status-related 18 factor in relation to the individual or to an individual 19 enrolled under the policy as a dependent of the individual. 20 (b) This subsection does not: 21 1. Restrict the amount that an employer may be charged 22 for coverage under a group health insurance policy; or 23 2. Prevent an insurer that offers group health 24 insurance coverage from establishing premium discounts or 25 rebates or modifying otherwise applicable copayments or 26 deductibles in return for adherence to programs of health 27 promotion and disease prevention. 28 Section 11. Section 627.6571, Florida Statutes, is 29 created to read: 30 627.6571 Guaranteed renewability of coverage.-- 31 42 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (1) Except as otherwise provided in this section, an 2 insurer that issues a group health insurance policy must renew 3 or continue in force such coverage at the option of the 4 policyholder. 5 (2) An insurer may nonrenew or discontinue a group 6 health insurance policy based only on one or more of the 7 following conditions: 8 (a) The policyholder has failed to pay premiums or 9 contributions in accordance with the terms of the policy or 10 the insurer has not received timely premium payments. 11 (b) The policyholder has performed an act or practice 12 that constitutes fraud or made an intentional 13 misrepresentation of material fact under the terms of the 14 policy. 15 (c) The policyholder has failed to comply with a 16 material provision of the plan which relates to rules for 17 employer contributions or group participation. 18 (d) The insurer is ceasing to offer a particular type 19 of coverage in a market in accordance with subsection (3). 20 (e) In the case of an insurer that offers health 21 insurance coverage through a network plan, there is no longer 22 any enrollee in connection with such plan who lives, resides, 23 or works in the service area of the insurer or in the area in 24 which the insurer is authorized to do business and, in the 25 case of the small-group market, the insurer would deny 26 enrollment with respect to such plan under s. 627.6699(5)(i). 27 (f) In the case of health insurance coverage that is 28 made available only through one or more bona fide associations 29 as defined in subsection (5), the membership of an employer in 30 the association, on the basis of which the coverage is 31 provided, ceases, but only if such coverage is terminated 43 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 under this paragraph uniformly without regard to any 2 health-status-related factor that relates to any covered 3 individuals. 4 (3)(a) An insurer may discontinue offering a 5 particular policy form of group health insurance coverage 6 offered in the small-group market or large-group market only 7 if: 8 1. The insurer provides notice to each policyholder 9 provided coverage of this form in such market, and to 10 participants and beneficiaries covered under such coverage, of 11 such discontinuation at least 90 days prior to the date of the 12 discontinuation of such coverage; 13 2. The insurer offers to each policyholder provided 14 coverage of this form in such market the option to purchase 15 all, or in the case of the large-group market, any other 16 health insurance coverage currently being offered by the 17 insurer in such market; and 18 3. In exercising the option to discontinue coverage of 19 this form and in offering the option of coverage under 20 subparagraph 2., the insurer acts uniformly without regard to 21 the claims experience of those policyholders or any 22 health-status-related factor that relates to any participants 23 or beneficiaries covered or new participants or beneficiaries 24 who may become eligible for such coverage. 25 (b)1. In any case in which an insurer elects to 26 discontinue offering all health insurance coverage in the 27 small-group market or the large-group market, or both, in this 28 state, health insurance coverage may be discontinued by the 29 insurer only if: 30 a. The insurer provides notice to the department and 31 to each policyholder, and participants and beneficiaries 44 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 covered under such coverage, of such discontinuation at least 2 180 days prior to the date of the discontinuation of such 3 coverage; and 4 b. All health insurance issued or delivered for 5 issuance in this state in such markets is discontinued and 6 coverage under such health insurance coverage in such market 7 is not renewed. 8 2. In the case of a discontinuation under subparagraph 9 1. in a market, the insurer may not provide for the issuance 10 of any health insurance coverage in the market in this state 11 during the 5-year period beginning on the date of the 12 discontinuation of the last insurance coverage not renewed. 13 (c) A mailing to one household constitutes a mailing 14 to all covered persons residing in that household. A separate 15 mailing is required for each separate household. 16 (4) At the time of coverage renewal, an insurer may 17 modify the health insurance coverage for a product offered: 18 (a) In the large-group market; or 19 (b) In the small-group market if, for coverage that is 20 available in such market other than only through one or more 21 bona fide associations as defined in subsection (5), such 22 modification is consistent with s. 627.6699 and effective on a 23 uniform basis among group health plans with that product. 24 (5) As used in this section, the term "bona fide 25 association" means an association that: 26 (a) Has been actively in existence for at least 5 27 years; 28 (b) Has been formed and maintained in good faith for 29 purposes other than obtaining insurance; 30 (c) Does not condition membership in the association 31 on any health-status-related factor that relates to an 45 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 individual, including an employee of an employer or a 2 dependent of an employee; 3 (d) Makes health insurance coverage offered through 4 the association available to all members regardless of any 5 health-status-related factor that relates to such members or 6 individuals eligible for coverage through a member; and 7 (e) Does not make health insurance coverage offered 8 through the association available other than in connection 9 with a member of the association. 10 (6) In applying this section in the case of health 11 insurance coverage that is made available by an insurer in the 12 small-group market or large-group market to employers only 13 through one or more associations, a reference to 14 "policyholder" is deemed, with respect to coverage provided to 15 an employer member of the association, to include a reference 16 to such employer. 17 Section 12. Section 627.6574, Florida Statutes, 1996 18 Supplement, is amended to read: 19 627.6574 Maternity care.-- 20 (1) Any group, blanket, or franchise policy of health 21 insurance that provides coverage for maternity care must shall 22 also cover the services of certified nurse-midwives and 23 midwives licensed pursuant to chapter 467, and the services of 24 birth centers licensed under ss. 383.30-383.335. 25 (2) Any group, blanket, or franchise policy of health 26 insurance that provides maternity and newborn coverage may not 27 limit coverage for the length of a maternity and newborn stay 28 in a hospital or for followup care outside of a hospital to 29 any time period that is less than that determined to be 30 medically necessary, in accordance with prevailing medical 31 standards and consistent with proposed 1996 guidelines for 46 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 perinatal care of the American Academy of Pediatrics or the 2 American College of Obstetricians and Gynecologists as 3 proposed on May 1, 1996, by the treating obstetrical care 4 provider or the pediatric care provider. 5 (3) Nothing in This section does not affect affects 6 any agreement between an insurer and a hospital or other 7 health care provider with respect to reimbursement for health 8 care services provided, rate negotiations with providers, or 9 capitation of providers, and this section does not prohibit or 10 prohibits appropriate utilization review or case management by 11 an insurer. 12 (4) Any group, blanket, or franchise policy of health 13 insurance that provides coverage, benefits, or services for 14 maternity or newborn care must provide coverage for 15 postdelivery care for a mother and her newborn infant. The 16 postdelivery care must include a postpartum assessment and 17 newborn assessment and may be provided at the hospital, at the 18 attending physician's office, at an outpatient maternity 19 center, or in the home by a qualified licensed health care 20 professional trained in mother and baby care. The services 21 must include physical assessment of the newborn and mother, 22 and the performance of any medically necessary clinical tests 23 and immunizations in keeping with prevailing medical 24 standards. 25 (5) An insurer subject to subsection (1) shall 26 communicate active case questions and concerns regarding 27 postdelivery care directly to the treating physician or 28 hospital in written form, in addition to other forms of 29 communication. Such insurers shall also use a process that 30 which includes a written protocol for utilization review and 31 quality assurance. 47 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (6) An insurer subject to subsection (1) may not: 2 (a) Deny to a mother or her newborn infant 3 eligibility, or continued eligibility, to enroll or to renew 4 coverage under the terms of the policy for the purpose of 5 avoiding the requirements of this section. 6 (b) Provide monetary payments or rebates to a mother 7 to encourage the mother to accept less than the minimum 8 protections available under this section. 9 (c) Penalize or otherwise reduce or limit the 10 reimbursement of an attending provider solely because the 11 attending provider provided care to an individual participant 12 or beneficiary in accordance with this section. 13 (d) Provide incentives, monetary or otherwise, to an 14 attending provider solely to induce the provider to provide 15 care to an individual participant or beneficiary in a manner 16 inconsistent with this section. 17 (e) Subject to paragraph (7)(c), restrict benefits for 18 any portion of a period within a hospital length of stay 19 required under subsection (2) in a manner that is less 20 favorable than the benefits provided for any preceding portion 21 of such stay. 22 (7)(a) This section does not require a mother who is a 23 participant or beneficiary to: 24 1. Give birth in a hospital. 25 2. Stay in the hospital for a fixed period of time 26 following the birth of her infant. 27 (b) This section does not apply with respect to any 28 health insurance coverage that does not provide benefits for 29 hospital lengths of stay in connection with childbirth for a 30 mother or her newborn infant. 31 48 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (c) This section does not prevent a policy from 2 imposing deductibles, coinsurance, or other cost-sharing in 3 relation to benefits for hospital lengths of stay in 4 connection with childbirth for a mother or her newborn infant, 5 except that such coinsurance or other cost-sharing for any 6 portion of a period within a hospital length of stay required 7 under subsection (2) may not be greater than such coinsurance 8 or cost-sharing for any preceding portion of such stay. 9 Section 13. Subsection (1), paragraph (a) of 10 subsection (3), and subsection (11) of section 627.6675, 11 Florida Statutes, are amended, to read: 12 627.6675 Conversion on termination of 13 eligibility.--Subject to all of the provisions of this 14 section, a group policy delivered or issued for delivery in 15 this state by an insurer or nonprofit health care services 16 plan that provides, on an expense-incurred basis, hospital, 17 surgical, or major medical expense insurance, or any 18 combination of these coverages, shall provide that an employee 19 or member whose insurance under the group policy has been 20 terminated for any reason, including discontinuance of the 21 group policy in its entirety or with respect to an insured 22 class, and who has been continuously insured under the group 23 policy, and under any group policy providing similar benefits 24 that the terminated group policy replaced, for at least 3 25 months immediately prior to termination, shall be entitled to 26 have issued to him by the insurer a policy or certificate of 27 health insurance, referred to in this section as a "converted 28 policy." An employee or member shall not be entitled to a 29 converted policy if termination of his insurance under the 30 group policy occurred because he failed to pay any required 31 contribution, or because any discontinued group coverage was 49 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 replaced by similar group coverage within 31 days after 2 discontinuance. 3 (1) TIME LIMIT.--Written application for the converted 4 policy shall be made and the first premium must be paid to the 5 insurer, not later than 63 31 days after termination of the 6 group policy. 7 (3) CONVERSION PREMIUM; EFFECT ON PREMIUM RATES FOR 8 GROUP COVERAGE.-- 9 (a) The premium for the converted policy shall be 10 determined in accordance with premium rates applicable to the 11 age and class of risk of each person to be covered under the 12 converted policy and to the type and amount of insurance 13 provided. However, the premium for the converted policy may 14 not exceed 200 percent of the standard risk rate as 15 established by the Florida Comprehensive Health Association, 16 adjusted for differences in benefit levels and structure 17 between the converted policy and the policy offered by the 18 Florida Comprehensive Health Association. 19 (11) ALTERNATIVE PLANS.--The insurer shall, in 20 addition to the option required by subsection (10), offer the 21 standard health benefit plan, as established pursuant to s. 22 627.6699(12). The insurer may, at its option, also offer 23 alternative plans for group health conversion in addition to 24 the plans one required by this section. 25 Section 14. (1) The changes made by this act to 26 section 627.6675, Florida Statutes, apply to conversion 27 policies offered, sold, issued, or renewed on or after January 28 1, 1998. 29 (2) An individual who was entitled on July 1, 1997, to 30 a conversion policy under section 627.6675, Florida Statutes, 31 shall be entitled on January 1, 1998, to a conversion policy 50 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 meeting the requirements of section 627.6675, Florida 2 Statutes, as amended by this act. Such an individual shall 3 remain entitled to a conversion policy for the same period of 4 time after January 1, 1998, as the individual would have 5 remained eligible after July 1, 1997, including the condition 6 that application for coverage be made within 63 days of the 7 termination of the group coverage. 8 Section 15. Subsections (3), (5), and (7), and 9 paragraph (b) of subsection (11) of section 627.6699, Florida 10 Statutes, 1996 Supplement, are amended, and present 11 subsections (14) and (15) of that section are redesignated as 12 subsections (15) and (16), respectively, and a new subsection 13 (14) is added to that section, to read: 14 627.6699 Employee Health Care Access Act.-- 15 (3) DEFINITIONS.--As used in this section, the term: 16 (a) "Actuarial certification" means a written 17 statement, by a member of the American Academy of Actuaries or 18 another person acceptable to the department, that a small 19 employer carrier is in compliance with subsection (6), based 20 upon the person's examination, including a review of the 21 appropriate records and of the actuarial assumptions and 22 methods used by the carrier in establishing premium rates for 23 applicable health benefit plans. 24 (b) "Basic health benefit plan" and "standard health 25 benefit plan" mean low-cost health care plans developed 26 pursuant to subsection (12). 27 (c) "Board" means the board of directors of the 28 program. 29 (d) "Carrier" means a person who provides health 30 benefit plans in this state, including an authorized insurer, 31 a health maintenance organization, a multiple-employer welfare 51 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 arrangement, or any other person providing a health benefit 2 plan that is subject to insurance regulation in this state. 3 However, the term does not include a multiple-employer welfare 4 arrangement, which multiple-employer welfare arrangement 5 operates solely for the benefit of the members or the members 6 and the employees of such members, and was in existence on 7 January 1, 1992. 8 (e) "Case management program" means the specific 9 supervision and management of the medical care provided or 10 prescribed for a specific individual, which may include the 11 use of health care providers designated by the carrier. 12 (f) "Creditable coverage" has the same meaning 13 ascribed in s. 627.6561. 14 (g)(f) "Dependent" means the spouse or child of an 15 eligible employee, subject to the applicable terms of the 16 health benefit plan covering that employee. 17 (h)(g) "Eligible employee" means an employee who works 18 full time, having a normal workweek of 25 or more hours, and 19 who has met any applicable waiting-period requirements or 20 other requirements of this act. The term includes a 21 self-employed individual, a sole proprietor, a partner of a 22 partnership, or an independent contractor, if the sole 23 proprietor, partner, or independent contractor is included as 24 an employee under a health benefit plan of a small employer, 25 but does not include a part-time, temporary, or substitute 26 employee. 27 (i)(h) "Established geographic area" means the county 28 or counties, or any portion of a county or counties, within 29 which the carrier provides or arranges for health care 30 services to be available to its insureds, members, or 31 subscribers. 52 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (j)(i) "Guaranteed-issue basis" means an insurance 2 policy that must be offered to an employer, employee, or 3 dependent of the employee, regardless of health status, 4 preexisting conditions, or claims history. 5 (k)(j) "Health benefit plan" means any hospital or 6 medical policy or certificate, hospital or medical service 7 plan contract, or health maintenance organization subscriber 8 contract. The term does not include accident-only, specified 9 disease, individual hospital indemnity, credit, dental-only, 10 vision-only, Medicare supplement, long-term care, or 11 disability income insurance; coverage issued as a supplement 12 to liability insurance; workers' compensation or similar 13 insurance; or automobile medical-payment insurance. 14 (l)(k) "Late enrollee" means an eligible employee or 15 dependent as defined under s. 627.6561(1)(b). who requests 16 enrollment in a health benefit plan of a small employer after 17 the initial enrollment period provided under the terms of the 18 plan has ended. However, an eligible employee or dependent is 19 not considered a late enrollee if the enrollee: 20 1. Was covered under another employer health benefit 21 plan at the time the individual was eligible to enroll; lost 22 coverage under that plan as a result of termination of 23 employment, the termination of the other plan's coverage, the 24 death of a spouse, or divorce; and requests enrollment within 25 30 days after coverage under that plan was terminated; 26 2. The individual is employed by an employer that 27 offers multiple health benefit plans and the individual elects 28 a different plan during an open enrollment period; or 29 3. A court has ordered that coverage be provided for a 30 spouse or minor child under a covered employee's health 31 53 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 benefit plan and a request for enrollment is made within 30 2 days after issuance of the court order. 3 (m)(l) "Limited benefit policy or contract" means a 4 policy or contract that provides coverage for each person 5 insured under the policy for a specifically named disease or 6 diseases, a specifically named accident, or a specifically 7 named limited market that fulfills an experimental or 8 reasonable need, such as the small group market. 9 (n)(m) "Modified community rating" means a method used 10 to develop carrier premiums which spreads financial risk 11 across a large population and allows adjustments for age, 12 gender, family composition, tobacco usage, and geographic area 13 as determined under paragraph (5)(j)(k). 14 (o)(n) "Participating carrier" means any carrier that 15 issues health benefit plans in this state except a small 16 employer carrier that elects to be a risk-assuming carrier. 17 (p)(o) "Plan of operation" means the plan of operation 18 of the program, including articles, bylaws, and operating 19 rules, adopted by the board under subsection (11). 20 (p) "Preexisting condition provision" means a policy 21 provision that excludes coverage for charges or expenses 22 incurred during a specified period following the insured's 23 effective date of coverage, as to: 24 1. A condition that, during a specified period 25 immediately preceding the effective date of coverage, had 26 manifested itself in such a manner as would cause an 27 ordinarily prudent person to seek medical advice, diagnosis, 28 care, or treatment or for which medical advice, diagnosis, 29 care, or treatment was recommended or received as to that 30 condition; or 31 54 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 2. Pregnancy existing on the effective date of 2 coverage. 3 (q) "Program" means the Florida Small Employer Carrier 4 Reinsurance Program created under subsection (11). 5 (r) "Qualifying previous coverage" and "qualifying 6 existing coverage" mean benefits or coverage provided under: 7 1. An employer-based health insurance or health 8 benefit arrangement that provides benefits similar to or 9 exceeding benefits provided under the basic health plan; or 10 2. An individual health insurance policy, including 11 coverage issued by a health maintenance organization, a 12 fraternal benefit society, or a multiple-employer welfare 13 arrangement, that provides benefits similar to or exceeding 14 the benefits provided under the basic health benefit plan, 15 provided that such policy has been in effect for a period of 16 at least 1 year. 17 (r)(s) "Rating period" means the calendar period for 18 which premium rates established by a small employer carrier 19 are assumed to be in effect. 20 (s)(t) "Reinsuring carrier" means a small employer 21 carrier that elects to comply with the requirements set forth 22 in subsection (11). 23 (t)(u) "Risk-assuming carrier" means a small employer 24 carrier that elects to comply with the requirements set forth 25 in subsection (10). 26 (u)(v) "Self-employed individual" means an individual 27 or sole proprietor who derives his or her income from a trade 28 or business carried on by the individual or sole proprietor 29 which results in taxable income as indicated on IRS Form 1040, 30 schedule C or F, and which generated taxable income in one of 31 the 2 previous years. 55 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (v)(w) "Small employer" means, in connection with a 2 health benefit plan with respect to a calendar year and a plan 3 year, any person, sole proprietor, self-employed individual, 4 independent contractor, firm, corporation, partnership, or 5 association that is actively engaged in business, has its 6 principal place of business in this state, and that, on at 7 least 50 percent of its working days during the preceding 8 calendar quarter, employed an average of at least one but not 9 more than 50 eligible employees on business days during the 10 preceding calendar year, and employed at least one employee on 11 the first day of the plan year, the majority of whom were 12 employed within this state. In determining the number of 13 eligible employees, companies that are affiliated companies, 14 or that are eligible to file a combined tax return for 15 purposes of state taxation, may be considered a single 16 employer. For purposes of this section, a sole proprietor, an 17 independent contractor, or a self-employed individual is 18 considered a small employer only if all of the conditions and 19 criteria established in this section are met. 20 (w)(x) "Small employer carrier" means a carrier that 21 offers health benefit plans covering eligible employees of one 22 or more small employers. 23 (5) AVAILABILITY OF COVERAGE.-- 24 (a) Beginning January 1, 1993, every small employer 25 carrier issuing new health benefit plans to small employers in 26 this state must, as a condition of transacting business in 27 this state, offer to eligible small employers a standard 28 health benefit plan and a basic health benefit plan. Such a 29 small employer carrier shall issue a standard health benefit 30 plan or a basic health benefit plan to every eligible small 31 employer that elects to be covered under such plan, agrees to 56 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 make the required premium payments under such plan, and to 2 satisfy the other provisions of the plan. 3 (b) In the case of a small employer carrier which does 4 not, on or after January 1, 1993, offer coverage but which 5 does, on or after January 1, 1993, renew or continue coverage 6 in force, such carrier shall be required to provide coverage 7 to newly eligible employees and dependents on the same basis 8 as small employer carriers which are offering coverage on or 9 after January 1, 1993. 10 (c) Every small employer carrier must, as a condition 11 of transacting business in this state: 12 1. Beginning January 1, 1994, offer and issue all 13 small employer health benefit plans on a guaranteed-issue 14 basis to every eligible small employer, with 3 to 50 eligible 15 employees, that elects to be covered under such plan, agrees 16 to make the required premium payments, and satisfies the other 17 provisions of the plan. A rider for additional or increased 18 benefits may be medically underwritten and may only be added 19 to the standard health benefit plan. The increased rate 20 charged for the additional or increased benefit must be rated 21 in accordance with this section. 22 2. Beginning April 15, 1994, offer and issue basic and 23 standard small employer health benefit plans on a 24 guaranteed-issue basis to every eligible small employer, with 25 one or two eligible employees, which elects to be covered 26 under such plan, agrees to make the required premium payments, 27 and satisfies the other provisions of the plan. A rider for 28 additional or increased benefits may be medically underwritten 29 and may only be added to the standard health benefit plan. 30 The increased rate charged for the additional or increased 31 benefit must be rated in accordance with this section. 57 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 3. Offer to eligible small employers the standard and 2 basic health benefit plans. This subparagraph does not limit 3 a carrier's ability to offer other health benefit plans to 4 small employers if the standard and basic health benefit plans 5 are offered and rejected. 6 (d) A small employer carrier must file with the 7 department, in a format and manner prescribed by the 8 committee, a standard health care plan and a basic health care 9 plan to be used by the carrier. 10 (e) The department at any time may, after providing 11 notice and an opportunity for a hearing, disapprove the 12 continued use by the small employer carrier of the standard or 13 basic health benefit plan on the grounds that such plan does 14 not meet the requirements of this section. 15 (f) Except as provided in paragraph (g), a health 16 benefit plan covering small employers, issued or renewed on or 17 after October 1, 1992, must comply with preexisting condition 18 provisions specified in s. 627.6561 or, for health maintenance 19 contracts, in s. 641.31071. the following provisions: 20 1. Preexisting condition provisions must not exclude 21 coverage for a period beyond 12 months following the 22 individual's effective date of coverage; and 23 2. Preexisting condition provisions may relate only 24 to: 25 a. Conditions that, during the 6-month period 26 immediately preceding the effective date of coverage, had 27 manifested themselves in such a manner as would cause an 28 ordinarily prudent person to seek medical advice, diagnosis, 29 care, or treatment or for which medical advice, diagnosis, 30 care, or treatment was recommended or received; or 31 58 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 b. A pregnancy existing on the effective date of 2 coverage. 3 (g) A health benefit plan covering small employers, 4 issued or renewed on or after January 1, 1994, must comply 5 with the following conditions: 6 1. All health benefit plans must be offered and issued 7 on a guaranteed-issue basis, except that benefits purchased 8 through riders as provided in paragraph (c) may be medically 9 underwritten for the group, but may not be individually 10 underwritten as to the employees or the dependents of such 11 employees. Additional or increased benefits may only be 12 offered by riders. 13 2. The provisions of paragraph (f) apply to health 14 benefit plans issued to a small employer who has two three or 15 more eligible employees, and to health benefit plans that are 16 issued to a small employer who has fewer than two three 17 eligible employees and that cover an employee who has had 18 creditable qualifying previous coverage continually to a date 19 not more than 63 30 days before the effective date of the new 20 coverage. 21 3. With respect to any employee or dependent excluded 22 from coverage due to disease or medical condition or whose 23 coverage had been restricted for certain diseases or medical 24 conditions prior to January 1, 1993, and who has continued to 25 be an eligible employee or dependent as of April 1, 1993, an 26 open enrollment period shall be provided for a 90-day period 27 beginning within 60 days following the effective date of this 28 act, during which period any such employee or dependent shall 29 be entitled to be included within coverage and/or issued 30 coverage without restrictions for certain diseases or medical 31 conditions. 59 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 3.4. For health benefit plans that are issued to a 2 small employer who has fewer than two three employees and that 3 cover an employee who has not been continually covered by 4 creditable qualifying previous coverage within 63 30 days 5 before the effective date of the new coverage, preexisting 6 condition provisions must not exclude coverage for a period 7 beyond 24 months following the employee's effective date of 8 coverage and may relate only to: 9 a. Conditions that, during the 24-month period 10 immediately preceding the effective date of coverage, had 11 manifested themselves in such a manner as would cause an 12 ordinarily prudent person to seek medical advice, diagnosis, 13 care, or treatment or for which medical advice, diagnosis, 14 care, or treatment was recommended or received; or 15 b. A pregnancy existing on the effective date of 16 coverage. 17 (h) All health benefit plans issued under this section 18 must comply with the following conditions: 19 1. In determining whether a preexisting condition 20 provision applies to an eligible employee or dependent, credit 21 must be given for the time the person was covered under 22 qualifying previous coverage if the previous coverage was 23 continuous to a date not more than 30 days prior to the 24 effective date of the new coverage, exclusive of any 25 applicable waiting period under the plan. 26 2. Late enrollees may be excluded from coverage only 27 for the greater of 18 months or the period of an 18-month 28 preexisting condition exclusion; however, if both a period of 29 exclusion from coverage and a preexisting condition exclusion 30 are applicable to a late enrollee, the combined period may not 31 exceed 18 months after the effective date of coverage. For 60 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 employers who have fewer than two three employees, a late 2 enrollee may be excluded from coverage for no longer than 24 3 months if he was not covered by creditable qualifying previous 4 coverage continually to a date not more than 63 30 days before 5 the effective date of his new coverage. 6 2.3. Any requirement used by a small employer carrier 7 in determining whether to provide coverage to a small employer 8 group, including requirements for minimum participation of 9 eligible employees and minimum employer contributions, must be 10 applied uniformly among all small employer groups having the 11 same number of eligible employees applying for coverage or 12 receiving coverage from the small employer carrier. A small 13 employer carrier may vary application of minimum participation 14 requirements and minimum employer contribution requirements 15 only by the size of the small employer group. 16 3.4. In applying minimum participation requirements 17 with respect to a small employer, a small employer carrier 18 shall not consider as an eligible employee employees or 19 dependents who have qualifying existing coverage in an 20 employer-based group insurance plan or an ERISA qualified 21 self-insurance plan in determining whether the applicable 22 percentage of participation is met. However, a small employer 23 carrier may count eligible employees and dependents who have 24 coverage under another health plan that is sponsored by that 25 employer except if such plan is offered pursuant to s. 26 408.706. 27 4.5. A small employer carrier shall not increase any 28 requirement for minimum employee participation or any 29 requirement for minimum employer contribution applicable to a 30 small employer at any time after the small employer has been 31 accepted for coverage, unless the employer size has changed, 61 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 in which case the small employer carrier may apply the 2 requirements that are applicable to the new group size. 3 5.6. If a small employer carrier offers coverage to a 4 small employer, it must offer coverage to all the small 5 employer's eligible employees and their dependents. A small 6 employer carrier may not offer coverage limited to certain 7 persons in a group or to part of a group, except with respect 8 to late enrollees. 9 6.7. A small employer carrier may not modify any 10 health benefit plan issued to a small employer with respect to 11 a small employer or any eligible employee or dependent through 12 riders, endorsements, or otherwise to restrict or exclude 13 coverage for certain diseases or medical conditions otherwise 14 covered by the health benefit plan. 15 7.8. An initial enrollment period of at least 30 days 16 must be provided. An annual 30-day open enrollment period 17 must be offered to each small employer's eligible employees 18 and their dependents. A small employer carrier must provide 19 special enrollment periods as required by s. 627.65615. 20 (i)1. A small employer carrier need not offer coverage 21 or accept applications pursuant to paragraph (a): 22 a. To a small employer if the small employer is not 23 physically located in an established geographic service area 24 of the small employer carrier, provided such geographic 25 service area shall not be less than a county; 26 b. To an employee if the employee does not work or 27 reside within an established geographic service area of the 28 small employer carrier; or 29 c. To a small employer group within an area in which 30 the small employer carrier reasonably anticipates, and 31 demonstrates to the satisfaction of the department, that it 62 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 cannot, within its network of providers, deliver service 2 adequately to the members of such groups because of 3 obligations to existing group contract holders and enrollees. 4 2. A small employer carrier that cannot offer coverage 5 pursuant to sub-subparagraph 1.c. may not offer coverage in 6 the applicable area to new cases of employer groups having 7 more than 50 eligible employees or small employer groups until 8 the later of 180 days following each such refusal or the date 9 on which the carrier notifies the department that it has 10 regained its ability to deliver services to small employer 11 groups. 12 3.a. A small employer carrier may deny health 13 insurance coverage in the small-group market if the carrier 14 has demonstrated to the department that: 15 (I) It does not have the financial reserves necessary 16 to underwrite additional coverage; and 17 (II) It is applying this sub-subparagraph uniformly to 18 all employers in the small-group market in this state 19 consistent with this section and without regard to the claims 20 experience of those employers and their employees and their 21 dependents or any health-status-related factor that relates to 22 such employees and dependents. 23 b. A small employer carrier, upon denying health 24 insurance coverage in connection with health benefit plans in 25 accordance with sub-subparagraph a., may not offer coverage in 26 connection with group health benefit plans in the small-group 27 market in this state for a period of 180 days after the date 28 such coverage is denied or until the insurer has demonstrated 29 to the department that the insurer has sufficient financial 30 reserves to underwrite additional coverage, whichever is 31 later. The department may provide for the application of this 63 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 sub-subparagraph on a service-area-specific basis. The 2 department shall, by rule, require each small employer carrier 3 to report, along with its annual statement for calendar year 4 1992, its gross annual premiums for health benefit plans 5 issued to small employers during calendar year 1992, including 6 both new and renewal business. No later than May 1, 1993, the 7 department shall calculate each carrier's percentage of all 8 small employer carrier premiums for calendar year 1992. 9 b. During calendar year 1993, a small employer carrier 10 may elect to not offer coverage or accept applications 11 pursuant to paragraph (a): 12 (I) After its gross annual premiums for all small 13 employer group health benefit plans written or renewed for 14 that year, excluding blocks of business assumed from other 15 carriers, exceeds 25 percent of the total of all small 16 employer carrier premiums for calendar year 1992; or 17 (II) After its gross annual premiums for small 18 employer group health benefit plans written or renewed for 19 that year, excluding blocks of business assumed from other 20 carriers, exceeds three times that carrier's gross annual 21 premiums for small employer group health benefit plans written 22 or renewed during calendar year 1992, if its share of small 23 employer carrier business for calendar year 1992 calculated 24 under sub-subparagraph a. exceeds 2 percent. 25 c. The election under sub-subparagraph b. is effective 26 upon filing of a notice of election with the department. The 27 department may, within 30 days after the filing of the notice, 28 disapprove the election if it finds that the carrier does not 29 meet the criteria of sub-subparagraph b. If the department 30 disapproves the election, the carrier is subject to paragraph 31 (a), effective on the date of such disapproval. 64 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 d. An election under sub-subparagraph b. expires on 2 December 31, 1993, or upon revocation, whichever occurs 3 earlier. 4 e. A carrier may file with the department a notice 5 revoking its election under sub-subparagraph b. after the 6 election has been in effect for at least 3 months. Such 7 revocation of an election takes effect on the first day of the 8 calendar quarter following the filing of such notice with the 9 department and subjects the carrier to all requirements of 10 paragraph (a). 11 f. While a carrier's election under sub-subparagraph 12 b. is in effect, the carrier may not write any further small 13 employer group health benefit plans. 14 g. A carrier may not make an election under 15 sub-subparagraph b. more than once. 16 4.a. Beginning in 1994, the department shall, by rule, 17 require each small employer carrier to report, on or before 18 March 1 of each year, its gross annual premiums for all health 19 benefit plans issued to small employers during the previous 20 calendar year, and also to report its gross annual premiums 21 for new, but not renewal, standard and basic health benefit 22 plans subject to this section issued during the previous 23 calendar year. No later than May 1 of each year, the 24 department shall calculate each carrier's percentage of all 25 small employer group health premiums for the previous calendar 26 year and shall calculate the aggregate gross annual premiums 27 for new, but not renewal, standard and basic health benefit 28 plans for the previous calendar year. 29 b. Beginning with calendar year 1994, a small employer 30 carrier may elect to not offer coverage or accept applications 31 pursuant to paragraph (a): 65 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (I) After its gross annual premiums for new, but not 2 renewal, health benefit plans subject to this section for that 3 year, excluding blocks of business assumed from other 4 carriers, exceeds 25 percent of the aggregate gross annual 5 premiums for new, but not renewal, health benefit plans 6 subject to this section for the previous calendar year as 7 determined under sub-subparagraph a.; or 8 (II) After its gross annual premiums for new, but not 9 renewal, health benefit plans subject to this section, 10 excluding blocks of business assumed from other carriers, 11 exceeds three times the carrier's percentage of all small 12 employer group premiums for the previous calendar year as 13 determined under sub-subparagraph a., multiplied by the 14 aggregate gross annual premiums for new health benefit plans 15 for the previous year as determined under sub-subparagraph a. 16 A carrier may not exercise this option unless its percentage 17 of all small employer group premiums for the previous calendar 18 year as determined under sub-subparagraph a. exceeds 2 19 percent. 20 c. The election under sub-subparagraph b. is effective 21 upon filing of a notice of election with the department. The 22 department may, within 30 days after the filing of the notice, 23 disapprove the election if it finds that the carrier does not 24 meet the criteria of sub-subparagraph b. If the department 25 disapproves the election, the carrier is subject to paragraph 26 (a), effective on the date of such disapproval. 27 d. An election under sub-subparagraph b. expires on 28 December 31 of the year in which the election was made or upon 29 revocation, whichever occurs earlier. 30 e. A carrier may file with the department a notice 31 revoking its election under sub-subparagraph b. after the 66 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 election has been in effect for at least 3 months. Such 2 revocation of an election takes effect on the first day of the 3 calendar quarter following the filing of such notice with the 4 department and subjects the carrier to all requirements of 5 paragraph (a). 6 f. While a carrier's election under sub-subparagraph 7 b. is in effect, the carrier may not write any further new 8 small employer group health benefit plans during the remainder 9 of the calendar year. 10 g. A carrier may not make an election under 11 sub-subparagraph b. more than once in any calendar year. 12 (j) A small employer carrier may not offer coverage or 13 accept applications pursuant to paragraph (a) if the 14 department finds that the acceptance of an application or 15 applications would endanger the financial condition of the 16 small employer carrier or endanger the interests of the small 17 employer carrier's insureds. 18 (j)(k) The boundaries of geographic areas used by a 19 small employer carrier must coincide with county lines. A 20 carrier may not apply different geographic rating factors to 21 the rates of small employers located within the same county. 22 (7) RENEWABILITY OF COVERAGE.--Except as provided in 23 paragraph (b), A health benefit plan that is subject to this 24 section is renewable for all eligible employees and dependents 25 pursuant to s. 627.6571. at the option of the small employer, 26 except for any of the following reasons: 27 (a) Nonpayment of required premiums; 28 (b) Fraud or misrepresentation by the small employer 29 or fraud or misrepresentation by the insured individual or 30 subscriber or the individual's or subscriber's representative; 31 (c) Noncompliance with plan provisions; 67 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (d) Noncompliance with the carrier's minimum 2 participation requirements; 3 (e) Noncompliance with the carrier's employer 4 contribution requirements; 5 (f) The small employer's termination of the business 6 in which it was engaged on the effective date of the plan; or 7 (g) A determination by the department that the 8 continuation of the coverage is not in the best interest of 9 the policyholders or certificateholders or will impair the 10 carrier's ability to meet its contractual obligations. In 11 such instances, the department must assist affected small 12 employers in finding replacement coverage. 13 (11) SMALL EMPLOYER HEALTH REINSURANCE PROGRAM.-- 14 (b)1. The program shall operate subject to the 15 supervision and control of the board. 16 2. Until December 31, 1993, the board shall consist of 17 the commissioner or his designee, who shall serve as chairman, 18 and seven additional members appointed by the commissioner on 19 or before May 1, 1992, as follows: 20 a. One member shall be a representative of the largest 21 health insurer in the state, as determined by market share as 22 of December 31, 1991. 23 b. One member shall be a representative of the largest 24 health maintenance organization in the state, as determined by 25 market share as of December 31, 1991. 26 c. Three members shall be selected from a list of 27 individuals recommended by the Health Insurance Association of 28 America. 29 d. Two members shall be selected from a list of 30 individuals recommended by the Florida Insurance Council. 31 68 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 The terms of members appointed under this subparagraph expire 2 on December 31, 1993. The appointment of a member under this 3 subparagraph does not preclude the commissioner from 4 appointing the same person to serve as a member under 5 subparagraph 3. 6 3. Beginning January 1, 1994, the board shall consist 7 of the commissioner or his designee, who shall serve as 8 chairman, and eight additional members who are representatives 9 of carriers and are appointed by the commissioner. and serve 10 as follows: 11 4. Effective upon this act becoming a law, the board 12 shall consist of the commissioner or his or her designee, who 13 shall serve as the chairperson, and 13 additional members who 14 are representatives of carriers and insurance agents and are 15 appointed by the commissioner and serve as follows: 16 a. The commissioner shall include representatives of 17 small employer carriers subject to assessment under this 18 subsection. If two or more carriers elect to be risk-assuming 19 carriers, the membership must include at least two 20 representatives of risk-assuming carriers; if one carrier is 21 risk-assuming, one member must be a representative of such 22 carrier. At least one member must be a carrier who is subject 23 to the assessments, but is not a small employer carrier. 24 Subject to such restrictions, at least five members shall be 25 selected from individuals recommended by small employer 26 carriers pursuant to procedures provided by rule of the 27 department. Three members shall be selected from a list of 28 health insurance carriers that issue individual health 29 insurance policies. At least two of the three members selected 30 must be reinsuring carriers. Two members shall be selected 31 69 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 from a list of insurance agents who are actively engaged in 2 the sale of health insurance. 3 b. A member appointed under this subparagraph shall 4 serve a term of 4 years and shall continue in office until the 5 member's successor takes office, except that, in order to 6 provide for staggered terms, the commissioner shall designate 7 two of the initial appointees under this subparagraph to serve 8 terms of 2 years and shall designate three of the initial 9 appointees under this subparagraph to serve terms of 3 years. 10 5.4. The commissioner may remove a member for cause. 11 6.5. Vacancies on the board shall be filled in the 12 same manner as the original appointment for the unexpired 13 portion of the term. 14 7.6. The commissioner may require an entity that 15 recommends persons for appointment to submit additional lists 16 of recommended appointees. 17 (14) DISCLOSURE OF INFORMATION.-- 18 (a) In connection with the offering of a health 19 benefit plan to a small employer, a small employer carrier 20 shall: 21 1. Make a reasonable disclosure to such employer, as 22 part of its solicitation and sales materials, of the 23 availability of information described in paragraph (b); and 24 2. Upon request of the small employer, provide such 25 information. 26 (b)1. Subject to subparagraph 3., with respect to a 27 small employer carrier that offers a health benefit plan to a 28 small employer, information described in this paragraph is 29 information that concerns: 30 31 70 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 a. The provisions of such coverage concerning an 2 insurer's right to change premium rates and the factors that 3 may affect changes in premium rates; 4 b. The provisions of such coverage that relate to 5 renewability of coverage; 6 c. The provisions of such coverage that relate to any 7 preexisting condition exclusions; and 8 d. The benefits and premiums available under all 9 health insurance coverage for which the employer is qualified. 10 2. Information required under this subsection shall be 11 provided to small employers in a manner determined to be 12 understandable by the average small employer, and shall be 13 sufficient to reasonably inform small employers of their 14 rights and obligations under the health insurance coverage. 15 3. An insurer is not required under this subsection to 16 disclose any information that is proprietary or a trade secret 17 under state law. 18 Section 16. Section 627.9404, Florida Statutes, 1996 19 Supplement, is amended to read: 20 627.9404 Definitions.--For the purposes of this part: 21 (1) "Long-term care insurance" means any insurance 22 policy or rider advertised, marketed, offered, or designed to 23 provide coverage on an expense-incurred, indemnity, prepaid, 24 or other basis for one or more necessary or medically 25 necessary diagnostic, preventive, therapeutic, curing, 26 treating, mitigating, rehabilitative, maintenance, or personal 27 care services provided in a setting other than an acute care 28 unit of a hospital. Long-term care insurance shall not 29 include any insurance policy which is offered primarily to 30 provide basic Medicare supplement coverage, basic hospital 31 expense coverage, basic medical-surgical expense coverage, 71 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 hospital confinement indemnity coverage, major medical expense 2 coverage, disability income protection coverage, accident only 3 coverage, specified disease or specified accident coverage, or 4 limited benefit health coverage. 5 (2) "Applicant" means: 6 (a) In the case of an individual long-term care 7 insurance policy, the person who seeks to contract for 8 benefits. 9 (b) In the case of a group long-term care insurance 10 policy, the proposed certificateholder. 11 (3) "Certificate" means any certificate issued under a 12 group long-term care insurance policy, which policy has been 13 delivered or issued for delivery in this state. 14 (4) "Chronically ill" means certified, within the 15 preceding 12-month period, by a licensed health care 16 practitioner as: 17 (a) Being unable to perform, without substantial 18 assistance from another individual, at least two activities of 19 daily living for a period of at least 90 days due to a loss of 20 functional capacity; 21 (b) Having a level of disability similar to the level 22 of disability described in paragraph (a); or 23 (c) Requiring substantial supervision for protection 24 from threats to health and safety due to severe cognitive 25 impairment. 26 (5)(4) "Cognitive impairment" means a deficiency in a 27 person's short-term or long-term memory, orientation as to 28 person, place, and time, deductive or abstract reasoning, or 29 judgment as it relates to safety awareness. 30 (6) "Licensed health care practitioner" means any 31 physician, nurse licensed under chapter 464, or 72 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 psychotherapist licensed under chapter 490 or chapter 491, or 2 any individual who meets any requirements prescribed by rule 3 by the Insurance Commissioner. 4 (7) "Maintenance or personal care services" means any 5 care the primary purpose of which is the provision of needed 6 assistance with any of the disabilities as a result of which 7 the individual is a chronically ill individual, including the 8 protection from threats to health and safety due to severe 9 cognitive impairment. 10 (8)(5) "Policy" means any policy, contract, subscriber 11 agreement, rider, or endorsement delivered or issued for 12 delivery in this state by any of the entities specified in s. 13 627.9403. 14 (9) "Qualified long-term care services" means 15 necessary diagnostic, preventive, curing, treating, 16 mitigating, and rehabilitative services, and maintenance or 17 personal care services which are required by a chronically ill 18 individual and are provided pursuant to a plan of care 19 prescribed by a licensed health care practitioner. 20 (10) "Qualified long-term care insurance policy" means 21 an accident and health insurance contract as defined in s. 22 7702B of the Internal Revenue Code. 23 Section 17. Subsection (1) of section 627.9407, 24 Florida Statutes, is amended, and subsection (12) is added to 25 said section, to read: 26 627.9407 Disclosure, advertising, and performance 27 standards for long-term care insurance.-- 28 (1) STANDARDS.--The department shall adopt rules that 29 include standards for full and fair disclosure setting forth 30 the manner, content, and required disclosures of the sale of 31 long-term care insurance policies, terms of renewability, 73 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 initial and subsequent conditions of eligibility, 2 nonduplication of coverage provisions, coverage of dependents, 3 preexisting conditions, termination of insurance, continuation 4 or conversion, probationary periods, limitations, exceptions, 5 reductions, elimination periods, requirements for replacement, 6 recurrent conditions, disclosure of tax consequences, benefit 7 triggers, prohibition against post-claims underwriting, 8 reporting requirements, standards for marketing, and 9 definitions of terms. 10 (12) DISCLOSURE.--A qualified long-term care insurance 11 policy must include a disclosure statement within the policy 12 and within the outline of coverage that the policy is intended 13 to be a qualified long-term contract. A long-term care 14 insurance policy that is not intended to be a qualified 15 long-term care insurance contract must include a disclosure 16 statement within the policy and within the outline of coverage 17 that the policy is not intended to be a qualified long-term 18 care insurance contract. The disclosure shall be prominently 19 displayed and shall read as follows: "This long-term care 20 insurance policy is not intended to be a qualified long-term 21 care insurance contract. You need to be aware that benefits 22 received under this policy may create unintended, adverse 23 income tax consequences to you. You may want to consult with a 24 knowledgeable individual about such potential income tax 25 consequences." 26 Section 18. Subsections (6), (7), (8), (9), and (10) 27 are added to section 627.94071, Florida Statutes, 1996 28 Supplement, to read: 29 627.94071 Minimum standards for home health care 30 benefits.--A long-term care insurance policy, certificate, or 31 rider that contains a home health care benefit must meet or 74 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 exceed the minimum standards specified in this section. The 2 policy, certificate, or rider may not exclude benefits by any 3 of the following means: 4 (6) Excluding coverage for personal care services 5 provided by a home health aide. 6 (7) Requiring that the provision of home health care 7 services be at a level of certification or licensure greater 8 than that required by the eligible service. 9 (8) Requiring that the insured/claimant have an acute 10 condition before home health care services are covered. 11 (9) Limiting benefits to services provided by 12 Medicare-certified agencies or providers. 13 (10) Excluding coverage for adult day care services. 14 Section 19. Subsection (2) of section 627.94072, 15 Florida Statutes, 1996 Supplement, is amended to read: 16 627.94072 Mandatory offers.-- 17 (2) An insurer that offers a long-term care insurance 18 policy, certificate, or rider in this state must offer a 19 nonforfeiture protection provision providing reduced paid-up 20 insurance, cash surrender values which may include return of 21 premiums, extended term, shortened benefit period, or any 22 other benefits approved by the department if all or part of a 23 premium is not paid. Nonforfeiture benefits and any 24 additional premium for such benefits must be computed in an 25 actuarially sound manner, using a methodology that has been 26 filed with and approved by the department. 27 Section 20. Section 627.94073, Florida Statutes, 1996 28 Supplement, is amended to read: 29 627.94073 Notice of cancellation; grace period.-- 30 (1) A long-term care policy shall provide that the 31 insured is entitled to a grace period of not less than 30 75 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 days, within which payment of any premium after the first may 2 be made. The insurer may require payment of an interest 3 charge not in excess of 8 percent per year for the number of 4 days elapsing before the payment of the premium, during which 5 period the policy shall continue in force. If the policy 6 becomes a claim during the grace period before the overdue 7 premium is paid, the amount of such premium or premiums with 8 interest not in excess of 8 percent per year may be deducted 9 in any settlement under the policy. 10 (2) A long-term care policy may not be canceled for 11 nonpayment of premium unless, after expiration of the grace 12 period in subsection (1), and at least 30 days prior to the 13 effective date of such cancellation, the insurer has mailed a 14 notification of possible lapse in coverage to the policyholder 15 and to a specified secondary addressee if such addressee has 16 been designated in writing by name and address by the 17 policyholder. For policies issued or renewed on or after 18 October 1, 1996, the insurer shall notify the policyholder, at 19 least once every 2 years, of the right to designate a 20 secondary addressee. The applicant has the right to designate 21 at least one person who is to receive the notice of 22 termination, in addition to the insured. Designation shall not 23 constitute acceptance of any liability on the third party for 24 services provided to the insured. The form used for the 25 written designation must provide space clearly designated for 26 listing at least one person. The designation shall include 27 each person's full name and home address. In the case of an 28 applicant who elects not to designate an additional person, 29 the waiver shall state: "Protection against unintended 30 lapse.--I understand that I have the right to designate at 31 least one person other than myself to receive notice of lapse 76 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 or termination of this long-term care insurance policy for 2 nonpayment of premium. I understand that notice will not be 3 given until 30 days after a premium is due and unpaid. I elect 4 NOT to designate any person to receive such notice." Notice 5 shall be given by first class United States mail, postage 6 prepaid, and notice may not be given until 30 days after a 7 premium is due and unpaid. Notice shall be deemed to have been 8 given as of 5 days after the date of mailing. 9 (3) If a policy is canceled due to nonpayment of 10 premium, the policyholder shall be entitled to have the policy 11 reinstated if, within a period of not less than 5 months 150 12 days after the date of cancellation, the policyholder or any 13 secondary addressee designated pursuant to subsection (2) 14 demonstrates that the failure to pay the premium when due was 15 unintentional and due to the cognitive impairment or loss of 16 functional capacity of the policyholder. Policy reinstatement 17 shall be subject to payment of overdue premiums. The standard 18 of proof of cognitive impairment or loss of functional 19 capacity shall not be more stringent than the benefit 20 eligibility criteria for cognitive impairment or the loss of 21 functional capacity, if any, contained in the policy and 22 certificate. The insurer may require payment of an interest 23 charge not in excess of 8 percent per year for the number of 24 days elapsing before the payment of the premium, during which 25 period the policy shall continue in force if the demonstration 26 of cognitive impairment is made. If the policy becomes a 27 claim during the 180-day period before the overdue premium is 28 paid, the amount of the premium or premiums with interest not 29 in excess of 8 percent per year may be deducted in any 30 settlement under the policy. 31 77 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (4) When the policyholder or certificateholder pays 2 premium for a long-term care insurance policy or certificate 3 policy through a payroll or pension deduction plan, the 4 requirements in subsection (2) need not be met until 60 days 5 after the policyholder or certificateholder is no longer on 6 such a payment plan. The application or enrollment form for 7 such policies or certificates shall clearly indicate the 8 payment plan selected by the applicant. 9 Section 21. Section 627.94074, Florida Statutes, 1996 10 Supplement, is amended to read: 11 627.94074 Standards for benefit triggers.-- 12 (1)(a) A long-term care insurance policy shall 13 condition the payment of benefits on a determination of the 14 insured's ability to perform activities of daily living and on 15 cognitive impairment. Eligibility for the payment of benefits 16 shall not be more restrictive than requiring either a 17 deficiency in the ability to perform not more than three of 18 the activities of daily living or the presence of cognitive 19 impairment; or. 20 (b) If a policy is a qualified long-term care 21 insurance policy, the policy shall condition the payment of 22 benefits on a determination of the insured as being 23 chronically ill; having a level of disability similar, as 24 provided by rule of the Insurance Commissioner, to the 25 insured's ability to perform activities of daily living; or 26 being cognitively impaired as described in paragraph (6)(b). 27 Eligibility for the payment of benefits shall not be more 28 restrictive than requiring a deficiency in the ability to 29 perform not more than three of the activities of daily living. 30 (2) Activities of daily living shall include at least: 31 78 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (a) "Bathing," which means washing oneself by sponge 2 bath or in either a tub or shower, including the task of 3 getting into or out of the tub or shower. 4 (b) "Continence," which means the ability to maintain 5 control of bowel and bladder function, or, when unable to 6 maintain control of bowel or bladder function, the ability to 7 perform associated personal hygiene, including caring for 8 catheter or colostomy bag. 9 (c) "Dressing," which means putting on and taking off 10 all items of clothing and any necessary braces, fasteners, or 11 artificial limbs. 12 (d) "Eating," which means feeding oneself by getting 13 food into the body from a receptacle, such as a plate, cup, or 14 table, or by a feeding tube or intravenously. 15 (e) "Toileting," which means getting to and from the 16 toilet, getting on and off the toilet, and performing 17 associated personal hygiene. 18 (f) "Transferring," which means moving into or out of 19 a bed, chair, or wheelchair. 20 (3) Insurers may use activities of daily living to 21 trigger covered benefits in addition to those contained in 22 subsection (2) as long as they are defined in the policy. 23 (4) An issuer of qualified long-term care contracts is 24 limited to considering only the activities of daily living 25 listed in subsection (2). 26 (5)(4) An insurer may use additional provisions, for a 27 policy described in paragraph (1)(a), for the determination of 28 when benefits are payable under a policy or certificate; 29 however, the provisions shall not restrict and are not in lieu 30 of, the requirements contained in subsections (1) and (2). 31 79 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (6)(5) For purposes of this section, the determination 2 of a deficiency due to loss of functional capacity or 3 cognitive impairment shall not be more restrictive than: 4 (a) Requiring the hands-on assistance of another 5 person to perform the prescribed activities of daily living, 6 meaning physical assistance, minimal, moderate, or maximal, 7 without which the individual would not be able to perform the 8 activity of daily living; or 9 (b) If the deficiency is Due to the presence of a 10 cognitive impairment, requiring supervision, including or 11 verbal cueing by another person is needed in order to protect 12 the insured or others. 13 (7)(6) Assessment of activities of daily living and 14 cognitive impairment shall be performed by licensed or 15 certified professionals, such as physicians, nurses, or social 16 workers. 17 (8)(7) Long-term care insurance policies shall include 18 a clear description of the process for appealing and resolving 19 the benefit determinations. 20 (9)(8) The requirement set forth in this section shall 21 be effective on July 1, 1997, and shall apply as follows: 22 (a) Except as provided in paragraph (b), the 23 provisions of this section apply to a long-term care policy 24 issued in this state on or after July 1, 1997. 25 (b) The provisions of this section do not apply to 26 certificates under a group long-term care insurance policy in 27 force on July 1, 1997. 28 Section 22. Section 641.2018, Florida Statutes, is 29 created to read: 30 641.2018 High-deductible contracts for medical savings 31 accounts.--Notwithstanding the provisions of this part and 80 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 part III related to the requirement for providing 2 comprehensive coverage, a health maintenance organization may 3 offer a high-deductible contract to employers that establish 4 medical savings accounts, as defined in section 220(d) of the 5 Internal Revenue Code. 6 Section 23. Subsection (18) of section 641.31, Florida 7 Statutes, 1996 Supplement, is amended to read: 8 641.31 Health maintenance contracts.-- 9 (18)(a) Health maintenance contracts that which 10 provide coverage, benefits, or services for maternity care 11 must shall provide, as an option to the subscriber, the 12 services of nurse-midwives and midwives licensed pursuant to 13 chapter 467, and the services of birth centers licensed 14 pursuant to ss. 383.30-383.335, if such services are available 15 within the service area. 16 (b) Any health maintenance contract that which 17 provides maternity or newborn coverage may not limit coverage 18 for the length of a maternity or newborn stay in a hospital or 19 for followup care outside of a hospital to any time period 20 that is less than that determined to be medically necessary, 21 in accordance with prevailing medical standards and consistent 22 with proposed 1996 guidelines for perinatal care of the 23 American Academy of Pediatrics or the American College of 24 Obstetricians and Gynecologists as proposed on May 1, 1996, by 25 the treating obstetrical care provider or the pediatric care 26 provider. 27 (c) Nothing in This section does not affect affects 28 any agreement between a health maintenance organization and a 29 hospital or other health care provider with respect to 30 reimbursement for health care services provided, rate 31 negotiations with providers, or capitation of providers, and 81 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 this section does not prohibit or prohibits appropriate 2 utilization review or case management by a health maintenance 3 organization. 4 (d) Any health maintenance contract that provides 5 coverage, benefits, or services for maternity or newborn care 6 must provide coverage for postdelivery care for a mother and 7 her newborn infant. The postdelivery care must include a 8 postpartum assessment and newborn assessment and may be 9 provided at the hospital, at the attending physician's office, 10 at an outpatient maternity center, or in the home by a 11 qualified licensed health care professional trained in mother 12 and baby care. The services must include physical assessment 13 of the newborn and mother, and the performance of any 14 medically necessary clinical tests and immunizations in 15 keeping with prevailing medical standards. 16 (e) A health maintenance organization subject to 17 paragraph (b) shall communicate active case questions and 18 concerns regarding postdelivery care directly to the treating 19 physician or hospital in written form, in addition to other 20 forms of communication. Such organization shall also use a 21 process that which includes a written protocol for utilization 22 review and quality assurance. 23 (f) Any health maintenance organization subject to 24 paragraph (b) may not: 25 1. Deny to a mother or her newborn infant eligibility, 26 or continued eligibility, to enroll or to renew coverage under 27 the terms of the contract for the purpose of avoiding the 28 requirements of this section. 29 2. Provide monetary payments or rebates to a mother to 30 encourage the mother to accept less than the minimum 31 protections available under this section. 82 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 3. Penalize or otherwise reduce or limit the 2 reimbursement of an attending provider solely because the 3 attending provider provided care to an individual participant 4 or beneficiary in accordance with this section. 5 4. Provide incentives, monetary or otherwise, to an 6 attending provider solely to induce the provider to provide 7 care to an individual participant or beneficiary in a manner 8 inconsistent with this section. 9 5. Subject to paragraph (i), restrict benefits for any 10 portion of a period within a hospital length of stay required 11 under paragraph (b) in a manner that is less favorable than 12 the benefits provided for any preceding portion of such stay. 13 (g) This subsection does not require a mother who is a 14 participant or beneficiary to: 15 1. Give birth in a hospital. 16 2. Stay in the hospital for a fixed period of time 17 following the birth of her infant. 18 (h) This subsection does not apply with respect to any 19 coverage offered by a health maintenance organization that 20 does not provide benefits for hospital lengths of stay in 21 connection with childbirth for a mother or her newborn infant. 22 (i) This subsection does not prevent a health 23 maintenance organization from imposing deductibles, 24 coinsurance, or other cost-sharing in relation to benefits for 25 hospital lengths of stay in connection with childbirth for a 26 mother or her newborn infant under the contract or under 27 health insurance coverage offered in connection with a group 28 health plan, except that such coinsurance or other 29 cost-sharing for any portion of a period within a hospital 30 length of stay required under paragraph (b) may not be greater 31 83 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 than such coinsurance or cost-sharing for any preceding 2 portion of such stay. 3 Section 24. Section 641.3102, Florida Statutes, is 4 amended to read: 5 641.3102 Restrictions upon expulsion or refusal to 6 issue or renew contract.-- 7 (1) A health maintenance organization that offers 8 individual health maintenance contracts in this state may not 9 decline to offer coverage to an eligible individual as 10 required in s. 627.6487. 11 (2) A health maintenance organization shall not expel 12 or refuse to renew the coverage of, or refuse to enroll, any 13 individual member of a subscriber group on the basis of the 14 race, color, creed, marital status, sex, or national origin of 15 the subscriber or individual. A health maintenance 16 organization shall not expel or refuse to renew the coverage 17 of any individual member of a subscriber group on the basis of 18 the age, health status, health care needs, or prospective 19 costs of health care services of the subscriber or individual. 20 Nothing in this section shall prohibit a health maintenance 21 organization from requiring that, as a condition of continued 22 eligibility for membership, dependents of a subscriber, upon 23 reaching a specified age, convert to a converted contract or 24 that individuals entitled to have payments for health costs 25 made under Title XVIII of the United States Social Security 26 Act, as amended, be issued a health maintenance contract for 27 Medicare beneficiaries so long as the health maintenance 28 organization is authorized to issue health maintenance 29 contracts for Medicare beneficiaries. 30 Section 25. Section 641.31071, Florida Statutes, is 31 created to read: 84 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 641.31071 Preexisting conditions.-- 2 (1) As used in this section, the term: 3 (a) "Enrollment date" means, with respect to an 4 individual covered under a group health maintenance 5 organization contract, the date of enrollment of the 6 individual in the plan or coverage or, if earlier, the first 7 day of the waiting period of such enrollment. 8 (b) "Late enrollee" means, with respect to coverage 9 under a group health maintenance organization contract, a 10 participant or beneficiary who enrolls under the contract 11 other than during: 12 1. The first period in which the individual is 13 eligible to enroll under the plan. 14 2. A special enrollment period, as provided under s. 15 641.31072. 16 (c) "Waiting period" means, with respect to a group 17 health maintenance organization contract and an individual who 18 is a potential participant or beneficiary under the contract, 19 the period that must pass with respect to the individual 20 before the individual is eligible to be covered for benefits 21 under the terms of the contract. 22 (2) Subject to the exceptions specified in subsection 23 (4), a health maintenance organization that offers group 24 coverage, may, with respect to a participant or beneficiary, 25 impose a preexisting condition exclusion only if: 26 (a) Such exclusion relates to a physical or mental 27 condition, regardless of the cause of the condition, for which 28 medical advice, diagnosis, care, or treatment was recommended 29 or received within the 6-month period ending on the enrollment 30 date; 31 85 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (b) Such exclusion extends for a period of not more 2 than 12 months, or 18 months in the case of a late enrollee, 3 after the enrollment date; and 4 (c) The period of any such preexisting condition 5 exclusion is reduced by the aggregate of the periods of 6 creditable coverage, as defined in subsection (5), applicable 7 to the participant or beneficiary as of the enrollment date. 8 (3) Genetic information shall not be treated as a 9 condition described in paragraph (2)(a) in the absence of a 10 diagnosis of the condition related to such information. 11 (4)(a) Subject to paragraph (b), a health maintenance 12 organization that offers group coverage may not impose any 13 preexisting condition exclusion in the case of: 14 1. An individual who, as of the last day of the 30-day 15 period beginning with the date of birth, is covered under 16 creditable coverage. 17 2. A child who is adopted or placed for adoption 18 before attaining 18 years of age and who, as of the last day 19 of the 30-day period beginning on the date of the adoption or 20 placement for adoption, is covered under creditable coverage. 21 This provision shall not apply to coverage before the date of 22 such adoption or placement for adoption. 23 3. Pregnancy. 24 (b) Subparagraphs (a)1. and 2. do not apply to an 25 individual after the end of the first 63-day period during all 26 of which the individual was not covered under any creditable 27 coverage. 28 (5)(a) The term, "creditable coverage," means, with 29 respect to an individual, coverage of the individual under any 30 of the following: 31 86 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 1. A group health plan, as defined in s. 2791, of the 2 Public Health Service Act. 3 2. Health insurance coverage consisting of medical 4 care, provided directly, through insurance or reimbursement or 5 otherwise, and including terms and services paid for as 6 medical care, under any hospital or medical service policy or 7 certificate, hospital or medical service plan contract, or 8 health maintenance contract offered by a health insurance 9 issuer. 10 3. Medicare, part A or part B of Title XVIII of the 11 Social Security Act, as amended. 12 4. Medicaid, Title XIX of the Social Security Act, as 13 amended, other than children eligible solely for the federal 14 program for the distribution of pediatric vaccines. 15 5. Chapter 55 of Title 10, United States Code. 16 6. A medical care program of the Indian Health Service 17 or of a tribal organization. 18 7. The Florida Comprehensive Health Association or 19 another state health benefit risk pool. 20 8. A health plan offered under chapter 89 of Title 5, 21 United States Code. 22 9. A public health plan as defined by rule of the 23 department. To the greatest extent possible, such rules must 24 be consistent with regulations adopted by the United States 25 Department of Health and Human Services. 26 10. A health benefit plan under s. 5(e) of the Peace 27 Corps Act (22 United States Code, 2504(e)). 28 (b) Creditable coverage does not include coverage that 29 consists solely of one or more or any combination thereof of 30 the following excepted benefits: 31 87 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 1. Coverage only for accident, or disability income 2 insurance, or any combination thereof. 3 2. Coverage issued as a supplement to liability 4 insurance. 5 3. Liability insurance, including general liability 6 insurance and automobile liability insurance. 7 4. Workers' compensation or similar insurance. 8 5. Automobile medical payment insurance. 9 6. Credit-only insurance. 10 7. Coverage for onsite medical clinics. 11 8. Other similar insurance coverage, specified in 12 rules adopted by the department, under which benefits for 13 medical care are secondary or incidental to other insurance 14 benefits. To the greatest extent possible, such rules must be 15 consistent with regulations adopted by the United States 16 Department of Health and Human Services. 17 (c) The following benefits do not constitute 18 creditable coverage, if offered separately: 19 1. Limited scope dental or vision benefits. 20 2. Benefits or long-term care, nursing home care, home 21 health care, community-based care, or any combination of 22 these. 23 3. Such other similar, limited benefits as are 24 specified in rules adopted by the department. To the greatest 25 extent possible, such rules must be consistent with 26 regulations adopted by the United States Department of Health 27 and Human Services. 28 (d) The following benefits do not constitute 29 creditable coverage if offered as independent, noncoordinated 30 benefits: 31 1. Coverage only for a specified disease or illness. 88 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 2. Hospital indemnity or other fixed indemnity 2 insurance. 3 (e) Benefits provided through Medicare supplemental 4 health insurance, as defined under s. 1882(g)(1) of the Social 5 Security Act, coverage supplemental to the coverage provided 6 under chapter 55 of Title 10, United States Code, and similar 7 supplemental coverage provided to coverage under a group 8 health plan are not considered creditable coverage if offered 9 as a separate insurance policy. 10 (6)(a) A period of creditable coverage may not be 11 counted, with respect to enrollment of an individual under a 12 group health maintenance organization contract, if, after such 13 period and before the enrollment date, there was a 63-day 14 period during all of which the individual was not covered 15 under any creditable coverage. 16 (b) Any period during which an individual is in a 17 waiting period, or in an affiliation period as defined in 18 subsection (9), for any coverage under a group health 19 maintenance organization contract may not be taken into 20 account in determining the 63-day period under paragraph (a) 21 or paragraph (4)(b). 22 (7)(a) Except as otherwise provided under paragraph 23 (b), a health maintenance organization shall count a period of 24 creditable coverage without regard to the specific benefits 25 covered under the period. 26 (b) A health maintenance organization may elect to 27 count as creditable coverage, coverage of benefits within each 28 of several classes or categories of benefits specified in 29 rules adopted by the department rather than as provided under 30 paragraph (a). Such election shall be made on a uniform basis 31 for all participants and beneficiaries. Under such election, a 89 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 health maintenance organization shall count a period of 2 creditable coverage with respect to any class or category of 3 benefits if any level of benefits is covered within such class 4 or category. 5 (c) In the case of an election with respect to a 6 health maintenance organization under paragraph (b), the 7 organization shall: 8 1. Prominently state in 10-point type or larger in any 9 disclosure statements concerning the contract, and state to 10 each enrollee at the time of enrollment under the contract, 11 that the organization has made such election; and 12 2. Include in such statements a description of the 13 effect of this election. 14 (8)(a) Periods of creditable coverage with respect to 15 an individual shall be established through presentation of 16 certifications described in this subsection or in such other 17 manner as may be specified in rules adopted by the department. 18 (b) A health maintenance organization that offers 19 group coverage shall provide the certification described in 20 paragraph (a): 21 1. At the time an individual ceases to be covered 22 under the plan or otherwise becomes covered under a COBRA 23 continuation provision or continuation pursuant to s. 24 627.6692. 25 2. In the case of an individual becoming covered under 26 a COBRA continuation provision or pursuant to s. 627.6692, at 27 the time the individual ceases to be covered under such a 28 provision. 29 3. Upon the request on behalf of an individual made 30 not later than 24 months after the date of cessation of the 31 coverage described in this paragraph. 90 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 2 The certification under subparagraph 1. may be provided, to 3 the extent practicable, at a time consistent with notices 4 required under any applicable COBRA continuation provision or 5 continuation pursuant to s. 627.6692. 6 (c) The certification is a written certification of: 7 1. The period of creditable coverage of the individual 8 under the contract and the coverage, if any, under such COBRA 9 continuation provision or continuation pursuant to s. 10 627.6692; and 11 2. The waiting period, if any, imposed with respect to 12 the individual for any coverage under such contract. 13 (d) In the case of an election described in subsection 14 (7) by a health maintenance organization, if the organization 15 enrolls an individual for coverage under the plan and the 16 individual provides a certification of coverage of the 17 individual, as provided by this subsection: 18 1. Upon request of such health maintenance 19 organization, the insurer or health maintenance organization 20 that issued the certification provided by the individual shall 21 promptly disclose to such requesting organization information 22 on coverage of classes and categories of health benefits 23 available under such insurer's or health maintenance 24 organization's plan or coverage. 25 2. Such insurer or health maintenance organization may 26 charge the requesting organization for the reasonable cost of 27 disclosing such information. 28 (e) The department shall adopt rules to prevent an 29 insurer's or health maintenance organization's failure to 30 provide information under this subsection with respect to 31 previous coverage of an individual from adversely affecting 91 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 any subsequent coverage of the individual under another group 2 health plan or health maintenance organization coverage. 3 (9)(a) A health maintenance organization may provide 4 for an affiliation period with respect to coverage through the 5 organization only if: 6 1. No preexisting condition exclusion is imposed with 7 respect to coverage through the organization; 8 2. The period is applied uniformly without regard to 9 any health-status-related factors; and 10 3. Such period does not exceed 2 months or 3 months in 11 the case of a late enrollee. 12 (b) For the purposes of this section, the term 13 "affiliation period" means a period that, under the terms of 14 the coverage offered by the health maintenance organization, 15 must expire before the coverage becomes effective. The 16 organization is not required to provide health care services 17 or benefits during such period and no premium may be charged 18 to the participant or beneficiary for any coverage during the 19 period. Such period begins on the enrollment date and runs 20 concurrently with any waiting period under the plan. 21 (c) As an alternative to the method authorized by 22 paragraph (a), a health maintenance organization may address 23 adverse selection in a method approved by the department. 24 (10)(a) Except as provided in paragraph (b), no period 25 before July 1, 1996, shall be taken into account in 26 determining creditable coverage. 27 (b) The department shall adopt rules that provide a 28 process whereby individuals who need to establish creditable 29 coverage for periods before July 1, 1996, and who would have 30 such coverage credited but for paragraph (a), may be given 31 92 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 credit for creditable coverage for such periods through the 2 presentation of documents or other means. 3 (11) Except as otherwise provided in this subsection, 4 the requirements of paragraph (8)(b) shall apply to events 5 that occur on or after July 1, 1996. 6 (a) In no case is a certification required to be 7 provided under paragraph (8)(b) prior to June 1, 1997. 8 (b) In the case of an event that occurs on or after 9 July 1, 1996, and before October 1, 1996, a certification is 10 not required to be provided under paragraph (8)(b), unless an 11 individual, with respect to whom the certification is required 12 to be made, requests such certification in writing. 13 (12) In the case of an individual who seeks to 14 establish creditable coverage for any period for which 15 certification is not required because it relates to an event 16 occurring before July 1, 1996: 17 (a) The individual may present evidence of other 18 creditable coverage in order to establish the period of 19 creditable coverage. 20 (b) A health maintenance organization is not subject 21 to any penalty or enforcement action with respect to the 22 organization's crediting, or not crediting, such coverage if 23 the organization has sought to comply in good faith with 24 applicable provisions of this section. 25 (13) For purposes of subsection (10), any plan 26 amendment made pursuant to a collective bargaining agreement 27 relating to the plan which amends the plan solely to conform 28 to any requirement of this section may not be treated as a 29 termination of such collective bargaining agreement. 30 Section 26. Section 641.31072, Florida Statutes, is 31 created to read: 93 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 641.31072 Special enrollment periods.-- 2 (1) A health maintenance organization that issues a 3 group health insurance policy shall permit an employee who is 4 eligible, but not enrolled, for coverage under the terms of 5 the contract, or a dependent of such an employee if the 6 dependent is eligible but not enrolled for coverage under such 7 terms, to enroll for coverage under the terms of the contract 8 if each of the following conditions is met: 9 (a) The employee or dependent was covered under a 10 group health plan or had health insurance coverage at the time 11 coverage was previously offered to the employee or dependent. 12 For the purpose of this section, the terms "group health plan" 13 and "health insurance coverage" have the same meaning ascribed 14 in s. 2791 of the Public Health Service Act. 15 (b) The employee stated in writing at such time that 16 coverage under a group health plan or health insurance 17 coverage was the reason for declining enrollment, but only if 18 the plan sponsor or health maintenance organization, if 19 applicable, required such a statement at such time and 20 provided the employee with notice of such requirement and the 21 consequences of such requirement at such time. 22 (c) The employee's or dependent's coverage described 23 in paragraph (a): 24 1. Was under a COBRA continuation provision or 25 continuation pursuant to s. 627.6692, and the coverage under 26 such provision was exhausted; or 27 2. Was not under such a provision and the coverage was 28 terminated as a result of loss of eligibility for the 29 coverage, including legal separation, divorce, death, 30 termination of employment, or reduction in the number of hours 31 of employment, or the coverage was terminated as a result of 94 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 the termination of employer contributions toward such 2 coverage. 3 (d) Under the terms of the contract, the employee 4 requests such enrollment not later than 30 days after the date 5 of exhaustion of coverage described in subparagraph (c)1., or 6 termination or employer contribution described in subparagraph 7 (c)2. 8 (2) For dependent beneficiaries, if: 9 (a) A group health maintenance organization contract 10 makes coverage available with respect to a dependent of an 11 individual; 12 (b) The individual is a participant under the 13 contract, or has met any waiting period applicable to becoming 14 a participant under the contract, and is eligible to be 15 enrolled under the contract but for a failure to enroll during 16 a previous enrollment period; and 17 (c) A person becomes such a dependent of the 18 individual through marriage, birth, or adoption or placement 19 for adoption, 20 21 the health maintenance organization shall provide for a 22 dependent special enrollment period described in subsection 23 (3) during which the person, or, if not otherwise enrolled, 24 the individual, may be enrolled under the plan as a dependent 25 of the individual, and in the case of the birth or adoption of 26 a child, the spouse of the individual may be enrolled as a 27 dependent of the individual if such spouse is otherwise 28 eligible for coverage. 29 (3) A dependent special enrollment period under 30 subsection (2) shall be a period of not less than 30 days and 31 shall begin on the later of: 95 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (a) The date dependent coverage is made available; or 2 (b) The date of the marriage, birth, or adoption or 3 placement for adoption described in subsection (2)(c). 4 (4) If an individual seeks to enroll a dependent 5 during the first 30 days of such a dependent special 6 enrollment period, the coverage of the dependent shall become 7 effective: 8 (a) In the case of marriage, not later than the first 9 day of the first month beginning after the date the completed 10 request for enrollment is received. 11 (b) In the case of a dependent's birth, as of the date 12 of such birth. 13 (c) In the case of a dependent's adoption or placement 14 for adoption, the date of such adoption or placement for 15 adoption. 16 Section 27. Section 641.31073, Florida Statutes, is 17 created to read: 18 641.31073 Prohibiting discrimination against 19 individual participants and beneficiaries based on health 20 status.-- 21 (1) Subject to subsection (2), a health maintenance 22 organization that offers group health insurance coverage may 23 not establish rules for eligibility, including continued 24 eligibility, of an individual to enroll under the terms of the 25 contract based on any of the following health-status-related 26 factors in relation to the individual or a dependent of the 27 individual: 28 (a) Health status. 29 (b) Medical condition, including physical and mental 30 illnesses. 31 (c) Claims experience. 96 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (d) Receipt of health care. 2 (e) Medical history. 3 (f) Genetic information. 4 (g) Evidence of insurability, including conditions 5 arising out of acts of domestic violence. 6 (h) Disability. 7 (2) Subsection (1) does not: 8 (a) Require a health maintenance organization to 9 provide particular benefits other than those provided under 10 the terms of such plan or coverage. 11 (b) Prevent such a plan or coverage from establishing 12 limitations or restrictions on the amount, level, extent, or 13 nature of the benefits or coverage for similarly situated 14 individuals enrolled in the plan or coverage. 15 (3) For purposes of subsection (1), rules for 16 eligibility to enroll under a contract include rules for 17 defining any applicable affiliation or waiting periods of 18 enrollment. 19 (4)(a) A health maintenance organization that offers 20 health insurance coverage may not require any individual, as a 21 condition of enrollment or continued enrollment under the 22 contract, to pay a premium or contribution that is greater 23 than such premium or contribution for a similarly situated 24 individual enrolled under the contract on the basis of any 25 health-status-related factor in relation to the individual or 26 to an individual enrolled under the contract as a dependent of 27 the individual. 28 (b) This subsection does not: 29 1. Restrict the amount that an employer may be charged 30 for coverage under a group health insurance contract. 31 97 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 2. Prevent a health maintenance organization offering 2 group health insurance coverage from establishing premium 3 discounts or rebates or modifying otherwise applicable 4 copayments or deductibles in return for adherence to programs 5 of health promotion and disease prevention. 6 Section 28. Section 641.31074, Florida Statutes, is 7 created to read: 8 641.31074 Guaranteed renewability of coverage.-- 9 (1) Except as otherwise provided in this section, a 10 health maintenance organization that issues a group health 11 insurance contract must renew or continue in force such 12 coverage at the option of the contract holder. 13 (2) A health maintenance organization may nonrenew or 14 discontinue a contract based only on one or more of the 15 following conditions: 16 (a) The contract holder has failed to pay premiums or 17 contributions in accordance with the terms of the contract or 18 the health maintenance organization has not received timely 19 premium payments. 20 (b) The contract holder has performed an act or 21 practice that constitutes fraud or made an intentional 22 misrepresentation of material fact under the terms of the 23 contract. 24 (c) The contract holder has failed to comply with a 25 material provision of the plan which relates to rules for 26 employer contributions or group participation. 27 (d) The health maintenance organization is ceasing to 28 offer coverage in such a market in accordance with subsection 29 (3) and applicable state law. 30 (e) There is no longer any enrollee in connection with 31 such plan who lives, resides, or works in the service area of 98 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 the health maintenance organization or in the area in which 2 the health maintenance organization is authorized to do 3 business and, in the case of the small-group market, the 4 organization would deny enrollment with respect to such plan 5 under s. 627.6699(5)(i). 6 (f) In the case of coverage that is made available 7 only through one or more bona fide associations as defined in 8 s. 627.6571(5), the membership of an employer in the 9 association, on the basis of which the coverage is provided, 10 ceases, but only if such coverage is terminated under this 11 paragraph uniformly without regard to any 12 health-status-related factor that relates to any covered 13 individuals. 14 (3)(a) A health maintenance organization may 15 discontinue offering a particular contract form for group 16 coverage offered in the small-group market or large-group 17 market only if: 18 1. The health maintenance organization provides notice 19 to each contract holder provided coverage of this form in such 20 market, and participants and beneficiaries covered under such 21 coverage, of such discontinuation at least 90 days prior to 22 the date of the discontinuation of such coverage; 23 2. The health maintenance organization offers to each 24 contract holder provided coverage of this form in such market 25 the option to purchase all other health insurance coverage 26 currently being offered by the health maintenance organization 27 in such market; and 28 3. In exercising the option to discontinue coverage of 29 this form and in offering the option of coverage under 30 subparagraph 2., the health maintenance organization acts 31 uniformly without regard to the claims experience of those 99 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 contract holders or any health-status-related factor that 2 relates to any participants or beneficiaries covered or new 3 participants or beneficiaries who may become eligible for such 4 coverage. 5 (b)1. In any case in which a health maintenance 6 organization elects to discontinue offering all coverage in 7 the small-group market or the large-group market, or both, in 8 this state, coverage may be discontinued by the insurer only 9 if: 10 a. The health maintenance organization provides notice 11 to the department and to each contract holder, and 12 participants and beneficiaries covered under such coverage, of 13 such discontinuation at least 180 days prior to the date of 14 the discontinuation of such coverage; and 15 b. All health insurance issued or delivered for 16 issuance in this state in such markets are discontinued and 17 coverage under such health insurance coverage in such market 18 is not renewed. 19 2. In the case of a discontinuation under subparagraph 20 1. in a market, the health maintenance organization may not 21 provide for the issuance of any health maintenance 22 organization contract coverage in the market in this state 23 during the 5-year period beginning on the date of the 24 discontinuation of the last insurance contract not renewed. 25 (4) At the time of coverage renewal, a health 26 maintenance organization may modify the coverage for a product 27 offered: 28 (a) In the large-group market; or 29 (b) In the small-group market if, for coverage that is 30 available in such market other than only through one or more 31 bona fide associations, as defined in s. 627.6571(5), such 100 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 modification is consistent with s. 627.6699 and effective on a 2 uniform basis among group health plans with that product. 3 (5) In applying this section in the case of health 4 insurance coverage that is made available by a health 5 maintenance organization in the small-group market or 6 large-group market to employers only through one or more 7 associations, a reference to "contract holder" is deemed, with 8 respect to coverage provided to an employer member of the 9 association, to include a reference to such employer. 10 Section 29. Section 641.3921, Florida Statutes, is 11 amended to read: 12 641.3921 Conversion on termination of eligibility.--A 13 group health maintenance contract delivered or issued for 14 delivery in this state by a health maintenance organization 15 shall provide that a subscriber or covered dependent whose 16 coverage under the group health maintenance contract has been 17 terminated for any reason, including discontinuance of the 18 group health maintenance contract in its entirety or with 19 respect to a covered class, and who has been continuously 20 covered under the group health maintenance contract, and under 21 any group health maintenance contract providing similar 22 benefits which it replaces, for at least 3 months immediately 23 prior to termination, shall be entitled to have issued to him 24 by the health maintenance organization a health maintenance 25 contract, hereafter referred to as a "converted contract." A 26 subscriber or covered dependent shall not be entitled to have 27 a converted contract issued to him if termination of his 28 coverage under the group health maintenance contract occurred 29 for any of the following reasons: 30 31 101 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (1) Failure to pay any required premium or 2 contribution unless such nonpayment of premium was due to acts 3 of an employer or person other than the individual; 4 (2) Replacement of any discontinued group coverage by 5 similar group coverage within 31 days; 6 (3) Fraud or material misrepresentation in applying 7 for any benefits under the health maintenance contract; 8 (4) Disenrollment for cause. When the requirements of 9 paragraphs (a), (b), and (c) have been met, a health 10 maintenance organization may disenroll a subscriber for cause 11 if the subscriber's behavior is disruptive, unruly, abusive, 12 or uncooperative to the extent that his continuing membership 13 in the organization seriously impairs the organization's 14 ability to furnish services to either the subscriber or other 15 subscribers. 16 (a) Effort to resolve the problem. The organization 17 must make a serious effort to resolve the problem presented by 18 the subscriber, including the use or attempted use of 19 subscriber grievance procedures. 20 (b) Consideration of extenuating circumstances. The 21 organization must ascertain that the subscriber's behavior 22 does not directly result from an existing medical condition. 23 (c) Documentation. The organization must document the 24 problems, efforts, and medical conditions as described in this 25 subsection; 26 (5) Willful and knowing misuse of the health 27 maintenance organization identification membership card by the 28 subscriber; 29 (6) Willful and knowing furnishing to the organization 30 by the subscriber of incorrect or incomplete information for 31 102 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 the purpose of fraudulently obtaining coverage or benefits 2 from the organization; or 3 (7) The subscriber has left the geographic area of the 4 health maintenance organization with the intent to relocate or 5 establish a new residence outside the organization's 6 geographic area. 7 Section 30. Section 641.3922, Florida Statutes, is 8 amended to read: 9 641.3922 Conversion contracts; conditions.--Issuance 10 of a converted contract shall be subject to the following 11 conditions: 12 (1) TIME LIMIT.--Written application for the converted 13 contract shall be made and the first premium paid to the 14 health maintenance organization not later than 63 31 days 15 after such termination. 16 (2) EVIDENCE OF INSURABILITY.--The converted contract 17 shall be issued without evidence of insurability. 18 (3) CONVERSION PREMIUM.--The premium for the converted 19 contract shall be determined in accordance with premium rates 20 applicable to the age and class of risk of each person to be 21 covered under the converted contract and to the type and 22 amount of coverage provided. However, the premium for the 23 converted contract may not exceed 200 percent of the standard 24 risk rate, as established by the Florida Comprehensive Health 25 Association and adjusted for differences in benefit levels and 26 structure between the converted policy and the policy offered 27 by the Florida Comprehensive Health Association. The mode of 28 payment for the converted contract shall be quarterly or more 29 frequently at the option of the organization, unless otherwise 30 mutually agreed upon between the subscriber and the 31 organization. 103 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (4) EFFECTIVE DATE OF COVERAGE.--The effective date of 2 the converted contract shall be the day following the 3 termination of coverage under the group health maintenance 4 contract. However, until application is made and the first 5 premium is paid, the health maintenance organization may 6 charge the subscriber, on a fee-for-service basis, for any 7 services rendered to the subscriber after the date in which 8 the subscriber ceases to be eligible under the group health 9 maintenance contract. When application is made and the first 10 premium is paid, the organization shall reimburse the 11 subscriber for any payment made by the subscriber for covered 12 services under the converted contract. 13 (5) SCOPE OF COVERAGE.--The converted contract shall 14 cover the subscriber or dependents who were covered by the 15 group health maintenance contract on the date of termination 16 of coverage. At the option of the health maintenance 17 organization, a separate converted contract may be issued to 18 cover any dependent. 19 (6) OPTIONAL COVERAGE.--The health maintenance 20 organization shall not be required to issue a converted 21 contract covering any person if such person is or could be 22 covered by Medicare, Title XVIII of the Social Security Act, 23 as added by the Social Security Amendments of 1965, or as 24 later amended or superseded. Furthermore, the health 25 maintenance organization shall not be required to issue a 26 converted health maintenance contract covering any person if: 27 (a)1. The person is covered for similar benefits by 28 another hospital, surgical, medical, or major medical expense 29 insurance policy or hospital or medical service subscriber 30 contract or medical practice or other prepayment plan or by 31 any other plan or program; 104 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 2. The person is eligible for similar benefits, 2 whether or not covered therefor, under any arrangement of 3 coverage for individuals in a group, whether on an insured or 4 uninsured basis; or 5 3. Similar benefits are provided for or are available 6 to the person pursuant to or in accordance with the 7 requirements of any state or federal law; and 8 (b) A converted health maintenance contract may 9 include a provision whereby the health maintenance 10 organization may request information, in advance of any 11 premium due date of a health maintenance contract, of any 12 person covered thereunder as to whether: 13 1. He is covered for similar benefits by another 14 hospital, surgical, medical, or major medical expense 15 insurance policy or hospital or medical service subscriber 16 contract or medical practice or other prepayment plan or by 17 any other plan or program; 18 2. He is covered for similar benefits under any 19 arrangement of coverage for individuals in a group, whether on 20 an insured or uninsured basis; or 21 3. Similar benefits are provided for or are available 22 to the person pursuant to or in accordance with the 23 requirements of any state or federal law. 24 (7) REASONS FOR CANCELLATION; TERMINATION.--The 25 converted health maintenance contract must contain a 26 cancellation or nonrenewability clause providing that the 27 health maintenance organization may refuse to renew the 28 contract of any person covered thereunder, but cancellation or 29 nonrenewal must be limited to one or more of the following 30 reasons: 31 105 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (a) Fraud or material misrepresentation, subject to 2 the limitations of s. 641.31(23), in applying for any benefits 3 under the converted health maintenance contract; 4 (b) Eligibility of the covered person for coverage 5 under Medicare, Title XVIII of the Social Security Act, as 6 added by the Social Security Amendments of 1965, or as later 7 amended or superseded, or under any other state or federal law 8 providing for benefits similar to those provided by the 9 converted health maintenance contract, except for Medicaid, 10 Title XIX of the Social Security Act, as amended by the Social 11 Security Amendments of 1965, or as later amended or 12 superseded. 13 (c) Disenrollment for cause, after following the 14 procedures outlined in s. 641.3921(4). 15 (d) Willful and knowing misuse of the health 16 maintenance organization identification membership card by the 17 subscriber or the willful and knowing furnishing to the 18 organization by the subscriber of incorrect or incomplete 19 information for the purpose of fraudulently obtaining coverage 20 or benefits from the organization. 21 (e) Failure, after notice, to pay required premiums. 22 (f) The subscriber has left the geographic area of the 23 health maintenance organization with the intent to relocate or 24 establish a new residence outside the organization's 25 geographic area. 26 (g) A dependent of the subscriber has reached the 27 limiting age under the converted contract, subject to 28 subsection (12); but the refusal to renew coverage shall apply 29 only to coverage of the dependent, except in the case of 30 handicapped children. 31 106 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (h) A change in marital status that makes a person 2 ineligible under the original terms of the converted contract, 3 subject to subsection (12). 4 (8) BENEFITS OFFERED.--A health maintenance 5 organization shall not be required to issue a converted 6 contract which provides benefits in excess of those provided 7 under the group health maintenance contract from which 8 conversion is made. The converted health maintenance contract 9 shall meet the requirements of law pertaining to health 10 maintenance contracts and shall include a level of benefits 11 for minimum services which is substantially similar to the 12 level of benefits for these services included in the group 13 health maintenance organization contract from which the 14 termination is made. 15 (9) PREEXISTING CONDITION PROVISION.--The converted 16 health maintenance contract shall not exclude a preexisting 17 condition not excluded by the group contract. However, the 18 converted health maintenance contract may provide that any 19 coverage benefits thereunder may be reduced by the amount of 20 any coverage or benefits under the group health maintenance 21 contract after the termination of the person's coverage or 22 benefits thereunder. The converted health maintenance 23 contract may also include provisions so that during the first 24 coverage year the coverage or benefits under the converted 25 contract, together with the coverage or benefits under the 26 group health maintenance contract, shall not exceed those that 27 would have been provided had the individual's coverage or 28 benefits under the group contract remained in force and 29 effect. 30 (10) ALTERNATE PLANS.--The health maintenance 31 organization shall offer a standard health benefit plan as 107 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 established pursuant to s. 627.6699(12). The health 2 maintenance organization may, at its option, also offer 3 alternative plans for group health conversion in addition to 4 those required by this section, provided any alternative plan 5 is approved by the department or is a converted policy, 6 approved under s. 627.6675 and issued by an insurance company 7 authorized to transact insurance in this state. Approval by 8 the department of an alternative plan shall be based on 9 compliance by the alternative plan with the provisions of this 10 part and the rules promulgated thereunder, applicable 11 provisions of the Florida Insurance Code and rules promulgated 12 thereunder, and any other applicable law. 13 (11) RETIREMENT COVERAGE.--In the event that coverage 14 would be continued under the group health maintenance contract 15 on an employee following his retirement prior to the time he 16 is or could be covered by Medicare, he may elect, in lieu of 17 such continuation of group coverage, to have the same 18 conversion rights as would apply had his coverage terminated 19 at retirement by reason of termination of employment or 20 membership. 21 (12) CONVERSION PRIVILEGE ALLOWED.--Subject to the 22 conditions set forth above, the conversion privilege shall 23 also be available: 24 (a) To the surviving spouse, if any, at the death of 25 the subscriber, with respect to the spouse and such children 26 whose coverages under the group health maintenance contract 27 terminate by reason of such death, otherwise to each surviving 28 child whose coverage under the group health maintenance 29 contract terminates by reason of such death or, if the group 30 contract provides for continuation of dependents' coverages 31 108 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 following the subscriber's death, at the end of such 2 continuation; 3 (b) To the former spouse whose coverage would 4 otherwise terminate because of annulment or dissolution of 5 marriage, if the former spouse is dependent for financial 6 support; 7 (c) To the spouse of the subscriber upon termination 8 of coverage of the spouse, while the subscriber remains 9 covered under the group health maintenance contract, by reason 10 of ceasing to be a qualified family member under the group 11 health maintenance contract, with respect to the spouse and 12 such children whose coverages under the group health 13 maintenance contract terminate at the same time; or 14 (d) To a child solely with respect to himself upon 15 termination of his coverage by reason of ceasing to be a 16 qualified family member under the group health maintenance 17 contract or under any converted contract, if a conversion 18 privilege is not otherwise provided above with respect to such 19 termination. 20 (13) GROUP COVERAGE IN LIEU OF INDIVIDUAL 21 COVERAGE.--The health maintenance organization may elect to 22 provide group health maintenance organization coverage through 23 a group converted contract in lieu of the issuance of an 24 individual converted contract. 25 (14) NOTIFICATION.--A notification of the conversion 26 privilege shall be included in each health maintenance 27 contract and in any certificate or member's handbook. 28 Section 31. (1) The changes made by this act to 29 section 641.3922, Florida Statutes, apply to conversion 30 policies offered, sold, issued, or renewed on or after January 31 1, 1998. 109 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (2) An individual who was entitled on July 1, 1997, to 2 a conversion contract under section 641.3922, Florida 3 Statutes, shall be entitled on January 1, 1998, to a 4 conversion contract meeting the requirements of section 5 641.3922, Florida Statutes, as amended by this act. Such an 6 individual shall remain entitled to a conversion contract for 7 the same period of time after January 1, 1998, that the 8 individual would have remained eligible after July 1, 1997, 9 including the condition that application for coverage be made 10 within 63 days of the termination of the group coverage. 11 Section 32. The provisions of this act fulfill an 12 important state interest. 13 Section 33. Section 627.6576, Florida Statutes, is 14 repealed. 15 Section 34. (1) Except as provided in subsection (2) 16 and as otherwise provided in this act, the changes made by 17 this act apply to policies or contracts with plan years that 18 begin on or after July 1, 1997. 19 (2) Except as provided in section 627.6561(9), (10), 20 and (11), and section 641.31071(10), (11), and (12), Florida 21 Statutes, in the case of a group health plan or group health 22 insurance contract maintained pursuant to one or more 23 collective bargaining agreements between employee 24 representatives and one or more employers which is ratified 25 before this act becomes a law, sections 627.6561, 627.65615, 26 627.65625, 627.6571, 627.6699, 641.31071, 641.31072, 27 641.31073, and 641.31074, Florida Statutes, except for section 28 627.6561(8)(b), Florida Statutes, as amended or created by 29 this act, apply to policies or contracts with plan years that 30 begin on or after the later of: 31 110 CODING: Words stricken are deletions; words underlined are additions. HB 1967, First Engrossed 1 (a) The date on which the last of any collective 2 bargaining agreement that relates to the plan terminates, 3 determined without regard to any extension thereof, which is 4 agreed to after the date this act becomes a law; or 5 (b) July 1, 1997. 6 Section 35. The Banking and Insurance Committee of the 7 Senate and the Health Care Services Committee of the House of 8 Representatives are directed to conduct an interim study to 9 make recommendations to the Legislature for the 1998 Regular 10 Session regarding high cost insureds and potential insureds 11 and how the needs of such insureds are being met under this 12 act. The Department of Insurance is directed to assist with 13 the provision of information and the gathering of data as 14 required or deemed appropriate by the committees. 15 Section 36. The amendments in this act to s. 16 627.6487(3)(b)2., Florida Statutes, and to ss. 627.6675 and 17 641.3922, Florida Statutes, shall not take effect unless the 18 Health Care Finance Administration of the United States 19 Department of Health and Human Services approves this act as 20 providing an acceptable alternative mechanism, as provided in 21 s. 2744 of the Public Health Service Act, or the act is deemed 22 approved due to the expiration of the time periods prescribed 23 in s. 2744(b)(5) of the Public Health Service Act. 24 Section 37. Except as otherwise provided in this act, 25 this act shall take effect upon becoming a law. 26 27 28 29 30 31 111