House Bill 4047c1

    Florida House of Representatives - 1998             CS/HB 4047

        By the Committee on Financial Services and Representative
    Ziebarth





  1                      A bill to be entitled

  2         An act relating to international health

  3         insurance policies sold at airports; creating

  4         s. 624.123, F.S.; providing definitions;

  5         authorizing licensed agents to sell

  6         international health insurance policies to

  7         residents of foreign countries at international

  8         airports; requiring a specified disclaimer;

  9         providing exemptions from regulation under the

10         Insurance Code; specifying applicable

11         provisions; providing an effective date.

12

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

14

15         Section 1.  Section 624.123, Florida Statutes, is

16  created to read:

17         624.123  Certain international health insurance

18  policies; exemption from code.--

19         (1)  International health insurance policies and

20  applications may be solicited and sold in this state at any

21  international airport to a resident of a foreign country.

22  Such international health insurance policies shall be

23  solicited and sold only by a licensed health insurance agent

24  and underwritten only by an admitted insurer.  For purposes of

25  this section:

26         (a)  "International airport" means any airport in this

27  state with United States Customs Service which enplanes more

28  than 1 million passengers per year.

29         (b)  "International health insurance policy" means

30  health insurance, as defined in s. 627.6561(5)(a)2., which is

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4047

    614-130A-98






  1  offered to an individual, covering only a resident of a

  2  foreign country on an annual basis.

  3         (c)  "Resident of a foreign country" does not include

  4  any United States citizen, any natural person maintaining his

  5  or her residence in this country, or any natural person

  6  staying in this state continuously for more than 120 days.

  7         (2)  Any international health insurance policy sold,

  8  and any application provided, to residents of foreign

  9  countries pursuant to this section shall contain the following

10  conspicuous, boldfaced disclaimer in at least 12 point type:

11  "This individual health insurance policy may be sold only to a

12  person not a resident of the United States.  This policy does

13  not comply with coverage, underwriting, and other provisions

14  of the Florida Insurance Code, and must comply with coverage,

15  underwriting, and other insurance regulatory provisions of

16  your country of residence."

17         (3)  Any insurer underwriting international health

18  insurance policies pursuant to this section is subject to all

19  applicable provisions of the Insurance Code, except as

20  otherwise provided in this section.  International health

21  insurance policies are not subject to any form approval, rate

22  approval, underwriting restrictions, guaranteed availability,

23  or coverage mandates provided in the Insurance Code.  Health

24  insurance agents who are licensed and appointed pursuant to

25  chapter 626 may solicit, sell, effect, collect premiums on,

26  and deliver international health insurance policies in

27  accordance with this section.  Solicitation or sale of an

28  international health insurance policy to a United States

29  citizen or to a natural person not a resident of a foreign

30  country is a willful violation of the provisions of s.

31  626.611.

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 4047

    614-130A-98






  1         (4)  Any international health insurance policy or

  2  application solicited, provided, entered into, issued, or

  3  delivered pursuant to this section is exempt from all

  4  provisions of the Insurance Code, except that such policy,

  5  contract, or agreement is subject to the provisions of ss.

  6  624.316, 624.3161, 626.951, 626.9511, 626.9521, 626.9541,

  7  626.9551, 626.9561, 626.9571, 626.9581, 626.9591, 626.9601,

  8  627.413, 627.4145, and 627.6043.

  9         Section 2.  This act shall take effect upon becoming a

10  law.

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3