House Bill 4047er

    ENROLLED

    1998 Legislature                   CS/HB 4047, First Engrossed



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  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;repealing 624.478, F.S., relating to

12         the use of licensed agents; providing an

13         effective date.

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

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17         Section 1.  Section 624.123, Florida Statutes, is

18  created to read:

19         624.123  Certain international health insurance

20  policies; exemption from code.--

21         (1)  International health insurance policies and

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

23  international airport to a resident of a foreign country. Such

24  international health insurance policies shall be solicited and

25  sold only by a licensed health insurance agent and unwritten

26  only by an admitted insurer. For purposes of this subsection:

27         (a)  "International airport" means any airport in

28  Florida with U. S. Customs service, which enplanes more than 1

29  million passengers per year.

30         (b)  "International health insurance policy" means

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


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




    ENROLLED

    1998 Legislature                   CS/HB 4047, First Engrossed



  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 subsection shall contain the

10  following conspicuous, boldfaced disclaimer in at least 12

11  point type:  "This individual health insurance policy may be

12  sold only to a person not a resident of the United States.

13  This policy does not comply with coverage, underwriting, and

14  other provisions of the Florida Insurance Code, and must

15  comply with coverage, underwriting, and other insurance

16  regulatory provisions of your country of residence."

17         (3)  Any insurer underwriting international health

18  insurance policies pursuant to this subsection is subject to

19  all applicable provisions of the Insurance Code, except as

20  otherwise provided in this subsection. 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 premium on, and

26  deliver international health insurance policies in accordance

27  with this section. Solicitation or sale of an international

28  health insurance policy to a U. S. citizen or to a natural

29  person not a resident of a foreign country is a willful

30  violation of the provisions of s. 626.611.

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




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    1998 Legislature                   CS/HB 4047, First Engrossed



  1         (4)  Any international health insurance policy or

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

  3  delivered pursuant to this subsection 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  624.155, 624.316, 624.3161, 626.951, 626.9511, 626.9521,

  7  626.9541, 626.9551, 626.9561, 626.9571, 626.9581, 626.9591,

  8  626.9601, 627.413, 627.4145, 627.428, and 627.6043.

  9         Section 2.  Section 624.478, Florida Statutes, is

10  repealed.

11         Section 3.  This act shall take effect upon becoming a

12  law.

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