House Bill 4815e1

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                                          HB 4815, First Engrossed



  1                      A bill to be entitled

  2         An act relating to workers' compensation;

  3         amending s. 440.09, F.S.; excluding coverage

  4         under the Defense Base Act; amending s.

  5         440.134, F.S.; providing individually

  6         self-insured employers the option to provide

  7         medical benefits either through managed care

  8         arrangements or without managed care

  9         arrangements; amending s. 440.135, F.S.;

10         modifying the requirements of the 24-hour

11         health insurance coverage pilot programs;

12         amending s. 440.38, F.S.; permitting local

13         government participation in 24-hour health

14         insurance coverage;  providing an effective

15         date.

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

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19         Section 1.  Subsection (2) of section 440.09, Florida

20  Statutes, is amended to read:

21         440.09  Coverage.--

22         (2)  Benefits are not payable in respect of the

23  disability or death of any employee covered by the Federal

24  Employer's Liability Act, the Longshoremen's and Harbor

25  Worker's Compensation Act, the Defense Base Act, or the Jones

26  Act.

27         Section 2.  Paragraph (b) of subsection (2) of section

28  440.134, Florida Statutes, is amended to read:

29         440.134  Workers' compensation managed care

30  arrangement.--

31         (2)


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                                          HB 4815, First Engrossed



  1         (b)  Effective January 1, 1997, the employer shall,

  2  subject to the limitations specified elsewhere in this

  3  chapter, furnish to the employee solely through managed care

  4  arrangements such medically necessary remedial treatment,

  5  care, and attendance for such period as the nature of the

  6  injury or the process of recovery requires pursuant to s.

  7  440.13(2)(a) and (b).  An employer that has secured coverage

  8  under s. 440.38(1)(b) as an individual self-insurer or under

  9  s. 440.38(6) shall furnish such medically necessary remedial

10  treatment, care, and attendance to the employee for such a

11  period as the nature or process of recovery may require

12  pursuant to s. 440.13(2)(a) and (b) either through managed

13  care arrangements or without managed care arrangements. An

14  individual self-insured employer utilizing a workers'

15  compensation managed care arrangement otherwise in compliance

16  with this section may unilaterally elect to be exempt from

17  obtaining any approval from the agency or making any filing

18  with the agency required by this section. Nothing in this

19  subsection shall be construed to prevent an individual

20  self-insurer from implementing or continuing to use managed

21  care arrangements in accordance with this section.

22         Section 3.  Paragraph (f) of subsection (1) of section

23  440.135, Florida Statutes, is amended to read:

24         440.135  Pilot programs for medical and remedial care

25  in workers' compensation.--

26         (1)  It is the intent of the Legislature to determine

27  whether the costs of the workers' compensation system can be

28  effectively contained by monitoring more closely the medical,

29  hospital, and remedial care required by s. 440.13, while

30  providing injured workers with more prompt and effective care

31  and earlier restoration of earning capacity without diminution


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                                          HB 4815, First Engrossed



  1  of the quality of such care. It is the further intent of the

  2  Legislature to determine whether the total cost to an employer

  3  that provides a policy or plan of health insurance and a

  4  separate policy or plan of workers' compensation and

  5  employer's liability insurance for its employees can be

  6  reduced by combining both coverages under a policy or plan

  7  that provides 24-hour health insurance coverage as set forth

  8  in this section. Therefore, the Legislature authorizes the

  9  establishment of one or more pilot programs to be administered

10  by the Department of Insurance after consulting with the

11  division. Each pilot program shall terminate 2 years after the

12  first date of operation of the program, unless extended by act

13  of the Legislature. In order to evaluate the feasibility of

14  implementing these pilot programs, the Department of Insurance

15  shall consult with the division regarding:

16         (f)  Initiating one or more pilot programs under which

17  participating employers would provide a 24-hour health

18  insurance coverage policy to their employees under a single

19  insurance plan policy or self-insured plan that may contain

20  more than one policy. The policy or plan must provide a level

21  of health insurance benefits which meets criteria established

22  by the Department of Insurance but which provides medical

23  benefits for at least occupational injuries and illnesses

24  comparable to those required by this chapter and which may use

25  deductibles and coinsurance provisions that require the

26  employee to pay a portion of the actual medical care received

27  by the employee, notwithstanding any other provisions of this

28  chapter. The policy or plan may also provide indemnity

29  benefits as specified in s. 440.38(1)(e). The employer shall

30  pay the entire workers' compensation portion of the premium

31  for the 24-hour health insurance policy or self-insured plan.


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                                          HB 4815, First Engrossed



  1  The employee may pay all or part of the nonworkers'

  2  compensation portion of the premium and all or part of other

  3  than the portion of the premium which relates to dependent

  4  coverage.

  5         Section 4.  Paragraph (e) of subsection (1) of section

  6  440.38, Florida Statutes, is amended to read:

  7         440.38  Security for compensation; insurance carriers

  8  and self-insurers.--

  9         (1)  Every employer shall secure the payment of

10  compensation under this chapter:

11         (e)  In accordance with s. 440.135, an employer, other

12  than a local government unit, may elect coverage under the

13  Workers' Compensation Law and retain the benefit of the

14  exclusiveness of liability provided in s. 440.11 by obtaining

15  a 24-hour health insurance policy from an authorized property

16  and casualty insurance carrier or an authorized life and

17  health insurance carrier, or by participating in a fully or

18  partially self-insured 24-hour health plan that is established

19  or maintained by or for two or more employers, so long as the

20  law of this state is not preempted by the Employee Retirement

21  Income Security Act of 1974, Pub. L. No. 93-406, or any

22  amendment to that law, which policy or plan must provide, for

23  at least occupational injuries and illnesses, medical benefits

24  that are comparable to those required by this chapter. A local

25  government unit, as a single employer, in accordance with s.

26  440.135, may participate in the 24-hour health insurance

27  coverage plan referenced in this paragraph. Disputes and

28  remedies arising under policies issued under this section are

29  governed by the terms and conditions of the policies and under

30  the applicable provisions of the Florida Insurance Code and

31  rules adopted under the insurance code and other applicable


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                                          HB 4815, First Engrossed



  1  laws of this state. The 24-hour health insurance policy may

  2  provide for health care by a health maintenance organization

  3  or a preferred provider organization. The premium for such

  4  24-hour health insurance policy shall be paid entirely by the

  5  employer. The 24-hour health insurance policy may use

  6  deductibles and coinsurance provisions that require the

  7  employee to pay a portion of the actual medical care received

  8  by the employee. If an employer obtains a 24-hour health

  9  insurance policy or self-insured plan to secure payment of

10  compensation as to medical benefits, the employer must also

11  obtain an insurance policy or policies that provide indemnity

12  benefits as follows:

13         1.  If indemnity benefits are provided only for

14  occupational-related disability, such benefits must be

15  comparable to those required by this chapter.

16         2.  If indemnity benefits are provided for both

17  occupational-related and nonoccupational-related disability,

18  such benefits must be comparable to those required by this

19  chapter, except that they must be based on 60 percent of the

20  average weekly wages.

21         3.  The employer shall provide for each of its

22  employees life insurance with a death benefit of $100,000.

23         4.  Policies providing coverage under this subsection

24  must use prescribed and acceptable underwriting standards,

25  forms, and policies approved by the Department of Insurance.

26  If any insurance policy that provides coverage under this

27  section is canceled, terminated, or nonrenewed for any reason,

28  the cancellation, termination, or nonrenewal is ineffective

29  until the self-insured employer or insurance carrier or

30  carriers notify the division and the Department of Insurance

31  of the cancellation, termination, or nonrenewal, and until the


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                                          HB 4815, First Engrossed



  1  division has actually received the notification. The division

  2  must be notified of replacement coverage under a workers'

  3  compensation and employer's liability insurance policy or plan

  4  by the employer prior to the effective date of the

  5  cancellation, termination, or nonrenewal; or

  6         Section 5.  This act shall take effect upon becoming a

  7  law.

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