House Bill 1035

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    Florida House of Representatives - 1999                HB 1035

        By Representative C. Green






  1                      A bill to be entitled

  2         An act relating to health insurance; creating

  3         the Florida Health Endowment Association as a

  4         nonprofit entity to provide insurance coverage

  5         to individuals whose health insurance has been

  6         involuntarily terminated for reasons other than

  7         nonpayment of premiums; providing for the

  8         association to be governed by a board of

  9         directors; providing membership of the board;

10         providing terms of office; providing for the

11         board members to be reimbursed for expenses;

12         providing immunity from liability for board

13         members and employees of the association;

14         requiring the board to adopt a plan and rules

15         to administer the act; providing additional

16         duties of the board; requiring that the board

17         report to the Governor and Legislature each

18         year; specifying the powers of the board;

19         requiring the board to select a plan

20         administrator; specifying the period of service

21         of the administrator; providing duties of the

22         administrator; providing for payment of the

23         administrator for expenses; requiring that the

24         plan offer a renewable policy that provides

25         specified coverage; requiring that the plan

26         offer major medical expense coverage similar to

27         that provided by the state group health

28         insurance program; providing for covered

29         expenses; providing for premiums, deductibles,

30         and coinsurance; requiring that the board

31         establish premium schedules; providing for

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  1         payment of coverage if the costs exceed the

  2         deductible within a policy year; providing an

  3         exclusion for preexisting conditions under

  4         specified circumstances; providing for other

  5         sources of insurance to be primary; providing a

  6         cause of action for the association for the

  7         recovery of benefits; providing that the

  8         provision of health insurance is not an

  9         entitlement; providing for coverage to be

10         insured by the Florida Health Endowment

11         Association; authorizing the board to contract

12         with insurers for disease management services;

13         providing tax credits for insurance companies

14         that contribute to the Florida Health Endowment

15         Association; providing for unused tax credits

16         to be claimed by a transferee; providing for

17         the plan to be terminated if it becomes

18         financially infeasible; repealing ss. 627.648,

19         627.6482, 627.6484, 627.6486, 627.6487,

20         627.64871, 627.6488, 627.6489, 627.649,

21         627.6492, 627.6494, 627.6496, 627.6498, Florida

22         Statutes, contingent upon the opening of the

23         plan; providing an appropriation; providing an

24         effective date.

25

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

27

28         Section 1.  Florida Health Endowment Association.--

29         (1)  There is created a nonprofit legal entity to be

30  known as the "Florida Health Endowment Association."

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  1         (2)(a)  The association shall operate subject to the

  2  supervision and approval of a five-member board of directors.

  3  The board of directors shall be composed as follows:

  4         1.  The Secretary of Health, or his or her designee,

  5  who shall be the chairperson of the board.

  6         2.  The Insurance Commissioner, or his or her designee.

  7         3.  The Governor shall appoint three members as

  8  follows:

  9         a.  One representative of policyholders who is not

10  associated with the medical profession or a hospital.

11         b.  One representative of the health insurance

12  industry.

13         c.  One member of the public.

14

15  The administrator of the plan, or his or her affiliate, may

16  not be a member of the board. Any board member appointed may

17  be removed and replaced by his or her appointor at any time

18  without cause.

19         (b)  All board members, including the chairperson,

20  shall be appointed to staggered 3-year terms beginning on a

21  date established in the plan of operation.

22         (c)  The board of directors may employ persons to

23  perform the administrative and financial transactions and

24  responsibilities of the association and to perform other

25  necessary and proper functions not prohibited by law.

26         (d)  Board members may be reimbursed from moneys of the

27  association for actual and necessary expenses incurred by them

28  as members, but may not otherwise be compensated for their

29  services.

30         (e)  There is no liability on the part of, and no cause

31  of action of any nature shall arise against, any employee of

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  1  the association, member of the board of directors of the

  2  association, or a representative of the Department of Health

  3  for any act or omission taken by them in the performance of

  4  their powers and duties under this act, unless such act or

  5  omission by such person is in intentional disregard of the

  6  rights of the claimant.

  7         (f)  Meetings of the board are subject to section

  8  286.011, Florida Statutes.

  9         (3)  The board of directors of the association shall

10  adopt a plan pursuant to this act and submit its articles,

11  bylaws, and operating rules to the Department of Health for

12  approval. If the board of directors fails to adopt such plan

13  and suitable articles, bylaws, and operating rules within 180

14  days after the appointment of the board, the department shall

15  adopt rules to implement this act, and such rules shall remain

16  in effect until superseded by a plan and articles, bylaws, and

17  operating rules submitted by the board of directors and

18  approved by the department.

19         (4)  The board of directors of the association shall:

20         (a)  Establish administrative and accounting procedures

21  for the operation of the association.

22         (b)  Contract with an actuary to evaluate the pool of

23  insureds in the plan and monitor the financial status of the

24  Florida Health Endowment Trust Fund. The actuary shall

25  recommend to the board the opening and closing of the plan,

26  which must be based on an analysis of the trust fund; the

27  income of the trust fund; and any premiums, deductibles, and

28  coinsurance paid to the association.

29         (c)  Establish eligibility requirements for individuals

30  participating in the plan to ensure an actuarially sound

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  1  insurance pool. Eligibility shall, at a minimum, be contingent

  2  upon:

  3         1.  An individual being a resident of the state for at

  4  least 1 year prior to the date of application for insurance

  5  coverage under the plan; and

  6         2.  An individual receiving health care benefits within

  7  the state.

  8         (d)  Establish procedures under which applicants and

  9  participants in the plan may have grievances reviewed by an

10  impartial body and reported to the board.

11         (e)  Select an administrator in accordance with section

12  2 of this act.

13         (f)  Require that all policy forms issued by the

14  association conform to standard forms developed by the

15  association. The forms shall be approved by the Department of

16  Insurance.

17         (g)  Develop and implement a program to publicize the

18  existence of the plan, the eligibility requirements for the

19  plan, and the procedures for enrollment in the plan, and

20  maintain public awareness of the plan.

21         (h)  Design and employ cost-containment measures and

22  requirements that may include preadmission certification, home

23  health care, hospice care, negotiated purchase of medical and

24  pharmaceutical supplies, and individual case management.

25         (i)  Contract with preferred provider organizations and

26  health maintenance organizations giving due consideration to

27  the preferred provider organizations and health maintenance

28  organizations that have contracted with the state group health

29  insurance program pursuant to section 110.123, Florida

30  Statutes. If cost-effective and available in the county where

31  the policyholder resides, the board, upon application or

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  1  renewal of a policy, shall place a high-risk individual, as

  2  established under section 3 of this act, with the plan case

  3  manager who shall determine the most cost-effective quality

  4  care system or health care provider and shall place the

  5  individual in such system or with such health care provider.

  6  If cost-effective and available in the county where the

  7  policyholder resides, the board, with the consent of the

  8  policyholder, may place a low-risk or medium-risk individual,

  9  as established under section 3 of this act, with the plan case

10  manager who may determine the most cost-effective quality care

11  system or health care provider and shall place the individual

12  in such system or with such health care provider. Prior to and

13  during the implementation of case management, the plan case

14  manager shall obtain input from the policyholder, parent, or

15  guardian.

16         (j)  Employ a case manager or managers to supervise and

17  manage the medical care or coordinate the supervision and

18  management of the medical care, with the administrator, of

19  specified individuals. The case manager, with the approval of

20  the board, shall have final approval over the case management

21  for any specific individual.

22         (k)  Appoint an executive director to serve as the

23  chief administrative and operational officer of the board and

24  to perform other duties assigned to him or her by the board.

25         (l)  Administer the Florida Health Endowment Trust Fund

26  in a manner that is sufficiently actuarially sound to defray

27  the obligations of the program. The board shall annually

28  evaluate or cause to be evaluated the actuarial soundness of

29  the fund. If the board perceives a need for additional assets

30  in order to preserve actuarial soundness, the board may adjust

31  the terms of the plan to ensure such soundness.

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  1         (m)  Establish a comprehensive investment plan with the

  2  approval of the State Board of Administration. The

  3  comprehensive investment plan must specify the investment

  4  policies to be used by the board in administering the fund.

  5  The board may place assets of the fund in savings accounts or

  6  use the fund to purchase fixed or variable life insurance or

  7  annuity contracts, securities, evidence of indebtedness, or

  8  other investment products pursuant to the comprehensive

  9  investment plan and in such proportions as are designated or

10  approved under the investment plan. Such insurance, annuity,

11  savings, or investment products must be underwritten and

12  offered in compliance with the applicable federal and state

13  laws and rules by persons who are authorized by applicable

14  federal and state authorities. Within the comprehensive

15  investment plan, the board may authorize investment vehicles,

16  or products incident thereto, as are available or offered by

17  qualified companies or persons.

18         (n)  Solicit proposals and contract, pursuant to

19  section 287.057, Florida Statutes, for a trustee services firm

20  to select and supervise investment programs on behalf of the

21  board. The goals of the board in selecting a trustee services

22  firm shall be to obtain the highest standards of professional

23  trustee services, to allow all qualified firms interested in

24  providing such services equal consideration, and to provide

25  such services to the state at no cost and to the purchasers at

26  the lowest cost possible. The trustee services firm must agree

27  to meet the obligations of the board to qualified

28  beneficiaries if moneys in the fund fail to offset the

29  obligations of the board as a result of imprudent selection or

30  supervision of investment programs by such firm. Evaluations

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  1  of proposals submitted under this paragraph must include, but

  2  not be limited to, the following criteria:

  3         1.  Adequacy of trustee services for supervising and

  4  managing the program, including current operations and staff

  5  organization and commitment of management to the proposal.

  6         2.  Capability to execute plan responsibilities within

  7  time and regulatory constraints.

  8         3.  Past experience in trustee services and current

  9  ability to maintain regular and continuous interactions with

10  the board, records administrator, and product provider.

11         4.  The minimum purchaser participation assumed within

12  the proposal and any additional requirements of purchasers.

13         5.  Adequacy of technical assistance and services

14  proposed for the staff.

15         6.  Adequacy of a management system for evaluating and

16  improving overall trustee services to the plan.

17         7.  Adequacy of facilities, equipment, and electronic

18  data processing services.

19         8.  Detailed projections of administrative costs,

20  including the amount and type of insurance coverage, and

21  detailed projections of total costs.

22         (o)  Make a report to the Governor, the President of

23  the Senate, the Speaker of the House of Representatives, and

24  the Minority Leaders of the Senate and the House of

25  Representatives not later than October 1 of each year. The

26  report must summarize the activities of the plan for the

27  12-month period ending December 31 of the previous year,

28  including then-current data and estimates as to net written

29  and earned premiums, the expense of administration, the paid

30  and incurred losses for the year, the financial status of the

31  Florida Health Endowment Trust Fund, and any recommendations

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  1  by the actuary for the opening or closing of the plan. The

  2  report shall also include analysis and recommendations for

  3  legislative changes regarding utilization review, quality

  4  assurance, an evaluation of the administrator of the plan,

  5  access to cost-effective health care, and the cost-containment

  6  and case-management policy and recommendations concerning the

  7  opening of enrollment.

  8         (5)  The board of directors of the association shall

  9  have the powers necessary or proper to carry out the

10  provisions of this act, including, but not limited to, the

11  power to:

12         (a)  Adopt an official seal and rules.

13         (b)  Exercise powers granted to insurers under the laws

14  of this state.

15         (c)  Sue or be sued.

16         (d)  Make and execute contracts and other necessary

17  instruments.

18         (e)  Prepare or contract for a performance audit of the

19  administrator of the association.

20         (f)  Invest funds not required for immediate

21  disbursement.

22         (g)  Appear in its own behalf before boards,

23  commissions, or other governmental agencies.

24         (h)  Hold, buy, and sell any instruments, obligations,

25  securities, and property determined appropriate by the board.

26         (i)  Restrict the number of participants in the plan

27  based on actuarial estimates. However, any person denied

28  participation solely on the basis of such restriction shall be

29  granted priority on a first-come, first-served basis for

30  participation in the succeeding years in which the plan is

31  reopened for participants.

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  1         (j)  Contract for necessary goods and services; employ

  2  necessary personnel; and engage the services of private

  3  consultants, actuaries, managers, legal counsel, and auditors

  4  for administrative or technical assistance.

  5         (k)  Solicit and accept gifts, grants, loans, and other

  6  aids from any source or participate in any other way in any

  7  government program to carry out the purposes of this section.

  8         (l)  Require and collect administrative fees and

  9  charges in connection with any transaction and impose

10  reasonable penalties, including default, for delinquent

11  payments or for entering into the plan on a fraudulent basis.

12         (m)  Procure insurance against any loss in connection

13  with the property, assets, and activities of the fund or the

14  board.

15         (n)  Establish other policies, procedures, and criteria

16  to implement and administer this section.

17         (o)  Adopt procedures to govern contract dispute

18  proceedings between the board and its vendors.

19         Section 2.  Administrator.--

20         (1)  The board shall select an administrator, through a

21  competitive bidding process, to administer the plan. The board

22  shall evaluate bids submitted under this subsection based on

23  criteria established by the board, which criteria must

24  include:

25         (a)  The administrator's proven ability to handle

26  individual accident and health insurance, and due

27  consideration shall be given to any administrator who has

28  acted as a third-party administrator for the state group

29  health insurance program pursuant to section 110.123, Florida

30  Statutes.

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  1         (b)  The extent to which the administrator has

  2  developed a network of health care providers for providing

  3  managed health care on a statewide basis.

  4         (c)  The efficiency of the administrator's

  5  claims-paying procedures.

  6         (d)  An estimate of total charges for administering the

  7  plan.

  8         (2)  The administrator shall serve for a period of 3

  9  years. At least 1 year prior to the expiration of each 3-year

10  period of service by an administrator, the board shall invite

11  all insurers, including the current administering insurer, to

12  submit bids to serve as the administrator for the succeeding

13  3-year period. The selection of the administrator for the

14  succeeding period must be made at least 6 months prior to the

15  end of the current 3-year period.

16         (3)  The administrator shall:

17         (a)  Perform all eligibility and administrative

18  claims-payment functions relating to the plan.

19         (b)  Pay an agent's referral fee as established by the

20  board to each insurance agent who refers an applicant to the

21  plan, if the applicant's application is accepted. The selling

22  or marketing of plans is not limited to the administrator or

23  its agents. However, any agent must be selected by the board

24  and licensed by the Department of Insurance to sell health

25  insurance in this state. The referral fees shall be paid by

26  the administrator from moneys received as premiums for the

27  plan.

28         (c)  Establish a premium-billing procedure for

29  collecting premiums from insured persons. Billings shall be

30  made periodically as determined by the board.

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  1         (d)  Perform all necessary functions to assure timely

  2  payment of benefits under the plan, including:

  3         1.  Making available information relating to the proper

  4  manner of submitting a claim for benefits under the plan and

  5  distributing forms upon which submissions are made.

  6         2.  Evaluating the eligibility of each claim for

  7  payment under the plan.

  8         3.  Notifying each claimant, within the time limits

  9  prescribed by law, as to insurers after receiving a properly

10  completed and executed proof of loss whether the claim is

11  accepted, rejected, or compromised.

12         (e)  Submit regular reports to the board regarding the

13  operation of the plan. The frequency, content, and form of the

14  reports shall be determined by the board.

15         (f)  Following the close of each calendar year,

16  determine net premiums, reinsurance premiums less

17  administrative expense allowance, and the expense of

18  administration pertaining to the reinsurance operations of the

19  association.

20         (g)  Pay claims expenses from the premium payments

21  received from or on behalf of covered persons under the plan.

22  If the payments by the administrator for claims expenses

23  exceed the portion of premiums allocated by the board for

24  payment of claims expenses, the board shall provide the

25  administrator with additional funds for payment of claims

26  expenses to the extent that such funds are available.

27         (4)(a)  The administrator shall be paid, as provided in

28  the contract of the association, for its direct and indirect

29  expenses incurred in the performance of its services.

30         (b)  As used in this subsection, the term "direct and

31  indirect expenses" includes that portion of the audited

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  1  administrative costs, printing expenses, claims administration

  2  expenses, management expenses, building overhead expenses, and

  3  other actual operating and administrative expenses of the

  4  administering insurer which are approved by the board as

  5  allocable to the administration of the plan and included in

  6  the bid specifications.

  7         Section 3.  Minimum benefits coverage; exclusions;

  8  premiums; deductibles.--

  9         (1)  COVERAGE OFFERED.--

10         (a)  The plan shall offer in an annually renewable

11  policy the coverage specified in this section for each

12  eligible person.

13         (b)  If an eligible person is also eligible for

14  Medicare coverage, the plan may not pay or reimburse any

15  person for expenses paid by Medicare.

16         (c)  Any person whose health insurance coverage is

17  involuntarily terminated for any reason other than nonpayment

18  of premium may apply for coverage under the plan. If such

19  coverage is applied for within 60 days after the involuntary

20  termination and if premiums are paid for the entire period of

21  coverage, the effective date of the coverage shall be the date

22  of termination of the previous coverage.

23         (d)  Coverage provided to a person who is eligible for

24  Medicare benefits may not be issued as a Medicare supplement

25  policy as defined in section 627.672, Florida Statutes.

26         (2)  BENEFITS.--

27         (a)  The plan shall offer major medical expense

28  coverage similar to that provided by the state group health

29  insurance program as defined in section 110.123, Florida

30  Statutes, except as specified in subsection (3), to every

31  eligible person who is not eligible for Medicare. Major

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  1  medical expense coverage offered under the plan shall pay an

  2  eligible person's covered expenses, subject to limits on the

  3  deductible and coinsurance payments authorized under

  4  subsection (4), up to a lifetime limit of $500,000 per covered

  5  individual. The maximum limit under this paragraph may not be

  6  altered by the board, and no actuarially equivalent benefit

  7  may be substituted by the board.

  8         (b)  The plan shall provide that any policy issued to a

  9  person eligible for Medicare shall be separately rated to

10  reflect differences in experience reasonably expected to occur

11  as a result of Medicare payments.

12         (3)  COVERED EXPENSES.--The coverage to be issued by

13  the association shall be patterned after the state group

14  health insurance program as defined in section 110.123,

15  Florida Statutes, including its benefits, exclusions, and

16  other limitations, except as otherwise provided in this act.

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

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

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

20  higher amounts proposed by the board and approved by the

21  Department of Health, plus the benefits payable under any

22  other type of insurance coverage or workers' compensation. The

23  schedule of premiums and deductibles shall be established by

24  the association. With regard to any preferred provider

25  arrangement used by the association, the deductibles provided

26  in this paragraph shall be the minimum deductibles applicable

27  to the preferred providers and higher deductibles, as approved

28  by the department, may be applied to providers who are not

29  preferred providers.

30         1.  Separate schedules of premium rates based on age

31  may apply for individual risks.

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

  2         3.  Standard risk rates for coverages issued by the

  3  association shall be established under section 627.6675(3),

  4  Florida Statutes.

  5         4.  The board shall establish separate premium

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

  7  and high-risk individuals and shall revise premium schedules

  8  annually beginning January 1999. A rate may not exceed 200

  9  percent of the standard risk rate for low-risk individuals,

10  225 percent of the standard risk rate for medium-risk

11  individuals, or 250 percent of the standard risk rate for

12  high-risk individuals. For the purpose of determining what

13  constitutes a low-risk individual, medium-risk individual, or

14  high-risk individual, the board shall consider the anticipated

15  claims payment for individuals based upon an individual's

16  health condition.

17         (b)  If the covered costs incurred by the eligible

18  person exceed the deductible for major medical expense

19  coverage selected by the person in a policy year, the plan

20  shall pay in the following manner:

21         1.  For individuals placed under case management, the

22  plan shall pay 90 percent of the additional covered costs

23  incurred by the person during the policy year for the first

24  $10,000, after which the plan shall pay 100 percent of the

25  covered costs incurred by the person during the policy year.

26         2.  For individuals using the preferred provider

27  network, the plan shall pay 80 percent of the additional

28  covered costs incurred by the person during the policy year

29  for the first $10,000, after which the plan shall pay 90

30  percent of covered costs incurred by the person during the

31  policy year.

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  1         3.  If the person does not use the case management

  2  system or the preferred provider network, the plan shall pay

  3  60 percent of the additional covered costs incurred by the

  4  person for the first $10,000, after which the plan shall pay

  5  70 percent of the additional covered costs incurred by the

  6  person during the policy year.

  7         (c)  All premiums, deductibles, and coinsurance paid to

  8  the association shall be deposited with the Florida Health

  9  Endowment Association.

10         (5)  PREEXISTING CONDITIONS.--An association policy may

11  contain provisions under which coverage is excluded during a

12  period of 12 months following the effective date of coverage

13  with respect to a given covered individual for any preexisting

14  condition, if:

15         (a)  The condition manifested itself within 6 months

16  before the effective date of coverage; or

17         (b)  Medical advice or treatment was recommended or

18  received within 6 months before the effective date of

19  coverage.

20         (6)  OTHER SOURCES PRIMARY.--

21         (a)  Any amounts paid or payable by Medicare or any

22  other governmental program or any other insurance, or

23  self-insurance maintained in lieu of otherwise statutorily

24  required insurance, may not be made or recognized as claims

25  under such policy or be recognized as or towards satisfaction

26  of applicable deductibles or out-of-pocket maximums or to

27  reduce the limits of benefits available.

28         (b)  The association has a cause of action against a

29  participant for any benefits paid to the participant which

30  should not have been claimed or recognized as claims because

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  1  of the provisions of this subsection or because the condition

  2  is not covered.

  3         (7)  NONENTITLEMENT.--This section does not provide an

  4  individual with an entitlement to health care services or

  5  health insurance. No cause of action shall arise against the

  6  state, the board, or a unit of local government for failure to

  7  make health services or health insurance available under this

  8  section.

  9         (8)  ISSUING OF POLICIES.--The coverage provided by

10  this plan shall be directly insured by the Florida Health

11  Endowment Association, and the policies shall be issued

12  through the administrator.

13         Section 4.  Disease management services.--

14         (1)  The association may contract with insurers to

15  provide disease management services for insurers that elect to

16  participate in the association disease management program.

17         (2)  An insurer that elects to contract for such

18  services shall provide the association with all medical

19  records and claims information necessary for the association

20  to effectively manage the services.

21         (3)  Moneys collected by the association for providing

22  disease management services shall be used by the association

23  to pay administrative expenses associated with the disease

24  management program and any remaining moneys shall be deposited

25  in the Florida Health Endowment Trust Fund.

26         Section 5.  Tax credits.--

27         (1)(a)  Any insurance company subject to premium tax

28  liability pursuant to section 624.509, Florida Statutes, who

29  makes a contribution to the Florida Health Endowment

30  Association shall earn a vested credit against premium tax

31  liability equal to 100 percent of the contribution. Insurance

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    Florida House of Representatives - 1999                HB 1035

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  1  companies may use not more than 25 percentage points of the

  2  vested premium tax credit, including any carryforward credits

  3  under this act, per year beginning with premium tax filings

  4  for calendar year 2001. Any premium tax credits not used in

  5  any single year may be carried forward and applied against the

  6  premium tax liabilities for subsequent calendar years.

  7         (b)  The credit to be applied against premium tax

  8  liability in any single year may not exceed the premium tax

  9  liability of the insurance company for that taxable year.

10         (c)  An insurance company claiming a credit against

11  premium tax liability earned through an investment in the

12  Florida Health Endowment Association is not required to pay

13  any additional retaliatory tax levied under section 624.5091,

14  Florida Statutes, as a result of claiming such credit. Because

15  credits under this section are available to an insurance

16  company, section 624.5091, Florida Statutes, does not limit

17  such credit in any manner.

18         (2)  The claim of a transferee of an insurance

19  company's unused premium tax credit shall be permitted in the

20  same manner and subject to the same provisions and limitations

21  of this act as the original insurance company. The term

22  "transferee" means any person who:

23         (a)  Through the voluntary sale, assignment, or other

24  transfer of the business or control of the business of the

25  insurance company, including the sale or other transfer of

26  stock or assets by merger, consolidation, or dissolution,

27  succeeds to all or substantially all of the business and

28  property of the insurance company;

29         (b)  Becomes by operation of law or otherwise the

30  parent company or a wholly owned subsidiary of the insurance

31  company; or

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  1         (c)  Directly or indirectly owns, whether through

  2  rights, options, convertible interests, or otherwise,

  3  controls, or holds power to vote 10 percent or more of the

  4  outstanding voting securities or other ownership interest of

  5  the insurance company.

  6         Section 6.  Plan termination.--If the state determines

  7  the plan to be financially infeasible, the state may

  8  discontinue the plan. Any participants shall be entitled to

  9  exercise the complete benefits for which he or she has

10  contracted. However, additional participants may not be

11  permitted to enter the plan.

12         Section 7.  Section 627.648, Florida Statutes; section

13  627.6482, Florida Statutes, as amended by sections 224 and 292

14  of chapter 98-166, Laws of Florida; sections 627.6484 and

15  627.6486, Florida Statutes; section 627.6487, Florida

16  Statutes, as amended by section 5 of chapter 98-159, Laws of

17  Florida; sections 627.64871, 627.6488, 627.6489, 627.649,

18  627.6492, 627.6494, and 627.6496, Florida Statutes; and

19  section 627.6498, Florida Statutes, as amended by section 6 of

20  chapter 98-159, Laws of Florida, are repealed effective upon

21  the opening of the plan by the board. Effective upon the date

22  of the opening of the plan, all individuals who have insurance

23  coverage issued by the Florida Comprehensive Health

24  Association on that date shall be issued insurance coverage

25  under the plan.

26         Section 8.  The sum of $       is appropriated from the

27  General Revenue Fund to the Florida Health Endowment Trust

28  Fund.

29         Section 9.  This act shall take effect July 1, 1999.

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  2                          SENATE SUMMARY

  3    Creates the Florida Health Endowment Association to offer
      health insurance coverage to persons whose health
  4    insurance has been involuntarily terminated for any
      reason other than nonpayment. Provides for the
  5    association to be governed by a board of directors.
      Requires that the board adopt a plan and rules to
  6    administer the health insurance plan. Requires that the
      board select a plan administrator. Requires that the plan
  7    offer major medical expense coverage similar to that
      provided by the state group health insurance program.
  8    Provides for premiums, deductibles, and coinsurance.
      Requires that the board establish premium schedules.
  9    Authorizes the board of directors to contract with
      insurers for disease-management services. Provides for
10    tax credits for insurance companies that contribute to
      the Florida Health Endowment Association. Repeals the
11    Florida Comprehensive Health Association Act and provides
      for individuals that have coverage under that act to be
12    transferred to the Florida Health Endowment Association.
      (See bill for details.)
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