Senate Bill 1800c1

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    Florida Senate - 1999                           CS for SB 1800

    By the Committee on Banking and Insurance; and Senator Latvala





    311-2029-99

  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         providing definitions; providing eligibility

20         criteria; providing exceptions; requiring the

21         board to select a plan administrator;

22         specifying the period of service of the

23         administrator; providing duties of the

24         administrator; providing for payment of the

25         administrator for expenses; requiring that the

26         plan offer a renewable policy that provides

27         specified coverage; requiring that the plan

28         offer major medical expense coverage similar to

29         that provided by the state group health

30         insurance program; providing for covered

31         expenses; providing for premiums, deductibles,

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    Florida Senate - 1999                           CS for SB 1800
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  1         and coinsurance; requiring that the board

  2         establish premium schedules; providing for

  3         payment of coverage if the costs exceed the

  4         deductible within a policy year; providing an

  5         exclusion for preexisting conditions under

  6         specified circumstances; providing for other

  7         sources of insurance to be primary; providing a

  8         cause of action for the association for the

  9         recovery of benefits; providing that the

10         provision of health insurance is not an

11         entitlement; providing for coverage to be

12         insured by the Florida Health Endowment

13         Association; authorizing the board to contract

14         with insurers for disease management services;

15         providing tax credits for insurance companies

16         that contribute to the Florida Health Endowment

17         Association; providing for unused tax credits

18         to be claimed by a transferee; providing for

19         the plan to be terminated if it becomes

20         financially infeasible; repealing ss. 627.648,

21         627.6482, 627.6484, 627.6486, 627.6487,

22         627.64871, 627.6488, 627.6489, 627.649,

23         627.6492, 627.6494, 627.6496, 627.6498, Florida

24         Statutes; providing an appropriation; providing

25         a contingent effective date.

26

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

28

29         Section 1.  Florida Health Endowment Association.--

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

31  known as the "Florida Health Endowment Association."

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    Florida Senate - 1999                           CS for SB 1800
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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  from the Department of Health, who shall be the chairperson of

  6  the board.

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

  8  from the Department of Insurance.

  9         3.  The Governor shall appoint three members as

10  follows:

11         a.  One representative of policyholders who is not

12  associated with the medical profession or a hospital.

13         b.  One representative of the health insurance

14  industry.

15         c.  One member of the public.

16

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

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

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

20  without cause.

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

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

23  date established in the plan of operation.

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

25  perform the administrative and financial transactions and

26  responsibilities of the association and to perform other

27  necessary and proper functions not prohibited by law.

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

29  association for actual and necessary expenses incurred by them

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

31  services.

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    Florida Senate - 1999                           CS for SB 1800
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  1         (e)  There is no liability on the part of, and no cause

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

  3  the association, member of the board of directors of the

  4  association, or a representative of the Department of Health

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

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

  7  omission by such person is in intentional disregard of the

  8  rights of the claimant.

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

10  286.011, Florida Statutes.

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

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

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

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

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

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

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

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

19  operating rules submitted by the board of directors and

20  approved by the department.

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

22         (a)  Establish administrative and accounting procedures

23  for the operation of the association.

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

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

26  Florida Health Endowment Trust Fund. The actuary shall

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

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

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

30  coinsurance paid to the association.

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    Florida Senate - 1999                           CS for SB 1800
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  1         (c)  Establish eligibility requirements for individuals

  2  participating in the plan to ensure an actuarially sound

  3  insurance pool.

  4         (d)  Establish procedures under which applicants and

  5  participants in the plan may have grievances reviewed by an

  6  impartial body and reported to the board.

  7         (e)  Select an administrator in accordance with section

  8  4 of this act.

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

10  association conform to standard forms developed by the

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

12  Insurance.

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

14  existence of the plan, the eligibility requirements for the

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

16  maintain public awareness of the plan.

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

18  requirements that shall include, but are not limited to,

19  preadmission certification, any out-of-state health care, home

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

21  pharmaceutical supplies, and individual case management.

22         (i)  Contract with preferred provider organizations and

23  health maintenance organizations giving due consideration to

24  the preferred provider organizations. If cost-effective and

25  available in the county where the policyholder resides, the

26  board, upon application or renewal of a policy, shall place a

27  high-risk individual, as established under section 5 of this

28  act, with the plan case manager who shall determine the most

29  cost-effective quality care system or health care provider and

30  shall place the individual in such system or with such health

31  care provider. If cost-effective and available in the county

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    Florida Senate - 1999                           CS for SB 1800
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  1  where the policyholder resides, the board, with the consent of

  2  the policyholder, may place a low-risk or medium-risk

  3  individual, as established under section 5 of this act, with

  4  the plan case manager who may determine the most

  5  cost-effective quality care system or health care provider and

  6  shall place the individual in such system or with such health

  7  care provider. Prior to and during the implementation of case

  8  management, the plan case manager shall obtain input from the

  9  policyholder, parent, guardian, and health care providers.

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

11  manage the medical care or coordinate the supervision and

12  management of the medical care of specified individuals. The

13  case manager, with the approval of the board, shall have final

14  approval over the case management for any specific individual.

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

16  chief administrative and operational officer of the board and

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

18         (l)  Administer the Florida Health Endowment Trust Fund

19  in a manner that is sufficiently actuarially sound to defray

20  the obligations of the program. The board shall annually

21  evaluate or cause to be evaluated the actuarial soundness of

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

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

24  the benefits of the plan to ensure such soundness.

25         (m)  Establish a comprehensive investment plan with the

26  approval of the State Board of Administration. The

27  comprehensive investment plan must specify the investment

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

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

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

31  annuity contracts, securities, evidence of indebtedness, or

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    Florida Senate - 1999                           CS for SB 1800
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  1  other investment products pursuant to the comprehensive

  2  investment plan and in such proportions as are designated or

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

  4  savings, or investment products must be underwritten and

  5  offered in compliance with the applicable federal and state

  6  laws and rules by persons who are authorized by applicable

  7  federal and state authorities. Within the comprehensive

  8  investment plan, the board may authorize investment vehicles,

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

10  qualified companies or persons.

11         (n)  Solicit proposals and contract, pursuant to

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

13  to select and supervise investment programs on behalf of the

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

15  firm shall be to obtain the highest standards of professional

16  trustee services, to allow all qualified firms interested in

17  providing such services equal consideration, and to provide

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

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

20  to meet the obligations of the board to qualified

21  beneficiaries if moneys in the fund fail to offset the

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

23  supervision of investment programs by such firm. Evaluations

24  of proposals submitted under this paragraph must include, but

25  not be limited to, the following criteria:

26         1.  Adequacy of trustee services for supervising and

27  managing the program, including current operations and staff

28  organization and commitment of management to the proposal.

29         2.  Capability to execute plan responsibilities within

30  time and regulatory constraints.

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  1         3.  Past experience in trustee services and current

  2  ability to maintain regular and continuous interactions with

  3  the board, records administrator, and product provider.

  4         4.  The minimum purchaser participation assumed within

  5  the proposal and any additional requirements of purchasers.

  6         5.  Adequacy of technical assistance and services

  7  proposed for the staff.

  8         6.  Adequacy of a management system for evaluating and

  9  improving overall trustee services to the plan.

10         7.  Adequacy of facilities, equipment, and electronic

11  data processing services.

12         8.  Detailed projections of administrative costs of

13  trustee services, including the amount and type of insurance

14  coverage, and detailed projections of total costs.

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

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

17  the Minority Leaders of the Senate and the House of

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

19  report must summarize the activities of the plan for the

20  12-month period ending December 31 of the previous year,

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

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

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

24  Florida Health Endowment Trust Fund, and any recommendations

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

26  report shall also include analysis and recommendations for

27  legislative changes regarding utilization review, quality

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

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

30  and case-management policy and recommendations concerning the

31  opening of enrollment.

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  1         (p)  Establish a plan of operation which must include

  2  the assumption of all liabilities of the Florida Comprehensive

  3  Health Association and the transition of its remaining

  4  policyholders into the plan.

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

  6  have the powers necessary or proper to carry out the

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

  8  power to:

  9         (a)  Adopt an official seal and rules.

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

11  of this state.

12         (c)  Sue or be sued.

13         (d)  Make and execute contracts and other necessary

14  instruments.

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

16  administrator of the association.

17         (f)  Invest funds not required for immediate

18  disbursement.

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

20  commissions, or other governmental agencies.

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

22  securities, and property determined appropriate by the board.

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

24  based on actuarial estimates. However, any person denied

25  participation solely on the basis of such restriction shall be

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

27  participation in the succeeding years in which the plan is

28  reopened for participants.

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

30  necessary personnel; and engage the services of private

31

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

  2  for administrative or technical assistance.

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

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

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

  6         (l)  Require and collect administrative fees and

  7  charges in connection with any transaction and impose

  8  reasonable penalties, including default, for delinquent

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

10         (m)  Procure insurance against any loss in connection

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

12  board.

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

14  to implement and administer this section.

15         (o)  Adopt procedures to govern contract dispute

16  proceedings between the board and its vendors.

17         Section 2.  Definitions.--As used in sections 1-8, the

18  term:

19         (1)  "Association" means the Florida Health Endowment

20  Association created in section 1.

21         (2)  "Board" means the board of directors of the

22  association.

23         (3)  "Case management" means the specific supervision

24  and management of the medical care provided or prescribed for

25  a specific individual, which may include the use of health

26  care providers designated by the plan case manager.

27         (4)  "Department" means the Department of Health.

28         (5)  "Medicaid" means the medical assistance program

29  authorized by Title XIX of the Social Security Act, 42 U.S.C.

30  s. 1396 et seq., and regulations thereunder, as administered

31  in this state by the agency.

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  1         (6)  "Medicare" means coverage under both parts A and B

  2  of Title XVII of the Social Security Act, 42 U.S.C. ss. 1395

  3  et seq., as amended.

  4         (7)  "Plan case manager" means the person or persons

  5  employed by the association to supervise and manage or

  6  coordinate with the administrator the supervision and

  7  management of the medical care provided or prescribed for a

  8  specific individual.

  9         (8)  "Plan of operation" means the articles, bylaws,

10  and operating rules and procedures adopted by the board

11  pursuant to section 1 of this act.

12         (9)  "Plan" means the comprehensive health insurance

13  plan adopted by the association.

14         (10)  "Resident" means a person who is legally

15  domiciled in this state.

16         Section 3.  Eligibility.--

17         (1)  Except as provided in subsection (2), any

18  individual person, who has been for the previous year and

19  continues to be a resident of the state, shall be eligible for

20  plan coverage if evidence is provided of:

21         (a)  A notice of rejection or refusal to issue

22  substantially similar insurance for health reasons by an

23  insurer licensed to do business in this state; or

24         (b)  A refusal by an insurer to issue insurance except

25  at a rate exceeding the plan rate.

26

27  A rejection or refusal by an insurer offering only stop-loss,

28  excess-of-loss, or reinsurance coverage with respect to the

29  applicant shall be sufficient evidence under this subsection.

30         (2)  The board or administrator shall require

31  verification of residency and shall require any additional

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  1  information or documentation or statements under oath, when

  2  necessary to determine residency upon initial application and

  3  for the entire term of the policy.

  4         (3)  The board shall promulgate a list of medical or

  5  health conditions for which a person is eligible for plan

  6  coverage without applying for health insurance pursuant to

  7  subsection (1). Persons who demonstrate the existence or

  8  history of any medical or health conditions on the list

  9  promulgated by the board shall not be required to provide the

10  evidence specified in subsection (1). The list shall be

11  effective on the first day of the operation of the plan and

12  may be amended as appropriate.

13         (4)  Any resident dependent unmarried child of the

14  insured is eligible from the moment of birth, provided that no

15  other coverage is available. Subject to the provisions of s.

16  627.6041, such coverage shall terminate at the end of the

17  premium period in which the child marries, ceases to be a

18  dependent of the insured, or attains the age of 19, whichever

19  occurs first. However, if the child is a full-time student at

20  an accredited institution of higher learning, the coverage may

21  continue while the child remains unmarried and a full-time

22  student, but not beyond the premium period in which the child

23  reaches age 23.

24         (5)  A person is ineligible for coverage under the plan

25  if:

26         (a)  The person has or obtains health insurance

27  coverage substantially similar to or more comprehensive than a

28  plan policy, or would be eligible to have coverage if the

29  person elected to obtain it.

30         (b)  The person is an inmate or resident of a public

31  institution or correction facility; or

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  1         (c)  The person's premiums are paid for or reimbursed

  2  under any government-sponsored program or by any government

  3  agency or health care provider, except as an agency or health

  4  care provider.

  5         (d)  The person has received $500,000 in covered

  6  benefits that have been paid out pursuant to the plan.

  7         (e)  The person is eligible, on the date of issue of

  8  coverage under the plan, for substantially similar coverage

  9  under another contract or policy, unless such coverage is

10  provided pursuant to the Consolidated Omnibus Budget

11  Reconciliation Act of 1985, Pub. L. No. 99-272, 100 Stat. 82

12  (1986) (COBRA), as amended, and scheduled to end at a time

13  certain and the person meets all other requirements of

14  eligibility. Coverage provided by the association shall be

15  secondary to any coverage provided by an insurer pursuant to

16  COBRA.

17         (f)  The person is currently eligible for health care

18  benefits under Florida's Medicaid program, unless he or she:

19         1.  Has an illness or disease that requires supplies or

20  medication that are covered by the plan but are not included

21  in the benefits or coverage under Florida's Medicaid program;

22  and

23         2.  Is not receiving health care benefits or coverage

24  under Florida's Medicaid program.

25         (5)  Coverage shall cease:

26         (a)  On the date a person is no longer a resident of

27  this state;

28         (b)  On the date a person requests coverage to end;

29         (c)  Upon the death of the covered person;

30         (d)  On the date state law requires cancellation of the

31  policy; or

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  1         (e)  At the option of the plan, 30 days after the plan

  2  makes any inquiry concerning the person's eligibility or place

  3  of residence to which the person does not reply.

  4         (6)  All eligible persons who are classified as

  5  high-risk individuals shall, upon application or renewal,

  6  agree to be placed in a case-management system when it is

  7  determined by the board and the plan case manager that such

  8  system will be cost-effective and provide quality care to the

  9  individual.

10         (7)  The coverage of any person who ceases to meet the

11  eligibility requirements of this section may be terminated

12  immediately. If such person again becomes eligible for

13  subsequent coverage under the plan, any previous claims

14  payments shall be applied towards the $500,000 lifetime

15  maximum benefit and any limitation relating to preexisting

16  conditions in effect at the time such person again becomes

17  eligible shall apply to such person.

18         Section 4.  Administrator.--

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

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

21  shall evaluate bids submitted under this subsection based on

22  criteria established by the board, which criteria must

23  include:

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

25  individual accident and health insurance.

26         (b)  The extent to which the administrator has

27  developed a network of health care providers for providing

28  managed health care on a statewide basis.

29         (c)  The efficiency of the administrator's

30  claims-paying procedures.

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

  2  plan.

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

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

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

  6  all insurers, including the current administering insurer, to

  7  submit bids to serve as the administrator for the succeeding

  8  3-year period. The selection of the administrator for the

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

10  end of the current 3-year period.

11         (3)  The administrator shall:

12         (a)  Perform all eligibility and administrative

13  claims-payment functions relating to the plan, as prescribed

14  by the board.

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

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

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

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

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

20  and licensed by the Department of Insurance to sell health

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

22  the administrator from moneys received as premiums for the

23  plan.

24         (c)  Establish a premium-billing procedure for

25  collecting premiums from insured persons. Billings shall be

26  made periodically as determined by the board.

27         (d)  Perform all necessary functions to assure timely

28  payment of benefits under the plan, including:

29         1.  Making available information relating to the proper

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

31  distributing forms upon which submissions are made.

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  1         2.  Evaluating the eligibility of each claim for

  2  payment under the plan.

  3         3.  Notifying each claimant, within the time limits

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

  5  completed and executed proof of loss whether the claim is

  6  accepted, rejected, or compromised.

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

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

  9  reports shall be determined by the board.

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

11  determine net premiums, reinsurance premiums less

12  administrative expense allowance, and the expense of

13  administration pertaining to the reinsurance operations of the

14  association.

15         (g)  Pay claims expenses from the premium payments

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

17  If the payments by the administrator for claims expenses

18  exceed the portion of premiums allocated by the board for

19  payment of claims expenses, the board shall provide the

20  administrator with additional funds for payment of claims

21  expenses to the extent that such funds are available.

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

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

24  expenses incurred in the performance of its services.

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

26  indirect expenses" includes that portion of the audited

27  administrative costs, printing expenses, claims administration

28  expenses, management expenses, building overhead expenses, and

29  other actual operating and administrative expenses of the

30  administering insurer which are approved by the board as

31

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  1  allocable to the administration of the plan and included in

  2  the bid specifications.

  3         Section 5.  Minimum benefits coverage; exclusions;

  4  premiums; deductibles.--

  5         (1)  COVERAGE OFFERED.--

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

  7  policy the coverage specified in this section for each

  8  eligible person.

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

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

11  person for expenses paid by Medicare.

12         (c)  Any person whose health insurance coverage is

13  involuntarily terminated for any reason other than nonpayment

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

15  coverage is applied for within 60 days after the involuntary

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

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

18  of termination of the previous coverage.

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

20  Medicare benefits may not be issued as a Medicare supplement

21  policy as defined in section 627.672, Florida Statutes.

22         (2)  BENEFITS.--

23         (a)  The plan shall offer major medical expense

24  coverage to every eligible person, subject to limitations set

25  by the board. Major medical expense coverage offered under the

26  plan shall pay an eligible person's covered expenses, subject

27  to limits on the deductible and coinsurance payments

28  authorized under subsection (4), up to a lifetime limit of

29  $500,000 per covered individual. The maximum limit under this

30  paragraph may not be altered by the board, and no actuarially

31  equivalent benefit may be substituted by the board.

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

  2  person eligible for Medicare shall be separately rated to

  3  reflect differences in experience reasonably expected to occur

  4  as a result of Medicare payments.

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

  6  the association shall, at a minimum, be patterned after the

  7  standard individual health insurance plan approved by the

  8  Department of Insurance.

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

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

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

12  higher amounts proposed by the board and approved by the

13  department, plus the benefits payable under any other type of

14  insurance coverage or workers' compensation. The schedule of

15  premiums and deductibles shall be established by the

16  association. With regard to any preferred provider arrangement

17  used by the association, the deductibles provided in this

18  paragraph shall be the minimum deductibles applicable to the

19  preferred providers and higher deductibles, as approved by the

20  department, may be applied to providers who are not preferred

21  providers.

22         1.  Separate schedules of premium rates based on age

23  may apply for individual risks.

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

25         3.  Standard risk rates for coverages issued by the

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

27  Florida Statutes.

28         4.  The board shall establish separate premium

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

30  and high-risk individuals and shall revise premium schedules

31  annually beginning January 2000. A rate may not exceed 150

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

  2  200 percent of the standard risk rate for medium-risk

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

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

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

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

  7  claims payment for individuals based upon an individual's

  8  health condition.

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

10  person exceed the deductible for major medical expense

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

12  shall pay in the following manner:

13         1.  For individuals placed under case management, after

14  satisfaction of the deductible, the plan shall pay 90 percent

15  of the additional covered costs incurred by the person during

16  the policy year for the first $10,000, after which the plan

17  shall pay 100 percent of the covered costs incurred by the

18  person during the policy year.

19         2.  For individuals using the preferred provider

20  network, after satisfaction of the deductible, the plan shall

21  pay 80 percent of the additional covered costs incurred by the

22  person during the policy year for the first $10,000, after

23  which the plan shall pay 90 percent of covered costs incurred

24  by the person during the policy year.

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

26  system or the preferred provider network, after satisfaction

27  of the deductible, the plan shall pay 60 percent of the

28  additional covered costs incurred by the person for the first

29  $10,000, after which the plan shall pay 70 percent of the

30  additional covered costs incurred by the person during the

31  policy year.

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  1         4.  For individuals placed under case management or

  2  individuals using the preferred provider network, the maximum

  3  out-of-pocket expense, after satisfaction of the deductible,

  4  is limited to $10,000 per calendar year.

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

  6  the association shall be deposited with the Florida Health

  7  Endowment Association.

  8         (d)  Notwithstanding the provisions of section 624.509,

  9  Florida Statutes, premiums for coverage shall, as to the

10  association and participating insurers, be exempt from premium

11  taxation.

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

13  contain provisions under which coverage is excluded during a

14  period of 12 months following the effective date of coverage

15  with respect to a given covered individual for any preexisting

16  condition, if:

17         (a)  The condition manifested itself within 6 months

18  before the effective date of coverage; or

19         (b)  Medical advice or treatment was recommended or

20  received within 6 months before the effective date of

21  coverage.

22         (6)  OTHER SOURCES PRIMARY.--

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

24  other governmental program or any other insurance, or

25  self-insurance maintained in lieu of otherwise statutorily

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

27  under such policy or be recognized as or towards satisfaction

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

29  reduce the limits of benefits available.

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

31  participant for any benefits paid to the participant which

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  1  should not have been claimed or recognized as claims because

  2  of the provisions of this subsection or because the condition

  3  is not covered.

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

  5  individual with an entitlement to health care services or

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

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

  8  make health services or health insurance available under this

  9  section.

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

11  this plan shall be directly insured by the Florida Health

12  Endowment Association, and the policies shall be issued

13  through the administrator.

14         Section 6.  Disease management services.--

15         (1)  The association may contract with insurers to

16  provide disease management services for insurers that elect to

17  participate in the association disease management program.

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

19  services shall provide the association with all medical

20  records and claims information necessary for the association

21  to effectively manage the services.

22         (3)  Moneys collected by the association for providing

23  disease management services shall be used by the association

24  to pay administrative expenses associated with the disease

25  management program and any remaining moneys shall be deposited

26  in the Florida Health Endowment Trust Fund.

27         Section 7.  Tax credits.--

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

29  liability pursuant to section 624.509, Florida Statutes, who

30  makes a contribution to the Florida Health Endowment

31  Association shall earn a vested credit against premium tax

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  1  liability equal to 100 percent of the contribution. Insurance

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

  3  vested premium tax credit, including any carryforward credits

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

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

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

  7  premium tax liabilities for subsequent calendar years.

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

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

10  liability of the insurance company for that taxable year.

11         (c)  An insurance company claiming a credit against

12  premium tax liability earned through an investment in the

13  Florida Health Endowment Association is not required to pay

14  any additional retaliatory tax levied under section 624.5091,

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

16  credits under this section are available to an insurance

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

18  such credit in any manner.

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

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

21  same manner and subject to the same provisions and limitations

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

23  "transferee" means any person who:

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

25  transfer of the business or control of the business of the

26  insurance company, including the sale or other transfer of

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

28  succeeds to all or substantially all of the business and

29  property of the insurance company;

30

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

  2  parent company or a wholly owned subsidiary of the insurance

  3  company; or

  4         (c)  Directly or indirectly owns, whether through

  5  rights, options, convertible interests, or otherwise,

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

  7  outstanding voting securities or other ownership interest of

  8  the insurance company.

  9         Section 8.  Plan termination.--If the state determines

10  the plan to be financially infeasible, the state may

11  discontinue the plan. Any participants shall be entitled to

12  exercise the complete benefits for which he or she has

13  contracted. However, additional participants may not be

14  permitted to enter the plan.

15         Section 9.  Section 627.648, Florida Statutes; section

16  627.6482, Florida Statutes, as amended by sections 224 and 292

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

18  627.6486, Florida Statutes; section 627.6487, Florida

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

20  Florida; sections 627.64871, 627.6488, 627.6489, 627.649, and

21  627.6496, Florida Statutes; and section 627.6498, Florida

22  Statutes, as amended by section 6 of chapter 98-159, Laws of

23  Florida, are repealed effective upon the opening of the plan

24  by the board. Sections 627.6492 and 627.6494, Florida

25  Statutes, are repealed January 1, 2000. Effective upon the

26  date of the opening of the plan, all individuals who have

27  insurance coverage issued by the Florida Comprehensive Health

28  Association on that date shall be issued insurance coverage

29  under the plan. The association shall assume all assets and

30  liabilities of the Florida Comprehensive Health Association.

31

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  1         Section 10.  The sum of $50 million is appropriated

  2  from the General Revenue Fund to the Florida Health Endowment

  3  Trust Fund.

  4         Section 11.  This act shall take effect July 1, 1999,

  5  contingent upon the sum of $50 million being appropriated to

  6  the Florida Health Endowment Trust Fund.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1800

  3

  4  1.    Clarifies that the designee of the Secretary of Health
          be from the Department of Health and the designee of the
  5        Insurance Commissioner be from the Insurance Department.
          These members will serve on the board of the Florida
  6        Health Endowment Association (FHEA).

  7  2.    Adds "Definitions" and "Eligibility" sections. The
          "Definitions" section defines certain terms regarding
  8        the structure and operation of the FHEA. Clarifies that
          the Department of Health is the agency responsible for
  9        approving all the FHEA articles, bylaws, and operating
          rules.
10
          The "Eligibility" section provides that a Florida
11        resident shall be eligible for the FHEA plan provided he
          or she receives a notice of rejection or refusal to
12        issue substantially similar coverage for health reasons
          by an insurer licensed to issue coverage in Florida, or
13        at rates higher than the FHEA plan rates. Verification
          of residency is required. The board is given the
14        authority to provide exceptions to the eligibility
          criteria by promulgating a list of medical or health
15        conditions which would guarantee eligibility for the
          plan without applying and being rejected for coverage in
16        the standard market. Also, resident dependent unmarried
          children of the insured are eligible, provided that no
17        other coverage is available.

18        Restrictions for eligibility are included: persons who
          have or obtain substantially similar coverage (with the
19        exception of COBRA); residents of public institutions or
          prisons, persons whose premiums are paid under any
20        government sponsored program; persons who have reached
          the lifetime maximum of $500,000 in covered benefits; or
21        persons who are eligible for Medicaid, unless their
          illness or disease requires supplies or medication which
22        are covered under the FHEA plan, but not covered under
          Medicaid. The circumstances under which coverage will
23        cease are specified as are provisions for the use of a
          case management system. Reentry into the FHEA is
24        allowed, though currently prohibited under the Florida
          Comprehensive Health Association. However, a person
25        reentering would be subject to any new pre-existing
          condition limitations in effect at the time and previous
26        claim payments would be applied to the $500,000 lifetime
          maximum benefit limit.
27
    3.    Repeals all provisions under the Florida Comprehensive
28        Health Association (FCHA) effective January 1, 2000.
          Provides that effective upon the opening of the
29        comprehensive health insurance plan adopted by the FHEA,
          all individuals covered under FCHA shall be issued
30        insurance coverage under FHEA. Provides that FHEA will
          assume all assets and liabilities of the FCHA. Deletes
31        the provision allowing an assessment against insurers
          and health maintenance organizations for the operating
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  1        losses of the FHEA.

  2  4.    Provides that $50 million is appropriated from the
          General Revenue Fund to the Florida Health Endowment
  3        Trust Fund (created by CS/SB 1802) and that the act
          shall take effect contingent upon the $50 million being
  4        appropriated to the Trust Fund.

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