Senate Bill 2554e2

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    CS for SB 2554                                Second Engrossed



  1                      A bill to be entitled

  2         An act relating to insurance contracts;

  3         amending s. 626.022, F.S.; providing an

  4         exception from certain insurance licensing

  5         requirements for certified public accountants

  6         acting within the scope of their profession;

  7         amending s. 626.883, F.S.; requiring that

  8         certain information be included with the

  9         payments made by a fiscal intermediary to a

10         health care provider; amending s. 641.31, F.S.,

11         relating to health maintenance contracts;

12         requiring a health maintenance organization to

13         provide notice prior to increasing the

14         copayments or limiting any benefits under a

15         group contract; requiring certain health

16         maintenance contracts to cover persons licensed

17         to practice massage under certain

18         circumstances; amending s. 641.315, F.S.;

19         providing that a contract between a health

20         maintenance organization and a health care

21         provider may not restrict the provider from

22         entering into a contract with any other health

23         maintenance organizations and may not restrict

24         the health maintenance organization from

25         entering into a contract with any other

26         provider; amending s. 641.316, F.S.; requiring

27         that certain information be included with the

28         payments made by a fiscal intermediary to a

29         health care provider; providing for

30         applicability; amending s. 641.315, F.S.;

31         prohibiting a health maintenance organization's


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    CS for SB 2554                                Second Engrossed



  1         contract from preventing a subscriber from

  2         receiving certain services; amending s. 641.31,

  3         F.S.; prohibiting a health maintenance

  4         organization's contract from preventing a

  5         subscriber from receiving certain services;

  6         amending s. 641.3155, F.S.; prohibiting a

  7         health maintenance organization from denying

  8         payment to certain physicians for inpatient

  9         hospital services; amending s. 627.6645, F.S.;

10         revising the notice requirements for

11         cancellation or nonrenewal of a group health

12         insurance policy; specifying conditions under

13         which the insurer may retroactively cancel

14         coverage due to nonpayment of premium; amending

15         s. 627.6675, F.S.; revising the time limits for

16         an employee or group member to apply for an

17         individual converted policy when termination of

18         group coverage is due to failure of the

19         employer to pay the premium; revising the

20         requirements for the premium for the converted

21         policy; allowing a group insurer to contract

22         with another insurer to issue an individual

23         converted policy under certain conditions;

24         amending s. 641.3108, F.S.; revising the notice

25         requirements for cancellation or nonrenewal of

26         a health maintenance organization contract;

27         specifying conditions under which the

28         organization may retroactively cancel coverage

29         due to nonpayment of premium; amending s.

30         641.3922, F.S.; revising the time limits for an

31         employee or group member to apply for a


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    CS for SB 2554                                Second Engrossed



  1         converted contract from a health maintenance

  2         organization when termination of group coverage

  3         is due to failure of the employer to pay the

  4         premium; revising the requirements for the

  5         premium for the converted contract; providing

  6         an effective date.

  7

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

  9

10         Section 1.  Paragraph (d) is added to subsection (1) of

11  section 626.022, Florida Statutes, 1998 Supplement, to read:

12         626.022  Scope of part.--

13         (1)  This part applies as to insurance agents,

14  solicitors, service representatives, adjusters, and insurance

15  agencies; as to any and all kinds of insurance; and as to

16  stock insurers, mutual insurers, reciprocal insurers, and all

17  other types of insurers, except that:

18         (d)  This part does not apply to a certified public

19  accountant licensed under chapter 473 who is acting within the

20  scope of the practice of public accounting, as defined in s.

21  473.302, provided that the activities of the certified public

22  accountant are limited to advising a client of the necessity

23  of obtaining insurance, the amount of insurance needed, or the

24  line of coverage needed, and provided that the certified

25  public accountant does not directly or indirectly receive or

26  share in any commission, referral fee, or solicitor's fee.

27         Section 2.  Subsection (6) is added to section 626.883,

28  Florida Statutes, to read:

29         626.883  Administrator as intermediary; collections

30  held in fiduciary capacity; establishment of account;

31  disbursement; payments on behalf of insurer.--


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    CS for SB 2554                                Second Engrossed



  1         (6)  All payments to a health care provider by a fiscal

  2  intermediary for noncapitated providers must include an

  3  explanation of services being reimbursed which includes, at a

  4  minimum, the patient's name, the date of service, the

  5  procedure code, the amount of reimbursement, and the

  6  identification of the plan on whose behalf the payment is

  7  being made. For capitated providers, the statement of services

  8  must include the number of patients covered by the contract,

  9  the rate per patient, the total amount of the payment, and the

10  identification of the plan on whose behalf the payment is

11  being made.

12         Section 3.  Subsections (36) and (37) are added to

13  section 641.31, Florida Statutes, 1998 Supplement, to read:

14         641.31  Health maintenance contracts.--

15         (36)  A health maintenance organization may increase

16  the copayment for any benefit, or delete, amend, or limit any

17  of the benefits to which a subscriber is entitled under the

18  group contract only, upon written notice to the contract

19  holder at least 45 days in advance of the time of coverage

20  renewal. The health maintenance organization may amend the

21  contract with the contract holder, with such amendment to be

22  effective immediately at the time of coverage renewal. The

23  written notice to the contract holder shall specifically

24  identify any deletions, amendments, or limitations to any of

25  the benefits provided in the group contract during the current

26  contract period which will be included in the group contract

27  upon renewal. This subsection does not apply to any increases

28  in benefits. The 45-day notice requirement shall not apply if

29  benefits are amended, deleted, or limited at the request of

30  the contract holder.

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    CS for SB 2554                                Second Engrossed



  1         (37)  All health maintenance contracts that provide

  2  coverage for massage must also cover the services of persons

  3  licensed to practice massage pursuant to chapter 480 if the

  4  massage is prescribed by a contracted physician licensed under

  5  chapter 458, chapter 459, chapter 460, or chapter 461 as

  6  medically necessary and the prescription specifies the number

  7  of treatments. Such massage services are subject to the same

  8  terms, conditions, and limitations as those of other covered

  9  services.

10         Section 4.  Subsection (9) is added to section 641.315,

11  Florida Statutes, to read:

12         641.315  Provider contracts.--

13         (9)  A contract between a health maintenance

14  organization and a provider of health care services may not

15  contain any provision that in any way prohibits or restricts:

16         (a)  The health care provider from entering into a

17  contract with any other health maintenance organization; or

18         (b)  The health maintenance organization from entering

19  into a contract with any other health care provider.

20         Section 5.  Paragraph (a) of subsection (2) of section

21  641.316, Florida Statutes, 1998 Supplement, is amended to

22  read:

23         641.316  Fiscal intermediary services.--

24         (2)(a)  The term "fiduciary" or "fiscal intermediary

25  services" means reimbursements received or collected on behalf

26  of health care professionals for services rendered, patient

27  and provider accounting, financial reporting and auditing,

28  receipts and collections management, compensation and

29  reimbursement disbursement services, or other related

30  fiduciary services pursuant to health care professional

31  contracts with health maintenance organizations. All payments


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    CS for SB 2554                                Second Engrossed



  1  to a health care provider by a fiscal intermediary for

  2  noncapitated providers must include an explanation of services

  3  being reimbursed which includes, at a minimum, the patient's

  4  name, the date of service, the procedure code, the amount of

  5  reimbursement, and the identification of the plan on whose

  6  behalf the payment is being made. For capitated providers, the

  7  statement of services must include the number of patients

  8  covered by the contract, the rate per patient, the total

  9  amount of the payment, and the identification of the plan on

10  whose behalf the payment is being made.

11         (b)  The term "fiscal intermediary services

12  organization" means a person or entity which performs

13  fiduciary or fiscal intermediary services to health care

14  professionals who contract with health maintenance

15  organizations other than a fiscal intermediary services

16  organization owned, operated, or controlled by a hospital

17  licensed under chapter 395, an insurer licensed under chapter

18  624, a third-party administrator licensed under chapter 626, a

19  prepaid limited health service organization licensed under

20  chapter 636, a health maintenance organization licensed under

21  this chapter, or physician group practices as defined in s.

22  455.654(3)(f).

23         Section 6.  Subsection (9) is added to section 641.315,

24  Florida Statutes, to read:

25         641.315  Provider contracts.--

26         (9)  No health maintenance organization's contract

27  shall prevent a subscriber from continuing to receive services

28  from the subscriber's contracted primary care physician or

29  contracted admitting physician during an inpatient stay.

30         Section 7.  Subsection (38) is added to section 641.31,

31  Florida Statutes, 1998 Supplement, to read:


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    CS for SB 2554                                Second Engrossed



  1         641.31  Health maintenance contracts.--

  2         (38)  No health maintenance organization's contract

  3  shall prevent a subscriber from continuing to receive services

  4  from the subscriber's contracted primary care physician or

  5  contracted admitting physician during an inpatient stay.

  6         Section 8.  Subsection (4) is added to section

  7  641.3155, Florida Statutes, 1998 Supplement, to read:

  8         641.3155  Provider contracts; payment of claims.--

  9         (4)  A health maintenance organization shall not deny

10  payment to a contract primary care physician or contract

11  admitting physician for inpatient hospital services provided

12  by the contracted physician to the subscriber.

13         Section 9.  Subsection (1) of section 627.6645, Florida

14  Statutes, is amended and subsection (5) is added to that

15  section to read:

16         627.6645  Notification of cancellation, expiration,

17  nonrenewal, or change in rates.--

18         (1)  Every insurer delivering or issuing for delivery a

19  group health insurance policy under the provisions of this

20  part shall give the policyholder at least 45 days' advance

21  notice of cancellation, expiration, nonrenewal, or a change in

22  rates.  Such notice shall be mailed to the policyholder's last

23  address as shown by the records of the insurer.  However, if

24  cancellation is for nonpayment of premium, only the

25  requirements of subsection (5) this section shall not apply.

26  Upon receipt of such notice, the policyholder shall forward,

27  as soon as practicable, the notice of expiration,

28  cancellation, or nonrenewal to each certificateholder covered

29  under the policy.

30         (5)  If cancellation is due to nonpayment of premium,

31  the insurer may not retroactively cancel the policy to a date


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    CS for SB 2554                                Second Engrossed



  1  prior to the date that notice of cancellation was provided to

  2  the policyholder unless the insurer mails notice of

  3  cancellation to the policyholder prior to 45 days after the

  4  date the premium was due. Such notice must be mailed to the

  5  policyholder's last address as shown by the records of the

  6  insurer and may provide for a retroactive date of cancellation

  7  no earlier than midnight of the date that the premium was due.

  8         Section 10.  Section 627.6675, Florida Statutes, 1998

  9  Supplement, is amended to read:

10         627.6675  Conversion on termination of

11  eligibility.--Subject to all of the provisions of this

12  section, a group policy delivered or issued for delivery in

13  this state by an insurer or nonprofit health care services

14  plan that provides, on an expense-incurred basis, hospital,

15  surgical, or major medical expense insurance, or any

16  combination of these coverages, shall provide that an employee

17  or member whose insurance under the group policy has been

18  terminated for any reason, including discontinuance of the

19  group policy in its entirety or with respect to an insured

20  class, and who has been continuously insured under the group

21  policy, and under any group policy providing similar benefits

22  that the terminated group policy replaced, for at least 3

23  months immediately prior to termination, shall be entitled to

24  have issued to him or her by the insurer a policy or

25  certificate of health insurance, referred to in this section

26  as a "converted policy." A group insurer may meet the

27  requirements of this section by contracting with another

28  insurer, authorized in this state, to issue an individual

29  converted policy, which policy has been approved by the

30  department under s. 627.410. An employee or member shall not

31  be entitled to a converted policy if termination of his or her


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    CS for SB 2554                                Second Engrossed



  1  insurance under the group policy occurred because he or she

  2  failed to pay any required contribution, or because any

  3  discontinued group coverage was replaced by similar group

  4  coverage within 31 days after discontinuance.

  5         (1)  TIME LIMIT.--Written application for the converted

  6  policy shall be made and the first premium must be paid to the

  7  insurer, not later than 63 days after termination of the group

  8  policy. However, if termination was the result of failure to

  9  pay any required premium or contribution and such nonpayment

10  of premium was due to acts of an employer or policyholder

11  other than the employee or certificateholder, written

12  application for the converted policy must be made and the

13  first premium must be paid to the insurer not later than 63

14  days after notice of termination is mailed by the insurer or

15  the employer, whichever is earlier, to the employee's or

16  certificateholder's last address as shown by the record of the

17  insurer or the employer, whichever is applicable. In such case

18  of termination due to nonpayment of premium by the employer or

19  policyholder, the premium for the converted policy may not

20  exceed the rate for the prior group coverage for the period of

21  coverage under the converted policy prior to the date notice

22  of termination is mailed to the employee or certificateholder.

23  For the period of coverage after such date, the premium for

24  the converted policy is subject to the requirements of

25  subsection (3).

26         (2)  EVIDENCE OF INSURABILITY.--The converted policy

27  shall be issued without evidence of insurability.

28         (3)  CONVERSION PREMIUM; EFFECT ON PREMIUM RATES FOR

29  GROUP COVERAGE.--

30         (a)  The premium for the converted policy shall be

31  determined in accordance with premium rates applicable to the


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    CS for SB 2554                                Second Engrossed



  1  age and class of risk of each person to be covered under the

  2  converted policy and to the type and amount of insurance

  3  provided.  However, the premium for the converted policy may

  4  not exceed 200 percent of the standard risk rate as

  5  established by the department, pursuant to this subsection.

  6         (b)  Actual or expected experience under converted

  7  policies may be combined with such experience under group

  8  policies for the purposes of determining premium and loss

  9  experience and establishing premium rate levels for group

10  coverage.

11         (c)  The department shall annually determine standard

12  risk rates, using reasonable actuarial techniques and

13  standards adopted by the department by rule. The standard risk

14  rates must be determined as follows:

15         1.  Standard risk rates for individual coverage must be

16  determined separately for indemnity policies, preferred

17  provider/exclusive provider policies, and health maintenance

18  organization contracts.

19         2.  The department shall survey insurers and health

20  maintenance organizations representing at least an 80 percent

21  market share, based on premiums earned in the state for the

22  most recent calendar year, for each of the categories

23  specified in subparagraph 1.

24         3.  Standard risk rate schedules must be determined,

25  computed as the average rates charged by the carriers

26  surveyed, giving appropriate weight to each carrier's

27  statewide market share of earned premiums.

28         4.  The rate schedule shall be determined from analysis

29  of the one county with the largest market share in the state

30  of all such carriers.

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    CS for SB 2554                                Second Engrossed



  1         5.  The rate for other counties must be determined by

  2  using the weighted average of each carrier's county factor

  3  relationship to the county determined in subparagraph 4.

  4         6.  The rate schedule must be determined for different

  5  age brackets and family size brackets.

  6         (4)  EFFECTIVE DATE OF COVERAGE.--The effective date of

  7  the converted policy shall be the day following the

  8  termination of insurance under the group policy.

  9         (5)  SCOPE OF COVERAGE.--The converted policy shall

10  cover the employee or member and his or her dependents who

11  were covered by the group policy on the date of termination of

12  insurance.  At the option of the insurer, a separate converted

13  policy may be issued to cover any dependent.

14         (6)  OPTIONAL COVERAGE.--The insurer shall not be

15  required to issue a converted policy covering any person who

16  is or could be covered by Medicare.  The insurer shall not be

17  required to issue a converted policy covering a person if

18  paragraphs (a) and (b) apply to the person:

19         (a)  If any of the following apply to the person:

20         1.  The person is covered for similar benefits by

21  another hospital, surgical, medical, or major medical expense

22  insurance policy or hospital or medical service subscriber

23  contract or medical practice or other prepayment plan, or by

24  any other plan or program.

25         2.  The person is eligible for similar benefits,

26  whether or not actually provided coverage, under any

27  arrangement of coverage for individuals in a group, whether on

28  an insured or uninsured basis.

29         3.  Similar benefits are provided for or are available

30  to the person under any state or federal law.

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    CS for SB 2554                                Second Engrossed



  1         (b)  If the benefits provided under the sources

  2  referred to in subparagraph (a)1. or the benefits provided or

  3  available under the sources referred to in subparagraphs (a)2.

  4  and 3., together with the benefits provided by the converted

  5  policy, would result in overinsurance according to the

  6  insurer's standards.  The insurer's standards must bear some

  7  reasonable relationship to actual health care costs in the

  8  area in which the insured lives at the time of conversion and

  9  must be filed with the department prior to their use in

10  denying coverage.

11         (7)  INFORMATION REQUESTED BY INSURER.--

12         (a)  A converted policy may include a provision under

13  which the insurer may request information, in advance of any

14  premium due date, of any person covered thereunder as to

15  whether:

16         1.  The person is covered for similar benefits by

17  another hospital, surgical, medical, or major medical expense

18  insurance policy or hospital or medical service subscriber

19  contract or medical practice or other prepayment plan or by

20  any other plan or program.

21         2.  The person is covered for similar benefits under

22  any arrangement of coverage for individuals in a group,

23  whether on an insured or uninsured basis.

24         3.  Similar benefits are provided for or are available

25  to the person under any state or federal law.

26         (b)  The converted policy may provide that the insurer

27  may refuse to renew the policy or the coverage of any person

28  only for one or more of the following reasons:

29         1.  Either the benefits provided under the sources

30  referred to in subparagraphs (a)1. and 2. for the person or

31  the benefits provided or available under the sources referred


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    CS for SB 2554                                Second Engrossed



  1  to in subparagraph (a)3. for the person, together with the

  2  benefits provided by the converted policy, would result in

  3  overinsurance according to the insurer's standards on file

  4  with the department.

  5         2.  The converted policyholder fails to provide the

  6  information requested pursuant to paragraph (a).

  7         3.  Fraud or intentional misrepresentation in applying

  8  for any benefits under the converted policy.

  9         4.  Other reasons approved by the department.

10         (8)  BENEFITS OFFERED.--

11         (a)  An insurer shall not be required to issue a

12  converted policy that provides benefits in excess of those

13  provided under the group policy from which conversion is made.

14         (b)  An insurer shall offer the benefits specified in

15  s. 627.668 and the benefits specified in s. 627.669 if those

16  benefits were provided in the group plan.

17         (c)  An insurer shall offer maternity benefits and

18  dental benefits if those benefits were provided in the group

19  plan.

20         (9)  PREEXISTING CONDITION PROVISION.--The converted

21  policy shall not exclude a preexisting condition not excluded

22  by the group policy. However, the converted policy may provide

23  that any hospital, surgical, or medical benefits payable under

24  the converted policy may be reduced by the amount of any such

25  benefits payable under the group policy after the termination

26  of covered under the group policy. The converted policy may

27  also provide that during the first policy year the benefits

28  payable under the converted policy, together with the benefits

29  payable under the group policy, shall not exceed those that

30  would have been payable had the individual's insurance under

31  the group policy remained in force.


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    CS for SB 2554                                Second Engrossed



  1         (10)  REQUIRED OPTION FOR MAJOR MEDICAL

  2  COVERAGE.--Subject to the provisions and conditions of this

  3  part, the employee or member shall be entitled to obtain a

  4  converted policy providing major medical coverage under a plan

  5  meeting the following requirements:

  6         (a)  A maximum benefit equal to the lesser of the

  7  policy limit of the group policy from which the individual

  8  converted or $500,000 per covered person for all covered

  9  medical expenses incurred during the covered person's

10  lifetime.

11         (b)  Payment of benefits at the rate of 80 percent of

12  covered medical expenses which are in excess of the

13  deductible, until 20 percent of such expenses in a benefit

14  period reaches $2,000, after which benefits will be paid at

15  the rate of 90 percent during the remainder of the contract

16  year unless the insured is in the insurer's case management

17  program, in which case benefits shall be paid at the rate of

18  100 percent during the remainder of the contract year.  For

19  the purposes of this paragraph, "case management program"

20  means the specific supervision and management of the medical

21  care provided or prescribed for a specific individual, which

22  may include the use of health care providers designated by the

23  insurer.  Payment of benefits for outpatient treatment of

24  mental illness, if provided in the converted policy, may be at

25  a lesser rate but not less than 50 percent.

26         (c)  A deductible for each calendar year that must be

27  $500, $1,000, or $2,000, at the option of the policyholder.

28         (d)  The term "covered medical expenses," as used in

29  this subsection, shall be consistent with those customarily

30  offered by the insurer under group or individual health

31  insurance policies but is not required to be identical to the


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    CS for SB 2554                                Second Engrossed



  1  covered medical expenses provided in the group policy from

  2  which the individual converted.

  3         (11)  ALTERNATIVE PLANS.--The insurer shall, in

  4  addition to the option required by subsection (10), offer the

  5  standard health benefit plan, as established pursuant to s.

  6  627.6699(12). The insurer may, at its option, also offer

  7  alternative plans for group health conversion in addition to

  8  the plans required by this section.

  9         (12)  RETIREMENT COVERAGE.--If coverage would be

10  continued under the group policy on an employee following the

11  employee's retirement prior to the time he or she is or could

12  be covered by Medicare, the employee may elect, instead of

13  such continuation of group insurance, to have the same

14  conversion rights as would apply had his or her insurance

15  terminated at retirement by reason or termination of

16  employment or membership.

17         (13)  REDUCTION OF COVERAGE DUE TO MEDICARE.--The

18  converted policy may provide for reduction of coverage on any

19  person upon his or her eligibility for coverage under Medicare

20  or under any other state or federal law providing for benefits

21  similar to those provided by the converted policy.

22         (14)  CONVERSION PRIVILEGE ALLOWED.--The conversion

23  privilege shall also be available to any of the following:

24         (a)  The surviving spouse, if any, at the death of the

25  employee or member, with respect to the spouse and the

26  children whose coverages under the group policy terminate by

27  reason of the death, otherwise to each surviving child whose

28  coverage under the group policy terminates by reason of such

29  death, or, if the group policy provides for continuation of

30  dependents' coverages following the employee's or member's

31  death, at the end of such continuation.


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    CS for SB 2554                                Second Engrossed



  1         (b)  The former spouse whose coverage would otherwise

  2  terminate because of annulment or dissolution of marriage, if

  3  the former spouse is dependent for financial support.

  4         (c)  The spouse of the employee or member upon

  5  termination of coverage of the spouse, while the employee or

  6  member remains insured under the group policy, by reason of

  7  ceasing to be a qualified family member under the group

  8  policy, with respect to the spouse and the children whose

  9  coverages under the group policy terminate at the same time.

10         (d)  A child solely with respect to himself or herself

11  upon termination of his or her coverage by reason of ceasing

12  to be a qualified family member under the group policy, if a

13  conversion privilege is not otherwise provided in this

14  subsection with respect to such termination.

15         (15)  BENEFIT LEVELS.--If the benefit levels required

16  in subsection (10) exceed the benefit levels provided under

17  the group policy, the conversion policy may offer benefits

18  which are substantially similar to those provided under the

19  group policy in lieu of those required in subsection (10).

20         (16)  GROUP COVERAGE INSTEAD OF INDIVIDUAL

21  COVERAGE.--The insurer may elect to provide group insurance

22  coverage instead of issuing a converted individual policy.

23         (17)  NOTIFICATION.--A notification of the conversion

24  privilege shall be included in each certificate of coverage.

25  The insurer shall mail an election and premium notice form,

26  including an outline of coverage, on a form approved by the

27  department, within 14 days after an individual who is eligible

28  for a converted policy gives notice to the insurer that the

29  individual is considering applying for the converted policy or

30  otherwise requests such information. The outline of coverage

31  must contain a description of the principal benefits and


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    CS for SB 2554                                Second Engrossed



  1  coverage provided by the policy and its principal exclusions

  2  and limitations, including, but not limited to, deductibles

  3  and coinsurance.

  4         (18)  OUTSIDE CONVERSIONS.--A converted policy that is

  5  delivered outside of this state must be on a form that could

  6  be delivered in the other jurisdiction as a converted policy

  7  had the group policy been issued in that jurisdiction.

  8         (19)  APPLICABILITY.--This section does not require

  9  conversion on termination of eligibility for a policy or

10  contract that provides benefits for specified diseases, or for

11  accidental injuries only, disability income, Medicare

12  supplement, hospital indemnity, limited benefit,

13  nonconventional, or excess policies.

14         (20)  Nothing in this section or in the incorporation

15  of it into insurance policies shall be construed to require

16  insurers to provide benefits equal to those provided in the

17  group policy from which the individual converted, provided,

18  however, that comprehensive benefits are offered which shall

19  be subject to approval by the Insurance Commissioner.

20         Section 11.  Section 641.3108, Florida Statutes, is

21  amended to read:

22         641.3108  Notice of cancellation of contract.--

23         (1)  Except for nonpayment of premium or termination of

24  eligibility, no health maintenance organization may cancel or

25  otherwise terminate or fail to renew a health maintenance

26  contract without giving the subscriber at least 45 days'

27  notice in writing of the cancellation, termination, or

28  nonrenewal of the contract. The written notice shall state the

29  reason or reasons for the cancellation, termination, or

30  nonrenewal.  All health maintenance contracts shall contain a

31  clause which requires that this notice be given.


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    CS for SB 2554                                Second Engrossed



  1         (2)  If cancellation is due to nonpayment of premium,

  2  the health maintenance organization may not retroactively

  3  cancel the contract to a date prior to the date that notice of

  4  cancellation was provided to the subscriber unless the

  5  organization mails notice of cancellation to the subscriber

  6  prior to 45 days after the date the premium was due. Such

  7  notice must be mailed to the subscriber's last address as

  8  shown by the records of the organization and may provide for a

  9  retroactive date of cancellation no earlier than midnight of

10  the date that the premium was due.

11         (3)  In the case of a health maintenance contract

12  issued to an employer or person holding the contract on behalf

13  of the subscriber group, the health maintenance organization

14  may make the notification through the employer or group

15  contract holder, and, if the health maintenance organization

16  elects to take this action through the employer or group

17  contract holder, the organization shall be deemed to have

18  complied with the provisions of this section upon notifying

19  the employer or group contract holder of the requirements of

20  this section and requesting the employer or group contract

21  holder to forward to all subscribers the notice required

22  herein.

23         Section 12.  Subsection (1) of section 641.3922,

24  Florida Statutes, 1998 Supplement, is amended to read:

25         641.3922  Conversion contracts; conditions.--Issuance

26  of a converted contract shall be subject to the following

27  conditions:

28         (1)  TIME LIMIT.--Written application for the converted

29  contract shall be made and the first premium paid to the

30  health maintenance organization not later than 63 days after

31  such termination. However, if termination was the result of


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    CS for SB 2554                                Second Engrossed



  1  failure to pay any required premium or contribution and such

  2  nonpayment of premium was due to acts of an employer or group

  3  contract holder other than the employee or individual

  4  subscriber, written application for the contract must be made

  5  and the first premium must be paid not later than 63 days

  6  after notice of termination is mailed by the organization or

  7  the employer, whichever is earlier, to the employee's or

  8  individual's last address as shown by the record of the

  9  organization or the employer, whichever is applicable. In such

10  case of termination due to nonpayment of premium by the

11  employer or group contract holder, the premium for the

12  converted contract may not exceed the rate for the prior group

13  coverage for the period of coverage under the converted

14  contract prior to the date notice of termination is mailed to

15  the employee or individual subscriber. For the period of

16  coverage after such date, the premium for the converted

17  contract is subject to the requirements of subsection (3).

18         Section 13.  This act shall take effect July 1, 1999,

19  and shall apply to all contracts renewed or entered into on or

20  after that date.

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