Senate Bill 2554er

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





    ENROLLED

    1999 Legislature                 CS for SB 2554, 3rd Engrossed



  1

  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. 627.6645, F.S.;

31         revising the notice requirements for


                                  1

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




    ENROLLED

    1999 Legislature                 CS for SB 2554, 3rd Engrossed



  1         cancellation or nonrenewal of a group health

  2         insurance policy; specifying conditions under

  3         which the insurer may retroactively cancel

  4         coverage due to nonpayment of premium; amending

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

  6         an employee or group member to apply for an

  7         individual converted policy when termination of

  8         group coverage is due to failure of the

  9         employer to pay the premium; revising the

10         requirements for the premium for the converted

11         policy; allowing a group insurer to contract

12         with another insurer to issue an individual

13         converted policy under certain conditions;

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

15         requirements for cancellation or nonrenewal of

16         a health maintenance organization contract;

17         specifying conditions under which the

18         organization may retroactively cancel coverage

19         due to nonpayment of premium; amending s.

20         641.3922, F.S.; revising the time limits for an

21         employee or group member to apply for a

22         converted contract from a health maintenance

23         organization when termination of group coverage

24         is due to failure of the employer to pay the

25         premium; revising the requirements for the

26         premium for the converted contract; providing

27         an effective date.

28

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

30

31


                                  2

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




    ENROLLED

    1999 Legislature                 CS for SB 2554, 3rd Engrossed



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

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

  3         626.022  Scope of part.--

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

  5  solicitors, service representatives, adjusters, and insurance

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

  7  stock insurers, mutual insurers, reciprocal insurers, and all

  8  other types of insurers, except that:

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

10  accountant licensed under chapter 473 who is acting within the

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

12  473.302, provided that the activities of the certified public

13  accountant are limited to advising a client of the necessity

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

15  line of coverage needed, and provided that the certified

16  public accountant does not directly or indirectly receive or

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

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

19  Florida Statutes, to read:

20         626.883  Administrator as intermediary; collections

21  held in fiduciary capacity; establishment of account;

22  disbursement; payments on behalf of insurer.--

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

24  intermediary for noncapitated providers must include an

25  explanation of services being reimbursed which includes, at a

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

27  procedure code, the amount of reimbursement, and the

28  identification of the plan on whose behalf the payment is

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

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

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


                                  3

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




    ENROLLED

    1999 Legislature                 CS for SB 2554, 3rd Engrossed



  1  identification of the plan on whose behalf the payment is

  2  being made.

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

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

  5         641.31  Health maintenance contracts.--

  6         (36)  A health maintenance organization may increase

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

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

  9  group contract only, upon written notice to the contract

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

11  renewal. The health maintenance organization may amend the

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

13  effective immediately at the time of coverage renewal. The

14  written notice to the contract holder shall specifically

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

16  the benefits provided in the group contract during the current

17  contract period which will be included in the group contract

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

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

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

21  the contract holder.

22         (37)  All health maintenance contracts that provide

23  coverage for massage must also cover the services of persons

24  licensed to practice massage pursuant to chapter 480 if the

25  massage is prescribed by a contracted physician licensed under

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

27  medically necessary and the prescription specifies the number

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

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

30  services.

31


                                  4

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




    ENROLLED

    1999 Legislature                 CS for SB 2554, 3rd Engrossed



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

  2  Florida Statutes, to read:

  3         641.315  Provider contracts.--

  4         (9)  A contract between a health maintenance

  5  organization and a provider of health care services may not

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

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

  8  commercial contract with any other health maintenance

  9  organization; or

10         (b)  The health maintenance organization from entering

11  into a commercial contract with any other health care

12  provider.

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

14  641.316, Florida Statutes, 1998 Supplement, is amended to

15  read:

16         641.316  Fiscal intermediary services.--

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

18  services" means reimbursements received or collected on behalf

19  of health care professionals for services rendered, patient

20  and provider accounting, financial reporting and auditing,

21  receipts and collections management, compensation and

22  reimbursement disbursement services, or other related

23  fiduciary services pursuant to health care professional

24  contracts with health maintenance organizations. All payments

25  to a health care provider by a fiscal intermediary for

26  noncapitated providers must include an explanation of services

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

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

29  reimbursement, and the identification of the plan on whose

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

31  statement of services must include the number of patients


                                  5

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




    ENROLLED

    1999 Legislature                 CS for SB 2554, 3rd Engrossed



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

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

  3  whose behalf the payment is being made.

  4         (b)  The term "fiscal intermediary services

  5  organization" means a person or entity which performs

  6  fiduciary or fiscal intermediary services to health care

  7  professionals who contract with health maintenance

  8  organizations other than a fiscal intermediary services

  9  organization owned, operated, or controlled by a hospital

10  licensed under chapter 395, an insurer licensed under chapter

11  624, a third-party administrator licensed under chapter 626, a

12  prepaid limited health service organization licensed under

13  chapter 636, a health maintenance organization licensed under

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

15  455.654(3)(f).

16         Section 6.  Subsection (1) of section 627.6645, Florida

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

18  section to read:

19         627.6645  Notification of cancellation, expiration,

20  nonrenewal, or change in rates.--

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

22  group health insurance policy under the provisions of this

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

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

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

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

27  cancellation is for nonpayment of premium, only the

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

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

30  as soon as practicable, the notice of expiration,

31


                                  6

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




    ENROLLED

    1999 Legislature                 CS for SB 2554, 3rd Engrossed



  1  cancellation, or nonrenewal to each certificateholder covered

  2  under the policy.

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

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

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

  6  the policyholder unless the insurer mails notice of

  7  cancellation to the policyholder prior to 45 days after the

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

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

10  insurer and may provide for a retroactive date of cancellation

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

12         Section 7.  Section 627.6675, Florida Statutes, 1998

13  Supplement, is amended to read:

14         627.6675  Conversion on termination of

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

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

17  this state by an insurer or nonprofit health care services

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

19  surgical, or major medical expense insurance, or any

20  combination of these coverages, shall provide that an employee

21  or member whose insurance under the group policy has been

22  terminated for any reason, including discontinuance of the

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

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

25  policy, and under any group policy providing similar benefits

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

27  months immediately prior to termination, shall be entitled to

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

29  certificate of health insurance, referred to in this section

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

31  requirements of this section by contracting with another


                                  7

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




    ENROLLED

    1999 Legislature                 CS for SB 2554, 3rd Engrossed



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

  2  converted policy, which policy has been approved by the

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

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

  5  insurance under the group policy occurred because he or she

  6  failed to pay any required contribution, or because any

  7  discontinued group coverage was replaced by similar group

  8  coverage within 31 days after discontinuance.

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

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

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

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

13  pay any required premium or contribution and such nonpayment

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

15  other than the employee or certificateholder, written

16  application for the converted policy must be made and the

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

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

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

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

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

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

23  policyholder, the premium for the converted policy may not

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

25  coverage under the converted policy prior to the date notice

26  of termination is mailed to the employee or certificateholder.

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

28  the converted policy is subject to the requirements of

29  subsection (3).

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

31  shall be issued without evidence of insurability.


                                  8

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




    ENROLLED

    1999 Legislature                 CS for SB 2554, 3rd Engrossed



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

  2  GROUP COVERAGE.--

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

  4  determined in accordance with premium rates applicable to the

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

  6  converted policy and to the type and amount of insurance

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

  8  not exceed 200 percent of the standard risk rate as

  9  established by the department, pursuant to this subsection.

10         (b)  Actual or expected experience under converted

11  policies may be combined with such experience under group

12  policies for the purposes of determining premium and loss

13  experience and establishing premium rate levels for group

14  coverage.

15         (c)  The department shall annually determine standard

16  risk rates, using reasonable actuarial techniques and

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

18  rates must be determined as follows:

19         1.  Standard risk rates for individual coverage must be

20  determined separately for indemnity policies, preferred

21  provider/exclusive provider policies, and health maintenance

22  organization contracts.

23         2.  The department shall survey insurers and health

24  maintenance organizations representing at least an 80 percent

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

26  most recent calendar year, for each of the categories

27  specified in subparagraph 1.

28         3.  Standard risk rate schedules must be determined,

29  computed as the average rates charged by the carriers

30  surveyed, giving appropriate weight to each carrier's

31  statewide market share of earned premiums.


                                  9

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




    ENROLLED

    1999 Legislature                 CS for SB 2554, 3rd Engrossed



  1         4.  The rate schedule shall be determined from analysis

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

  3  of all such carriers.

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

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

  6  relationship to the county determined in subparagraph 4.

  7         6.  The rate schedule must be determined for different

  8  age brackets and family size brackets.

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

10  the converted policy shall be the day following the

11  termination of insurance under the group policy.

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

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

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

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

16  policy may be issued to cover any dependent.

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

18  required to issue a converted policy covering any person who

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

20  required to issue a converted policy covering a person if

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

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

23         1.  The person is covered for similar benefits by

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

25  insurance policy or hospital or medical service subscriber

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

27  any other plan or program.

28         2.  The person is eligible for similar benefits,

29  whether or not actually provided coverage, under any

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

31  an insured or uninsured basis.


                                  10

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




    ENROLLED

    1999 Legislature                 CS for SB 2554, 3rd Engrossed



  1         3.  Similar benefits are provided for or are available

  2  to the person under any state or federal law.

  3         (b)  If the benefits provided under the sources

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

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

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

  7  policy, would result in overinsurance according to the

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

  9  reasonable relationship to actual health care costs in the

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

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

12  denying coverage.

13         (7)  INFORMATION REQUESTED BY INSURER.--

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

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

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

17  whether:

18         1.  The person is covered for similar benefits by

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

20  insurance policy or hospital or medical service subscriber

21  contract or medical practice or other prepayment plan or by

22  any other plan or program.

23         2.  The person is covered for similar benefits under

24  any arrangement of coverage for individuals in a group,

25  whether on an insured or uninsured basis.

26         3.  Similar benefits are provided for or are available

27  to the person under any state or federal law.

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

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

30  only for one or more of the following reasons:

31


                                  11

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




    ENROLLED

    1999 Legislature                 CS for SB 2554, 3rd Engrossed



  1         1.  Either the benefits provided under the sources

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

  3  the benefits provided or available under the sources referred

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

  5  benefits provided by the converted policy, would result in

  6  overinsurance according to the insurer's standards on file

  7  with the department.

  8         2.  The converted policyholder fails to provide the

  9  information requested pursuant to paragraph (a).

10         3.  Fraud or intentional misrepresentation in applying

11  for any benefits under the converted policy.

12         4.  Other reasons approved by the department.

13         (8)  BENEFITS OFFERED.--

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

15  converted policy that provides benefits in excess of those

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

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

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

19  benefits were provided in the group plan.

20         (c)  An insurer shall offer maternity benefits and

21  dental benefits if those benefits were provided in the group

22  plan.

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

24  policy shall not exclude a preexisting condition not excluded

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

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

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

28  benefits payable under the group policy after the termination

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

30  also provide that during the first policy year the benefits

31  payable under the converted policy, together with the benefits


                                  12

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




    ENROLLED

    1999 Legislature                 CS for SB 2554, 3rd Engrossed



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

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

  3  the group policy remained in force.

  4         (10)  REQUIRED OPTION FOR MAJOR MEDICAL

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

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

  7  converted policy providing major medical coverage under a plan

  8  meeting the following requirements:

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

10  policy limit of the group policy from which the individual

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

12  medical expenses incurred during the covered person's

13  lifetime.

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

15  covered medical expenses which are in excess of the

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

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

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

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

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

21  100 percent during the remainder of the contract year.  For

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

23  means the specific supervision and management of the medical

24  care provided or prescribed for a specific individual, which

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

26  insurer.  Payment of benefits for outpatient treatment of

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

28  a lesser rate but not less than 50 percent.

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

30  $500, $1,000, or $2,000, at the option of the policyholder.

31


                                  13

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




    ENROLLED

    1999 Legislature                 CS for SB 2554, 3rd Engrossed



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

  2  this subsection, shall be consistent with those customarily

  3  offered by the insurer under group or individual health

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

  5  covered medical expenses provided in the group policy from

  6  which the individual converted.

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

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

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

10  627.6699(12). The insurer may, at its option, also offer

11  alternative plans for group health conversion in addition to

12  the plans required by this section.

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

14  continued under the group policy on an employee following the

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

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

17  such continuation of group insurance, to have the same

18  conversion rights as would apply had his or her insurance

19  terminated at retirement by reason or termination of

20  employment or membership.

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

22  converted policy may provide for reduction of coverage on any

23  person upon his or her eligibility for coverage under Medicare

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

25  similar to those provided by the converted policy.

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

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

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

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

30  children whose coverages under the group policy terminate by

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


                                  14

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




    ENROLLED

    1999 Legislature                 CS for SB 2554, 3rd Engrossed



  1  coverage under the group policy terminates by reason of such

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

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

  4  death, at the end of such continuation.

  5         (b)  The former spouse whose coverage would otherwise

  6  terminate because of annulment or dissolution of marriage, if

  7  the former spouse is dependent for financial support.

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

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

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

11  ceasing to be a qualified family member under the group

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

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

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

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

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

17  conversion privilege is not otherwise provided in this

18  subsection with respect to such termination.

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

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

21  the group policy, the conversion policy may offer benefits

22  which are substantially similar to those provided under the

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

24         (16)  GROUP COVERAGE INSTEAD OF INDIVIDUAL

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

26  coverage instead of issuing a converted individual policy.

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

28  privilege shall be included in each certificate of coverage.

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

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

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


                                  15

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




    ENROLLED

    1999 Legislature                 CS for SB 2554, 3rd Engrossed



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

  2  individual is considering applying for the converted policy or

  3  otherwise requests such information. The outline of coverage

  4  must contain a description of the principal benefits and

  5  coverage provided by the policy and its principal exclusions

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

  7  and coinsurance.

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

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

10  be delivered in the other jurisdiction as a converted policy

11  had the group policy been issued in that jurisdiction.

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

13  conversion on termination of eligibility for a policy or

14  contract that provides benefits for specified diseases, or for

15  accidental injuries only, disability income, Medicare

16  supplement, hospital indemnity, limited benefit,

17  nonconventional, or excess policies.

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

19  of it into insurance policies shall be construed to require

20  insurers to provide benefits equal to those provided in the

21  group policy from which the individual converted, provided,

22  however, that comprehensive benefits are offered which shall

23  be subject to approval by the Insurance Commissioner.

24         Section 8.  Section 641.3108, Florida Statutes, is

25  amended to read:

26         641.3108  Notice of cancellation of contract.--

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

28  eligibility, no health maintenance organization may cancel or

29  otherwise terminate or fail to renew a health maintenance

30  contract without giving the subscriber at least 45 days'

31  notice in writing of the cancellation, termination, or


                                  16

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




    ENROLLED

    1999 Legislature                 CS for SB 2554, 3rd Engrossed



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

  2  reason or reasons for the cancellation, termination, or

  3  nonrenewal.  All health maintenance contracts shall contain a

  4  clause which requires that this notice be given.

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

  6  the health maintenance organization may not retroactively

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

  8  cancellation was provided to the subscriber unless the

  9  organization mails notice of cancellation to the subscriber

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

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

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

13  retroactive date of cancellation no earlier than midnight of

14  the date that the premium was due.

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

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

17  of the subscriber group, the health maintenance organization

18  may make the notification through the employer or group

19  contract holder, and, if the health maintenance organization

20  elects to take this action through the employer or group

21  contract holder, the organization shall be deemed to have

22  complied with the provisions of this section upon notifying

23  the employer or group contract holder of the requirements of

24  this section and requesting the employer or group contract

25  holder to forward to all subscribers the notice required

26  herein.

27         Section 9.  Subsection (1) of section 641.3922, Florida

28  Statutes, 1998 Supplement, is amended to read:

29         641.3922  Conversion contracts; conditions.--Issuance

30  of a converted contract shall be subject to the following

31  conditions:


                                  17

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




    ENROLLED

    1999 Legislature                 CS for SB 2554, 3rd Engrossed



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

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

  3  health maintenance organization not later than 63 days after

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

  5  failure to pay any required premium or contribution and such

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

  7  contract holder other than the employee or individual

  8  subscriber, written application for the contract must be made

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

10  after notice of termination is mailed by the organization or

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

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

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

14  case of termination due to nonpayment of premium by the

15  employer or group contract holder, the premium for the

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

17  coverage for the period of coverage under the converted

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

19  the employee or individual subscriber. For the period of

20  coverage after such date, the premium for the converted

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

22         Section 10.  This act shall take effect July 1, 1999,

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

24  after that date.

25

26

27

28

29

30

31


                                  18