House Bill 0903

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    Florida House of Representatives - 1999                 HB 903

        By Representative Albright






  1                      A bill to be entitled

  2         An act relating to the Employee Health Care

  3         Access Act; amending s. 627.6699, F.S.;

  4         revising certain definitions; revising and

  5         updating provisions requiring small employer

  6         carriers to offer and issue certain health

  7         benefit plans; providing additional

  8         restrictions on premium rates for certain

  9         health benefit plans; providing an effective

10         date.

11

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

13

14         Section 1.  Paragraphs (n) and (v) of subsection (3),

15  paragraph (c) of subsection (5), and paragraphs (b) and (d) of

16  subsection (6) of section 627.6699, Florida Statutes, 1998

17  Supplement, are amended to read:

18         627.6699  Employee Health Care Access Act.--

19         (3)  DEFINITIONS.--As used in this section, the term:

20         (n)  "Modified community rating" means a method used to

21  develop carrier premiums which spreads financial risk across a

22  large population and allows adjustments for age, gender,

23  family composition, tobacco usage, and geographic area as

24  determined under paragraph (5)(j),(k) claims experience,

25  health status or duration of coverage as permitted under

26  subparagraph (6)(b)6., and administrative and acquisition

27  expenses as permitted under subparagraph (6)(b)7.

28         (v)  "Small employer" means, in connection with a

29  health benefit plan with respect to a calendar year and a plan

30  year, any person, sole proprietor, self-employed individual,

31  independent contractor, firm, corporation, partnership, or

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    Florida House of Representatives - 1999                 HB 903

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  1  association that is actively engaged in business, has its

  2  principal place of business in this state, employed an average

  3  of at least 2 1 but not more than 50 eligible employees on

  4  business days during the preceding calendar year in which a

  5  majority of such employees were employed within this state,

  6  and employs at least 2 employees 1 employee on the first day

  7  of the plan year, is not formed primarily for purposes of

  8  buying health insurance, and a bona fide employer-employee

  9  relationship exists.  For purposes of this section, a sole

10  proprietor, an independent contractor, or a self-employed

11  individual that employed an average of at least 1 but not more

12  than 2 eligible employees on business days during the

13  preceding calendar year is considered a small employer only

14  for purposes of renewal of coverage on or after July 1, 1999,

15  if all of the conditions and criteria established in this

16  section are met.

17         (5)  AVAILABILITY OF COVERAGE.--

18         (c)  Every small employer carrier must, as a condition

19  of transacting business in this state:

20         1.  Beginning July 1, 1999 January 1, 1994, offer and

21  issue all small employer health benefit plans on a

22  guaranteed-issue basis to every eligible small employer, with

23  2 3 to 50 eligible employees, that elects to be covered under

24  such plan, agrees to make the required premium payments, and

25  satisfies the other provisions of the plan. A rider for

26  additional or increased benefits may be medically underwritten

27  and may only be added to the standard health benefit plan.

28  The increased rate charged for the additional or increased

29  benefit must be rated in accordance with this section.

30         2.  Beginning April 15, 1994, offer and issue basic and

31  standard small employer health benefit plans on a

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    Florida House of Representatives - 1999                 HB 903

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  1  guaranteed-issue basis to every eligible small employer, with

  2  one or two eligible employees, which elects to be covered

  3  under such plan, agrees to make the required premium payments,

  4  and satisfies the other provisions of the plan.  A rider for

  5  additional or increased benefits may be medically underwritten

  6  and may only be added to the standard health benefit plan.

  7  The increased rate charged for the additional or increased

  8  benefit must be rated in accordance with this section.

  9         2.3.  Offer to eligible small employers the standard

10  and basic health benefit plans.  This subparagraph does not

11  limit a carrier's ability to offer other health benefit plans

12  to small employers if the standard and basic health benefit

13  plans are offered and rejected.

14         (6)  RESTRICTIONS RELATING TO PREMIUM RATES.--

15         (b)  For all small employer health benefit plans that

16  are subject to this section and are issued by small employer

17  carriers on or after January 1, 1994, premium rates for health

18  benefit plans subject to this section are subject to the

19  following:

20         1.  Small employer carriers must use a modified

21  community rating methodology in which the premium for each

22  small employer must be determined solely on the basis of the

23  eligible employee's and eligible dependent's gender, age,

24  family composition, tobacco use, or geographic area as

25  determined under paragraph (5)(j)(k) and in which the premium

26  may be adjusted as permitted by subparagraphs 5., 6., and 7.

27         2.  Rating factors related to age, gender, family

28  composition, tobacco use, or geographic location may be

29  developed by each carrier to reflect the carrier's experience.

30  The factors used by carriers are subject to department review

31  and approval.

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    Florida House of Representatives - 1999                 HB 903

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  1         3.  Small employer carriers may not modify the rate for

  2  a small employer for 12 months from the initial issue date or

  3  renewal date, unless the composition of the group changes or

  4  benefits are changed.

  5         4.  Carriers participating in the alliance program, in

  6  accordance with ss. 408.700-408.707, may apply a different

  7  community rate to business written in that program.

  8         5.  Any adjustments in rates for claims experience,

  9  health status, or duration of coverage shall not be charged to

10  individual employees or dependents. For a small employer's

11  policy, such adjustments may not result in a rate for the

12  small employer which deviates more than 25 percent of the

13  carrier's approved rate. Any such adjustment shall be applied

14  uniformly to the rates charged for all employees of the small

15  employer and such employees' dependents.  A small employer

16  carrier may make an adjustment to a small employer's renewal

17  premium, not to exceed 15 percent annually, due to the claims

18  experience, health status, or duration of coverage of the

19  employees of the small employer and such employees'

20  dependents.

21         6.  A small employer carrier may make an adjustment to

22  a small employer's premium based on administrative and

23  acquisition expense differences resulting from the size of the

24  group.  Group size administration and acquisition expense

25  factors may be developed by each carrier to reflect the

26  carrier's experience and are subject to department review and

27  approval.

28         7.  A small employer carrier rating methodology may

29  include separate rating categories for one dependent child,

30  for two dependent children, or three or more dependent

31  children for family coverage of an employee with a spouse and

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    Florida House of Representatives - 1999                 HB 903

    66-206A-99






  1  dependent children or an employee with dependent children

  2  only.

  3         (d)  Notwithstanding s. 627.401(2), this section and

  4  ss. 627.410 and 627.411 apply to any health benefit plan

  5  provided by a small employer carrier which is an insurer, and

  6  this section and s. 641.31 shall apply to any health benefit

  7  provided by a small employer carrier which is a health

  8  maintenance organization, that provides coverage to one or

  9  more employees of a small employer regardless of where the

10  policy, certificate, or contract is issued or delivered, if

11  the health benefit plan covers employees or their covered

12  dependents who are residents of this state.

13         Section 2.  This act shall take effect October 1, 1999.

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16                          HOUSE SUMMARY

17
      Revises criteria by which small employer carriers offer
18    and issue health benefit plans and provides additional
      restrictions on premium rates for health benefit plans.
19    See bill for details.

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