House Bill 0903c1

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    Florida House of Representatives - 1999              CS/HB 903

        By the Committee on Insurance and Representatives Albright
    and Boyd





  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 and updating provisions requiring

  5         small employer carriers to offer and issue

  6         certain health benefit plans; providing

  7         additional restrictions on premium rates for

  8         certain health benefit plans; providing an

  9         effective date.

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

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13         Section 1.  Paragraph (c) of subsection (5) and

14  paragraphs (b) and (d) of section 627.6699, Florida Statutes,

15  1998 Supplement, are amended to read:

16         627.6699  Employee Health Care Access Act.--

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 January 1, 1999 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 August 1, 1999 April 15, 1994, offer and

31  issue basic and standard small employer health benefit plans

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    Florida House of Representatives - 1999              CS/HB 903

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  1  on a guaranteed-issue basis, during a 31-day open enrollment

  2  period of August 1 through August 31 of each year, to every

  3  eligible small employer, with less than one or two eligible

  4  employees, which small employer is not formed primarily for

  5  the purposes of buying health insurance, which elects to be

  6  covered under such plan, agrees to make the required premium

  7  payments, and satisfies the other provisions of the plan.

  8  Coverage provided pursuant to this subparagraph shall begin on

  9  October 1 of the same year as the date of enrollment, unless

10  the small employer carrier and the small employer mutually

11  agree to a different date. A rider for additional or increased

12  benefits may be medically underwritten and may only be added

13  to the standard health benefit plan.  The increased rate

14  charged for the additional or increased benefit must be rated

15  in accordance with this section.

16         3.  Offer to eligible small employers the standard and

17  basic health benefit plans.

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19  This paragraph subparagraph does not limit a carrier's ability

20  to offer other health benefit plans to small employers if the

21  standard and basic health benefit plans are offered and

22  rejected.

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

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

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

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

27  benefit plans subject to this section are subject to the

28  following:

29         1.  Small employer carriers must use a modified

30  community rating methodology in which the premium for each

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

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    Florida House of Representatives - 1999              CS/HB 903

    200-528-99






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

  2  family composition, tobacco use, or geographic area as

  3  determined under paragraph (5)(k).

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

  5  composition, tobacco use, or geographic location may be

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

  7  The factors used by carriers are subject to department review

  8  and approval.

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

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

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

12  benefits are changed.

13         4.  Carriers participating in the alliance program, in

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

15  community rate to business written in that program.

16         5.  A small employer carrier rating methodology may

17  include separate rating categories for one dependent child,

18  for two dependent children, and three or more dependent

19  children for family coverage of employees having a spouse and

20  dependent children or employees having dependent children

21  only. A small employer carrier may have fewer, but not

22  greater, numbers of categories for dependent children than

23  those specified in this subparagraph.

24         6.  Small employer carriers may not use a composite

25  rating methodology to rate a small employer with fewer than 10

26  employees. For the purposes of this subparagraph a "composite

27  rating methodology" means a rating methodology that averages

28  the impact of the rating factors for age and gender in the

29  premiums charged to all of the employees of a small employer.

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

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

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    Florida House of Representatives - 1999              CS/HB 903

    200-528-99






  1  provided by a small employer carrier that is an insurer, and

  2  this section and s. 641.31 apply to any health benefit

  3  provided by a small employer carrier that is a health

  4  maintenance organization, that provides coverage to one or

  5  more employees of a small employer regardless of where the

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

  7  the health benefit plan covers employees or their covered

  8  dependents who are residents of this state.

  9         Section 2.  This act shall take effect July 1, 1999.

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