House Bill 0541e1

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







                                        CS/HB 541, First Engrossed



  1                      A bill to be entitled

  2         An act relating to insurance; amending s.

  3         284.33, F.S.; authorizing the Department of

  4         Insurance to directly purchase annuities for

  5         certain purposes; providing criteria and

  6         requirements; providing an exemption from

  7         certain competitive bidding requirements;

  8         amending s. 625.121, F.S.; deleting a

  9         requirement relating to calculating a

10         deficiency reserve; amending s. 626.99, F.S.;

11         updating a required buyer's guide reference;

12         creating s. 627.4785, F.S.; authorizing the

13         department to adopt a certain model regulation

14         for valuing life insurance policies; amending

15         s. 627.6487, F.S.; clarifying a definition;

16         amending ss. 627.901 and 627.902, F.S.;

17         deleting a limitation on a maximum service

18         charge for certain insurance premium balances;

19         revising applicability of certain provisions to

20         certain insurance agents or agencies or

21         insurers or subsidiaries based upon total

22         service charges per year; creating a study

23         commission on the availability of health care

24         coverage for the employee leasing industry;

25         providing an effective date.

26

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

28

29         Section 1.  Subsection (1) of section 284.33, Florida

30  Statutes, is amended to read:

31


                                  1

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






                                        CS/HB 541, First Engrossed



  1         284.33  Purchase of insurance, reinsurance, and

  2  services.--

  3         (1)  The Department of Insurance is authorized to

  4  provide insurance, specific excess insurance, and aggregate

  5  excess insurance through the Department of Management

  6  Services, pursuant to the provisions of part I of chapter 287,

  7  as necessary to provide insurance coverages authorized by this

  8  part, consistent with market availability. However, the

  9  department may directly purchase annuities through a

10  structured settlement insurance consultant selected by the

11  department to assist in settling claims by the Division of

12  Risk Management. Consultant selection shall be accomplished

13  through competitive sealed proposals. The consultant shall act

14  as an agent of record for the department in procuring the best

15  annuity products available to facilitate structured settlement

16  of claims, considering price, insurer financial strength, and

17  the best interest of the state risk management program.

18  Purchase of annuities by the department using a structured

19  settlement method is exempt from competitive sealed bidding or

20  proposal requirements.  The Department of Insurance is further

21  authorized to purchase such risk management services,

22  including, but not limited to, risk and claims control; safety

23  management; and legal, investigative, and adjustment services,

24  as may be required and pay claims. The department may contract

25  with a service organization for such services and advance

26  money to such service organization for deposit in a special

27  checking account for paying claims made against the state

28  under the provisions of this part.  The special checking

29  account shall be maintained in this state in a bank or savings

30  association organized under the laws of this state or of the

31  United States. The department may replenish such account as


                                  2

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






                                        CS/HB 541, First Engrossed



  1  often as necessary upon the presentation by the service

  2  organization of documentation for payments of claims equal to

  3  the amount of the requested reimbursement.

  4         Section 2.  Subsection (11) of section 625.121, Florida

  5  Statutes, is amended to read:

  6         625.121  Standard Valuation Law; life insurance.--

  7         (11)  DEFICIENCY RESERVE.--If in any contract year the

  8  gross premium charged by any life insurer on any policy or

  9  contract is less than the valuation net premium for the policy

10  or contract calculated by the method used in calculating the

11  reserve thereon but using the minimum valuation standards of

12  mortality and rate of interest, there shall be maintained on

13  such policy or contract a deficiency reserve in addition to

14  the reserve defined by subsections (7) and (12).  For each

15  such policy or contract, the deficiency reserve shall be the

16  present value, according to the minimum valuation standards of

17  mortality and rate of interest, of the differences between all

18  such valuation net premiums and the corresponding premiums

19  charged for such policy or contract during the remainder of

20  the premium-paying period.  As regards renewable term life

21  insurance, the policy reserve and foregoing deficiency reserve

22  shall be calculated using the current term period only. For

23  any category of policies, contracts, or benefits specified in

24  subsections (5) and (6), issued on or after the operative date

25  of s. 627.476 (the Standard Nonforfeiture Law for Life

26  Insurance), the aggregate deficiency reserves may be reduced

27  by the amount, if any, by which the aggregate reserves

28  actually calculated in accordance with subsection (9) exceed

29  the minimum aggregate reserves prescribed by subsection (8).

30  The minimum valuation standards of mortality and rate of

31  interest referred to in this subsection are those standards


                                  3

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






                                        CS/HB 541, First Engrossed



  1  stated in subsections (5) and (6). However, for any life

  2  insurance policy which is issued on or after January 1, 1985,

  3  for which the gross premium in the first policy year exceeds

  4  that of the second year and for which no comparable additional

  5  benefit is provided in the first year for such excess, and

  6  which provides an endowment benefit, a cash surrender value,

  7  or a combination thereof in an amount greater than such excess

  8  premium, the foregoing provisions of this subsection shall be

  9  applied as if the method actually used in calculating the

10  reserve for such policy were the method described in

11  subsection (7), the provisions of subparagraph (7)(a)2. being

12  ignored.  The amount of the deficiency reserve, if any, at

13  each policy anniversary of such a policy shall be the excess,

14  if any, of the amount determined by the foregoing provisions

15  of this subsection plus the reserve calculated by the method

16  described in subsection (7), the provisions of subparagraph

17  (7)(a)2. being ignored, over the reserve actually calculated

18  by the method described in subsection (7), the provisions of

19  subparagraph (7)(a)2. being taken into account.

20         Section 3.  Subsection (6) of section 626.99, Florida

21  Statutes, is amended to read:

22         626.99  Life insurance solicitation.--

23         (6)  ADOPTION OF BUYER'S GUIDE; REQUIREMENTS.--Any

24  insurer soliciting life insurance in this state on or after

25  October 1, 1980, shall adopt and use a buyer's guide, and the

26  adoption and use by an insurer of the buyer's guide adopted

27  October 1, 1996 May 4, 1976, by the National Association of

28  Insurance Commissioners in the NAIC Life Insurance

29  Solicitation Model Regulation shall be in compliance with the

30  requirements of this section.

31


                                  4

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






                                        CS/HB 541, First Engrossed



  1         Section 4.  Section 627.4785, Florida Statutes, is

  2  created to read:

  3         627.4785  Valuation of life insurance policies.--The

  4  department may adopt by rule the model regulation for

  5  valuation of life insurance policies as approved by the

  6  National Association of Insurance Commissioners in March 1999,

  7  including tables of select mortality factors, and may make the

  8  regulation effective January 1, 2000.

  9         Section 5.  Subsection (3) of section 627.6487, Florida

10  Statutes, is amended to read:

11         627.6487  Guaranteed availability of individual health

12  insurance coverage to eligible individuals.--

13         (3)  For the purposes of this section, the term

14  "eligible individual" means an individual:

15         (a)1.  For whom, as of the date on which the individual

16  seeks coverage under this section, the aggregate of the

17  periods of creditable coverage, as defined in s. 627.6561(5)

18  and (6), is 18 or more months; and

19         2.a.  Whose most recent prior creditable coverage was

20  under a group health plan, governmental plan, or church plan,

21  or health insurance coverage offered in connection with any

22  such plan; or

23         b.  Whose most recent prior creditable coverage was

24  under an individual plan issued in this state by a health

25  insurer or health maintenance organization, which coverage is

26  terminated due to the insurer or health maintenance

27  organization becoming insolvent or discontinuing the offering

28  of all individual coverage in this the state, or due to the

29  insured no longer living in the service area in this state of

30  the insurer or health maintenance organization that provides

31  coverage through a network plan in this state;


                                  5

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






                                        CS/HB 541, First Engrossed



  1         (b)  Who is not eligible for coverage under:

  2         1.  A group health plan, as defined in s. 2791 of the

  3  Public Health Service Act;

  4         2.  A conversion policy or contract issued by an

  5  authorized insurer or health maintenance organization under s.

  6  627.6675 or s. 641.3921, respectively, offered to an

  7  individual who is no longer eligible for coverage under either

  8  an insured or self-insured employer plan;

  9         3.  Part A or part B of Title XVIII of the Social

10  Security Act; or

11         4.  A state plan under Title XIX of such act, or any

12  successor program, and does not have other health insurance

13  coverage;

14         (c)  With respect to whom the most recent coverage

15  within the coverage period described in paragraph (a) was not

16  terminated based on a factor described in s. 627.6571(2)(a) or

17  (b), relating to nonpayment of premiums or fraud, unless such

18  nonpayment of premiums or fraud was due to acts of an employer

19  or person other than the individual;

20         (d)  Who, having been offered the option of

21  continuation coverage under a COBRA continuation provision or

22  under s. 627.6692, elected such coverage; and

23         (e)  Who, if the individual elected such continuation

24  provision, has exhausted such continuation coverage under such

25  provision or program.

26         Section 6.  Section 627.901, Florida Statutes, is

27  amended to read:

28         627.901  Premium financing by an insurance agent or

29  agency.--

30         (1)  A general lines agent may make reasonable service

31  charges for financing insurance premiums on policies issued or


                                  6

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






                                        CS/HB 541, First Engrossed



  1  business produced by such an agent or agency, s. 626.9541

  2  notwithstanding.  The service charge shall not exceed $1 per

  3  installment, or a $6 total service charge per year, for any

  4  premium balance of $120 or less.  For any premium balance

  5  greater than $120 but not more than $220, the service charge

  6  shall not exceed $9 per year.  The maximum service charge of

  7  $1 per installment for any premium balance greater than $220

  8  shall not exceed $12 per year.  In lieu of such service

  9  charges, an insurance agent or agency may charge a rate of

10  interest not to exceed 18 percent simple interest per year on

11  the unpaid balance.

12         (2)  Every such agent or agency engaging in premium

13  financing whose total service charge per year or rate of

14  interest is more than as provided in subsection (1) shall be

15  subject to part XV of this chapter.

16         Section 7.  Section 627.902, Florida Statutes, is

17  amended to read:

18         627.902  Premium financing by an insurer or

19  subsidiary.--An insurer, a subsidiary of an insurer, or a

20  corporation under substantially the same management or control

21  as an authorized insurer or group of authorized insurers may

22  finance property, casualty, surety, and marine insurance

23  premiums on policies issued or business produced by such

24  insurer or insurers; however, any such insurer, subsidiary, or

25  corporation or group of insurers the total service charge per

26  year or rate of interest of which is substantially more than

27  that provided in s. 627.901 shall be subject to part XV of

28  this chapter.

29         Section 8.  There is created the Commission for Health

30  Care for the Employee Leasing Industry. The purpose of the

31  commission is to study the availability and affordability of


                                  7

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






                                        CS/HB 541, First Engrossed



  1  health care and the delivery methods for providing health

  2  care. The study shall include, but is not limited to, health

  3  care provided by standard carriers, partial self-insurance,

  4  self-insurance under Pub. L. No. 93-406, the Employee

  5  Retirement Income Security Act as amended, association

  6  self-insurance trusts, and the cost and value of those

  7  delivery methods.

  8         (1)  The commission shall submit a report on the

  9  results of the study to both Houses of the Legislature and the

10  Governor by January 1, 2001.

11         (2)  The commission shall be created with the following

12  membership: two members of the Senate appointed by the Senate

13  President; two members of the House of Representatives

14  appointed by the Speaker of the House of Representatives;

15  three members of industry regulated and licensed under

16  sections 468.520-468.535, Florida Statutes, appointed by the

17  President of the Senate; three members of industry regulated

18  and licensed under sections 468.520-468.535, Florida Statutes,

19  appointed by the Speaker of the House of Representatives; the

20  Treasurer or his designee; and the Secretary of Business and

21  Professional Regulation or his designee. The members of the

22  industry appointed to serve on the commission shall serve

23  without pay or travel reimbursement.

24         (3)  All meetings of the commission shall be held at

25  the Capitol. Meetings shall be called by the chairperson, who

26  shall be selected by vote of the Senate and House of

27  Representative members of the commission. Staff support shall

28  be provided by the Senate Committee on Banking and Insurance

29  and the House of Representatives Committee on Insurance.

30         Section 9.  This act shall take effect upon becoming a

31  law.


                                  8