HOUSE AMENDMENT
                                 Bill No. CS for SB 1210, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
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11  Representative(s) Berfield offered the following:
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13         Amendment (with title amendment) 
14  remove from the bill:  everything after the enacting clause,
15  
16  and insert in lieu thereof:  
17         Section 1.  Paragraph (a) of subsection (6) of section
18  627.410, Florida Statutes, is amended, and paragraph (f) is
19  added to subsection (7) of said section, to read:
20         627.410  Filing, approval of forms.--
21         (6)(a)  An insurer shall not deliver or issue for
22  delivery or renew in this state any health insurance policy
23  form until it has filed with the department a copy of every
24  applicable rating manual, rating schedule, change in rating
25  manual, and change in rating schedule; if rating manuals and
26  rating schedules are not applicable, the insurer must file
27  with the department applicable premium rates and any change in
28  applicable premium rates. This paragraph does not apply to
29  group health insurance policies insuring groups of 51 or more
30  persons, except for Medicare supplement insurance, long-term
31  care insurance, and any coverage under which the increase in
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    File original & 9 copies    04/27/01                          
    hci0001                     12:24 pm         01210-0050-843101

HOUSE AMENDMENT Bill No. CS for SB 1210, 1st Eng. Amendment No. ___ (for drafter's use only) 1 claims costs over the lifetime of the contract due to 2 advancing age or duration is prefunded in the premium. 3 (7) 4 (f) Insurers with fewer than 1,000 nationwide 5 policyholders or insured group members or subscribers covered 6 under any form or pooled group of forms with health insurance 7 coverage, as described in s. 627.6561(5)(a)2., excluding 8 Medicare supplement insurance coverage under part VIII, at the 9 time of a rate filing made pursuant to subparagraph (b)1., may 10 file for an annual rate increase limited to medical trend as 11 adopted by the department pursuant to s. 627.411(5). The 12 filing is in lieu of the actuarial memorandum required for a 13 rate filing prescribed by paragraph (6)(b). The filing must 14 include forms adopted by the department and a certification by 15 an officer of the company that the filing includes all similar 16 forms. 17 Section 2. Section 627.411, Florida Statutes, is 18 amended to read: 19 627.411 Grounds for disapproval.-- 20 (1) The department shall disapprove any form filed 21 under s. 627.410, or withdraw any previous approval thereof, 22 only if the form: 23 (a) Is in any respect in violation of, or does not 24 comply with, this code. 25 (b) Contains or incorporates by reference, where such 26 incorporation is otherwise permissible, any inconsistent, 27 ambiguous, or misleading clauses, or exceptions and conditions 28 which deceptively affect the risk purported to be assumed in 29 the general coverage of the contract. 30 (c) Has any title, heading, or other indication of its 31 provisions which is misleading. 2 File original & 9 copies 04/27/01 hci0001 12:24 pm 01210-0050-843101
HOUSE AMENDMENT Bill No. CS for SB 1210, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (d) Is printed or otherwise reproduced in such manner 2 as to render any material provision of the form substantially 3 illegible. 4 (e) Is for health insurance, and: 5 1. Provides benefits that which are unreasonable in 6 relation to the premium charged;, 7 2. Contains provisions that which are unfair or 8 inequitable or contrary to the public policy of this state or 9 that which encourage misrepresentation;, or 10 3. Contains provisions that which apply rating 11 practices that which result in premium escalations that are 12 not viable for the policyholder market or result in unfair 13 discrimination pursuant to s. 626.9541(1)(g)2.; in sales 14 practices. 15 4. Results in an actuarially justified rate increase 16 that includes the insurer reducing the portion of the premium 17 used to pay claims from the loss-ratio standard certified in 18 the last actuarial certification filed by the insurer, which 19 rate increase is in excess of the actuarially justified rate 20 increase without such loss-ratio change, by an amount 21 exceeding the greater of 50 percent of annual medical trend or 22 5 percent; 23 5. Results in an actuarially justified rate increase 24 that includes the insurer changing established rate 25 relationships between insureds or types of coverage, which 26 rate increase is in excess of the actuarially justified rate 27 increase without such relationship change, to any insured by 28 an amount exceeding the greater of 50 percent of annual 29 medical trend or 5 percent; 30 6. Results in an actuarially justified rate increase 31 that is in excess of the greater of 150 percent of annual 3 File original & 9 copies 04/27/01 hci0001 12:24 pm 01210-0050-843101
HOUSE AMENDMENT Bill No. CS for SB 1210, 1st Eng. Amendment No. ___ (for drafter's use only) 1 medical trend or 10 percent attributed to the insurer not 2 complying with the annual filing requirements of s. 627.410(7) 3 or department rule adopted under s. 641.31; or 4 7. Results in an actuarially justified rate increase 5 that is in excess of the greater of 150 percent of annual 6 medical trend or 10 percent on a form or block of pooled forms 7 in which no form is currently available for sale. This 8 provision does not apply to prestandardized Medicare 9 supplement forms. 10 (f) Excludes coverage for human immunodeficiency virus 11 infection or acquired immune deficiency syndrome or contains 12 limitations in the benefits payable, or in the terms or 13 conditions of such contract, for human immunodeficiency virus 14 infection or acquired immune deficiency syndrome which are 15 different than those which apply to any other sickness or 16 medical condition. 17 (2) In determining whether the benefits are reasonable 18 in relation to the premium charged, the department, in 19 accordance with reasonable actuarial techniques, shall 20 consider: 21 (a) Past loss experience and prospective loss 22 experience within and without this state. 23 (b) Allocation of expenses. 24 (c) Risk and contingency margins, along with 25 justification of such margins. 26 (d) Acquisition costs. 27 (3) If the renewal rate increase to existing insureds 28 at the time of the rate filing would exceed the indicated 29 levels based on the conditions in subparagraph (1)(e)4., 30 subparagraph (1)(e)5., or subparagraph (1)(e)6., the insurer 31 may file for approval of a higher new business rate schedule 4 File original & 9 copies 04/27/01 hci0001 12:24 pm 01210-0050-843101
HOUSE AMENDMENT Bill No. CS for SB 1210, 1st Eng. Amendment No. ___ (for drafter's use only) 1 for new insureds and a rate increase of the amount that is 2 actuarially justified by the aggregate data without such 3 condition, plus the greater of 50 percent of annual medical 4 trend or 5 percent for existing insureds. Future annual rate 5 increases for the existing insureds at the time of the 6 exercise of this provision is limited to the greater of 150 7 percent of the rate increase approved for new insureds, the 8 greater of 150 percent of medical trend, or 10 percent, until 9 the rate schedules converge. The application of this 10 subsection is not a violation of s. 627.410(6)(d). 11 (4) If a rate filing changes the established rate 12 relationship between insureds, the aggregate effect of such 13 change shall be revenue neutral. The change to the new 14 relationship shall be phased in under this subsection over a 15 period not to exceed 3 years, as approved by the department. 16 (5) In determining medical trend for application of 17 subparagraphs (1)(e)4., 5., 6., and 7., the department shall 18 semiannually determine medical trend for each health care 19 market, using reasonable actuarial techniques and standards. 20 The trend must be adopted by the department by rule and 21 determined as follows: 22 (a) Trend must be determined separately for medical 23 expense; preferred provider organization; Medicare supplement; 24 health maintenance organization; and other coverage for 25 individual, small group, and large group, where applicable. 26 (b) The department shall survey insurers and health 27 maintenance organizations currently issuing products and 28 representing at least an 80-percent market share based on 29 premiums earned in the state for the most recent calendar year 30 for each of the categories specified in paragraph (a). 31 (c) Trend must be computed as the average annual 5 File original & 9 copies 04/27/01 hci0001 12:24 pm 01210-0050-843101
HOUSE AMENDMENT Bill No. CS for SB 1210, 1st Eng. Amendment No. ___ (for drafter's use only) 1 medical trend approved for the carriers surveyed, giving 2 appropriate weight to each carrier's statewide market share of 3 earned premiums. 4 (d) The annual trend is the annual change in claims 5 cost per unit of exposure. Trend includes the combined effect 6 of medical provider price changes, new medical procedures, and 7 technology and cost shifting. 8 Section 3. Subsection (9) is added to section 9 627.6515, Florida Statutes, to read: 10 627.6515 Out-of-state groups.-- 11 (9) For purposes of this section, any insurer that 12 issues any group health insurance policy or group certificate 13 for health insurance to a resident of this state and requires 14 individual underwriting to determine coverage eligibility or 15 premium rates to be charged shall combine the experience of 16 all association-based group policies or association-based 17 group certificates which are substantially similar with 18 respect to type and level of benefits and marketing method 19 issued in this state after the policy form has been in force 20 for a period of 5 years to calculate uniform percentage rate 21 increases. For purposes of this section, policy forms that 22 have different cost-sharing arrangements or different riders 23 are considered to be different policy forms. Nothing in this 24 subsection shall be construed to require uniform rates for 25 policies or certificates after their fifth duration, it being 26 the intent and purpose of this law to require uniform 27 percentage rate increases for such policies or certificates. 28 Furthermore, nothing in this subsection shall be construed to 29 eliminate changes in rates by age for attained age policies or 30 certificates. The provisions of this subsection shall apply to 31 policies or certificates issued after July 1, 2001. For 6 File original & 9 copies 04/27/01 hci0001 12:24 pm 01210-0050-843101
HOUSE AMENDMENT Bill No. CS for SB 1210, 1st Eng. Amendment No. ___ (for drafter's use only) 1 purposes of this subsection, a group health policy or group 2 certificate for health insurance means any hospital or medical 3 policy or certificate, hospital or medical service plan 4 contract, or health maintenance organization subscriber 5 contract. The term does not include accident-only, specified 6 disease, individual hospital indemnity, credit, dental-only, 7 vision-only, Medicare supplement, long-term care, or 8 disability income insurance; similar supplemental plans 9 provided under a separate policy, certificate, or contract of 10 insurance, which cannot duplicate coverage under an underlying 11 health plan and are specifically designed to fill gaps in the 12 underlying health plan, coinsurance, or deductibles; coverage 13 issued as a supplement to liability insurance; workers' 14 compensation or similar insurance; or automobile 15 medical-payment insurance. 16 Section 4. Paragraphs (i) and (n) of subsection (3) 17 and paragraph (b) of subsection (6) of section 627.6699, 18 Florida Statutes, are amended to read: 19 627.6699 Employee Health Care Access Act.-- 20 (3) DEFINITIONS.--As used in this section, the term: 21 (i) "Established geographic area" means the county or 22 counties, or any portion of a county or counties, within which 23 the carrier provides or arranges for health care services to 24 be available to its insureds, members, or subscribers. 25 (n) "Modified community rating" means a method used to 26 develop carrier premiums which spreads financial risk across a 27 large population; allows the use of separate rating factors 28 for age, gender, family composition, tobacco usage, and 29 geographic area as determined under paragraph (5)(j); and 30 allows adjustments for: claims experience, health status, or 31 credits based on the duration that the of coverage has been in 7 File original & 9 copies 04/27/01 hci0001 12:24 pm 01210-0050-843101
HOUSE AMENDMENT Bill No. CS for SB 1210, 1st Eng. Amendment No. ___ (for drafter's use only) 1 force as permitted under subparagraph (6)(b)6. subparagraph 2 (6)(b)5.; and administrative and acquisition expenses as 3 permitted under subparagraph (6)(b)5. A carrier may separate 4 the experience of small employer groups with less than two 5 eligible employees from the experience of small employer 6 groups with two through 50 eligible employees. 7 (6) RESTRICTIONS RELATING TO PREMIUM RATES.-- 8 (b) For all small employer health benefit plans that 9 are subject to this section and are issued by small employer 10 carriers on or after January 1, 1994, premium rates for health 11 benefit plans subject to this section are subject to the 12 following: 13 1. Small employer carriers must use a modified 14 community rating methodology in which the premium for each 15 small employer must be determined solely on the basis of the 16 eligible employee's and eligible dependent's gender, age, 17 family composition, tobacco use, or geographic area as 18 determined under paragraph (5)(j) and in which the premium may 19 be adjusted as permitted by subparagraphs 5., and 6., and 7. 20 2. Rating factors related to age, gender, family 21 composition, tobacco use, or geographic location may be 22 developed by each carrier to reflect the carrier's experience. 23 The factors used by carriers are subject to department review 24 and approval. 25 3. If the modified community rate is determined from 26 two experience pools as authorized by paragraph (5)(n), the 27 rate to be charged to small employer groups of less than two 28 eligible employees may not exceed 150 percent of the rate 29 determined for groups of two through 50 eligible employees; 30 however, the carrier may charge excess losses of the 31 less-than-two-eligible-employee experience pool to the 8 File original & 9 copies 04/27/01 hci0001 12:24 pm 01210-0050-843101
HOUSE AMENDMENT Bill No. CS for SB 1210, 1st Eng. Amendment No. ___ (for drafter's use only) 1 experience pool of the two through 50 eligible employees so 2 that all losses are allocated and the 150-percent rate limit 3 on the less-than-two-eligible-employee experience pool is 4 maintained. Notwithstanding the provisions of s. 5 627.411(1)(e)4. and (3), the rate to be charged to a small 6 employer group of fewer than 2 eligible employees insured as 7 of July 1, 2001, may be up to 125 percent of the rate 8 determined for groups of 2 through 50 eligible employees for 9 the first annual renewal and 150 percent for subsequent annual 10 renewals. 11 4.3. Small employer carriers may not modify the rate 12 for a small employer for 12 months from the initial issue date 13 or renewal date, unless the composition of the group changes 14 or benefits are changed. However, a small employer carrier may 15 modify the rate one time prior to 12 months after the initial 16 issue date for a small employer who enrolls under a previously 17 issued group policy that has a common anniversary date for all 18 employers covered under the policy if: 19 a. The carrier discloses to the employer in a clear 20 and conspicuous manner the date of the first renewal and the 21 fact that the premium may increase on or after that date. 22 b. The insurer demonstrates to the department that 23 efficiencies in administration are achieved and reflected in 24 the rates charged to small employers covered under the policy. 25 5.4. A carrier may issue a group health insurance 26 policy to a small employer health alliance or other group 27 association with rates that reflect a premium credit for 28 expense savings attributable to administrative activities 29 being performed by the alliance or group association if such 30 expense savings are specifically documented in the insurer's 31 rate filing and are approved by the department. Any such 9 File original & 9 copies 04/27/01 hci0001 12:24 pm 01210-0050-843101
HOUSE AMENDMENT Bill No. CS for SB 1210, 1st Eng. Amendment No. ___ (for drafter's use only) 1 credit may not be based on different morbidity assumptions or 2 on any other factor related to the health status or claims 3 experience of any person covered under the policy. Nothing in 4 this subparagraph exempts an alliance or group association 5 from licensure for any activities that require licensure under 6 the insurance code. A carrier issuing a group health insurance 7 policy to a small employer health alliance or other group 8 association shall allow any properly licensed and appointed 9 agent of that carrier to market and sell the small employer 10 health alliance or other group association policy. Such agent 11 shall be paid the usual and customary commission paid to any 12 agent selling the policy. 13 6.5. Any adjustments in rates for claims experience, 14 health status, or credits based on the duration of coverage 15 may not be charged to individual employees or dependents. For 16 a small employer's policy, such adjustments may not result in 17 a rate for the small employer which deviates more than 15 18 percent from the carrier's approved rate. Any such adjustment 19 must be applied uniformly to the rates charged for all 20 employees and dependents of the small employer. A small 21 employer carrier may make an adjustment to a small employer's 22 renewal premium, not to exceed 10 percent annually, due to the 23 claims experience, health status, or credits based on the 24 duration of coverage of the employees or dependents of the 25 small employer. Semiannually, small group carriers shall 26 report information on forms adopted by rule by the department, 27 to enable the department to monitor the relationship of 28 aggregate adjusted premiums actually charged policyholders by 29 each carrier to the premiums that would have been charged by 30 application of the carrier's approved modified community 31 rates. If the aggregate resulting from the application of such 10 File original & 9 copies 04/27/01 hci0001 12:24 pm 01210-0050-843101
HOUSE AMENDMENT Bill No. CS for SB 1210, 1st Eng. Amendment No. ___ (for drafter's use only) 1 adjustment exceeds the premium that would have been charged by 2 application of the approved modified community rate by 5 3 percent for the current reporting period, the carrier shall 4 limit the application of such adjustments only to minus 5 adjustments beginning not more than 60 days after the report 6 is sent to the department. For any subsequent reporting 7 period, if the total aggregate adjusted premium actually 8 charged does not exceed the premium that would have been 9 charged by application of the approved modified community rate 10 by 5 percent, the carrier may apply both plus and minus 11 adjustments. A small employer carrier may provide a credit to 12 a small employer's premium based on administrative and 13 acquisition expense differences resulting from the size of the 14 group. Group size administrative and acquisition expense 15 factors may be developed by each carrier to reflect the 16 carrier's experience and are subject to department review and 17 approval. 18 7.6. A small employer carrier rating methodology may 19 include separate rating categories for one dependent child, 20 for two dependent children, and for three or more dependent 21 children for family coverage of employees having a spouse and 22 dependent children or employees having dependent children 23 only. A small employer carrier may have fewer, but not 24 greater, numbers of categories for dependent children than 25 those specified in this subparagraph. 26 8.7. Small employer carriers may not use a composite 27 rating methodology to rate a small employer with fewer than 10 28 employees. For the purposes of this subparagraph, a "composite 29 rating methodology" means a rating methodology that averages 30 the impact of the rating factors for age and gender in the 31 premiums charged to all of the employees of a small employer. 11 File original & 9 copies 04/27/01 hci0001 12:24 pm 01210-0050-843101
HOUSE AMENDMENT Bill No. CS for SB 1210, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Section 5. Section 627.9408, Florida Statutes, is 2 amended to read: 3 627.9408 Rules.-- 4 (1) The department may has authority to adopt rules 5 pursuant to ss. 120.536(1) and 120.54 to administer implement 6 the provisions of this part. 7 (2) The department may adopt by rule the provisions of 8 the Long-Term Care Insurance Model Regulation adopted by the 9 National Association of Insurance Commissioners in the second 10 quarter of the year 2000 which are not in conflict with the 11 Florida Insurance Code. 12 Section 6. Paragraph (b) of subsection (3) of section 13 641.31, Florida Statutes, is amended, and paragraph (f) is 14 added to said subsection, to read: 15 641.31 Health maintenance contracts.-- 16 (3) 17 (b) Any change in the rate is subject to paragraph (d) 18 and requires at least 30 days' advance written notice to the 19 subscriber. In the case of a group member, there may be a 20 contractual agreement with the health maintenance organization 21 to have the employer provide the required notice to the 22 individual members of the group. This paragraph does not apply 23 to a group contract covering 51 or more persons unless the 24 rate is for any coverage under which the increase in claim 25 costs over the lifetime of the contract due to advancing age 26 or duration is prefunded in the premium. 27 (f) A health maintenance organization with fewer than 28 1,000 covered subscribers under all individual or group 29 contracts, at the time of a rate filing, may file for an 30 annual rate increase limited to annual medical trend, as 31 adopted by the department. The filing is in lieu of the 12 File original & 9 copies 04/27/01 hci0001 12:24 pm 01210-0050-843101
HOUSE AMENDMENT Bill No. CS for SB 1210, 1st Eng. Amendment No. ___ (for drafter's use only) 1 actuarial memorandum otherwise required for the rate filing. 2 The filing must include forms adopted by the department and a 3 certification by an officer of the company that the filing 4 includes all similar forms. 5 Section 7. Paragraphs (a) and (b) of subsection (1) of 6 section 641.3155, Florida Statutes, are amended to read: 7 641.3155 Payment of claims.-- 8 (1)(a) As used in this section, the term "clean claim" 9 for a noninstitutional provider means a claim submitted on a 10 HCFA 1500 form which has no defect or impropriety, including 11 lack of required substantiating documentation for 12 noncontracted providers and suppliers, or particular 13 circumstances requiring special treatment which prevent timely 14 payment from being made on the claim. A claim may not be 15 considered not clean solely because a health maintenance 16 organization refers the claim to a medical specialist within 17 the health maintenance organization for examination. If 18 additional substantiating documentation, such as the medical 19 record or encounter data, is required from a source outside 20 the health maintenance organization, the claim is considered 21 not clean. This paragraph does not apply to claims which 22 include potential coordination of benefits for third-party 23 liability or subrogation, as evidenced by the information 24 provided on the claim form related to coordination of 25 benefits. This definition of "clean claim" is repealed on the 26 effective date of rules adopted by the department which define 27 the term "clean claim." 28 (b) Absent a written definition that is agreed upon 29 through contract, the term "clean claim" for an institutional 30 claim is a properly and accurately completed paper or 31 electronic billing instrument that consists of the UB-92 data 13 File original & 9 copies 04/27/01 hci0001 12:24 pm 01210-0050-843101
HOUSE AMENDMENT Bill No. CS for SB 1210, 1st Eng. Amendment No. ___ (for drafter's use only) 1 set or its successor with entries stated as mandatory by the 2 National Uniform Billing Committee. This paragraph does not 3 apply to claims which include potential coordination of 4 benefits for third-party liability or subrogation, as 5 evidenced by the information provided on the claim form 6 related to coordination of benefits. 7 Section 8. Health flex plans.-- 8 (1) INTENT.--The Legislature finds that a significant 9 portion of the residents of this state are not able to obtain 10 affordable health insurance coverage. Therefore, it is the 11 intent of the Legislature to expand the availability of health 12 care options for lower income uninsured state residents by 13 encouraging health insurers, health maintenance organizations, 14 health care provider sponsored organizations, local 15 governments, health care districts, or other public or private 16 community-based organizations to develop alternative 17 approaches to traditional health insurance which emphasize 18 coverage for basic and preventive health care services. To 19 the maximum extent possible, such options should be 20 coordinated with existing governmental or community-based 21 health services programs in a manner that is consistent with 22 the objectives and requirements of such programs. 23 (2) DEFINITIONS.--As used in this section: 24 (a) "Agency" means the Agency for Health Care 25 Administration. 26 (b) "Approved plan" means a health flex plan approved 27 under subsection (3) which guarantees payment by the health 28 plan entity for specified health care services provided to the 29 enrollee. 30 (c) "Enrollee" means an individual who has been 31 determined eligible for and is receiving health benefits under 14 File original & 9 copies 04/27/01 hci0001 12:24 pm 01210-0050-843101
HOUSE AMENDMENT Bill No. CS for SB 1210, 1st Eng. Amendment No. ___ (for drafter's use only) 1 a health flex plan approved under this section. 2 (d) "Health care coverage" means payment for health 3 care services covered as benefits under an approved plan or 4 that otherwise provides, either directly or through 5 arrangements with other persons, covered health care services 6 on a prepaid per-capita basis or on a prepaid aggregate 7 fixed-sum basis. 8 (e) "Health plan entity" means a health insurer, 9 health maintenance organization, health care provider 10 sponsored organization, local government, health care 11 districts, or other public or private community-based 12 organization that develops and implements an approved plan and 13 is responsible for financing and paying all claims by 14 enrollees of the plan. 15 (3) PILOT PROGRAM.--The agency and the Department of 16 Insurance shall jointly approve or disapprove health flex 17 plans which provide health care coverage for eligible 18 participants residing in the three areas of the state having 19 the highest number of uninsured residents as determined by the 20 agency. A plan may limit or exclude benefits otherwise 21 required by law for insurers offering coverage in this state, 22 cap the total amount of claims paid in 1 year per enrollee, or 23 limit the number of enrollees covered. The agency and the 24 Department of Insurance shall not approve or shall withdraw 25 approval of a plan which: 26 (a) Contains any ambiguous, inconsistent, or 27 misleading provisions, or exceptions or conditions that 28 deceptively affect or limit the benefits purported to be 29 assumed in the general coverage provided by the plan; 30 (b) Provides benefits that are unreasonable in 31 relation to the premium charged, contains provisions that are 15 File original & 9 copies 04/27/01 hci0001 12:24 pm 01210-0050-843101
HOUSE AMENDMENT Bill No. CS for SB 1210, 1st Eng. Amendment No. ___ (for drafter's use only) 1 unfair or inequitable or contrary to the public policy of this 2 state or that encourage misrepresentation, or result in unfair 3 discrimination in sales practices; or 4 (c) Cannot demonstrate that the plan is financially 5 sound and the applicant has the ability to underwrite or 6 finance the benefits provided. 7 (4) LICENSE NOT REQUIRED.--A health flex plan approved 8 under this section shall not be subject to the licensing 9 requirements of the Florida Insurance Code or chapter 641, 10 Florida Statutes, relating to health maintenance 11 organizations, unless expressly made applicable. However, for 12 the purposes of prohibiting unfair trade practices, health 13 flex plans shall be considered insurance subject to the 14 applicable provisions of part IX of chapter 626, Florida 15 Statutes, except as otherwise provided in this section. 16 (5) ELIGIBILITY.--Eligibility to enroll in an approved 17 health flex plan is limited to residents of this state who: 18 (a) Are 64 years of age or younger; 19 (b) Have a family income equal to or less than 200 20 percent of the federal poverty level; 21 (c) Are not covered by a private insurance policy and 22 are not eligible for coverage through a public health 23 insurance program such as Medicare or Medicaid, or other 24 public health care program, including, but not limited to, 25 Kidcare, and have not been covered at any time during the past 26 6 months; and 27 (d) Have applied for health care benefits through an 28 approved health flex plan and agree to make any payments 29 required for participation, including, but not limited to, 30 periodic payments and payments due at the time health care 31 services are provided. 16 File original & 9 copies 04/27/01 hci0001 12:24 pm 01210-0050-843101
HOUSE AMENDMENT Bill No. CS for SB 1210, 1st Eng. Amendment No. ___ (for drafter's use only) 1 (6) RECORDS.--Every health flex plan provider shall 2 maintain reasonable records of its loss, expense, and claims 3 experience and shall make such records reasonably available to 4 enable the agency and the Department of Insurance to monitor 5 and determine the financial viability of the plan, as 6 necessary. 7 (7) NOTICE.--The denial of coverage by the health plan 8 entity shall be accompanied by the specific reasons for 9 denial, nonrenewal, or cancellation. Notice of nonrenewal or 10 cancellation shall be provided at least 45 days in advance of 11 such nonrenewal or cancellation except that 10 days' written 12 notice shall be given for cancellation due to nonpayment of 13 premiums. If the health plan entity fails to give the 14 required notice, the plan shall remain in effect until notice 15 is appropriately given. 16 (8) NONENTITLEMENT.--Coverage under an approved health 17 flex plan is not an entitlement and no cause of action shall 18 arise against the state, local governmental entity, or other 19 political subdivision of this state or the agency for failure 20 to make coverage available to eligible persons under this 21 section. 22 (9) CIVIL ACTIONS.--In addition to an administrative 23 action initiated under subsection (4), the agency may seek any 24 remedy provided by law, including, but not limited to, the 25 remedies provided in s. 812.035, Florida Statutes, if the 26 agency finds that a health plan entity has engaged in any act 27 resulting in injury to an enrollee covered by a plan approved 28 under this section. 29 Section 9. The Legislature finds that the 30 affordability and availability of health insurance is one of 31 the most important and complex issues in this state and that 17 File original & 9 copies 04/27/01 hci0001 12:24 pm 01210-0050-843101
HOUSE AMENDMENT Bill No. CS for SB 1210, 1st Eng. Amendment No. ___ (for drafter's use only) 1 coverage issued to a state resident under group health 2 insurance policies issued outside the state is an important 3 factor in meeting the needs of the citizens of this state. 4 The Legislature also finds that it is important to ensure that 5 those policies are adequately regulated in order to maintain 6 the quality of the coverage offered to citizens of this state. 7 Therefore, the Workgroup on Out of State Group Policies is 8 hereby created to study the regulatory environment in which 9 these policies are now offered and recommend any statutory 10 changes that may be necessary to maintain the quality of the 11 insurance offered in this state. There shall be four members 12 from the House of Representatives appointed by the Speaker of 13 the House of Representatives and four members from the Senate 14 appointed by the President of the Senate. The group shall 15 begin its meetings by July 1, 2001, and complete its meetings 16 by November 15, 2001. Recommendations for suggested 17 legislation shall be delivered to the Speaker of the House of 18 Representatives and the President of the Senate by December 19 15, 2001. At its first meeting, the group shall elect a chair 20 from among its members. 21 Section 10. This act shall take effect July 1, 2001. 22 23 24 ================ T I T L E A M E N D M E N T =============== 25 And the title is amended as follows: 26 remove from the title of the bill: the entire title 27 28 and insert in lieu thereof: 29 An act relating to health insurance; amending 30 s. 627.410, F.S.; exempting group health 31 insurance policies insuring groups of a certain 18 File original & 9 copies 04/27/01 hci0001 12:24 pm 01210-0050-843101
HOUSE AMENDMENT Bill No. CS for SB 1210, 1st Eng. Amendment No. ___ (for drafter's use only) 1 size from rate filing requirements; providing 2 alternative rate filing requirements for 3 insurers with less than a specified number of 4 nationwide policyholders or members; amending 5 s. 627.411, F.S.; revising the grounds for the 6 disapproval of insurance policy forms; 7 providing that a health insurance policy form 8 may be disapproved if it results in certain 9 rate increases; specifying allowable new 10 business rates and renewal rates if rate 11 increases exceed certain levels; authorizing 12 the Department of Insurance to determine 13 medical trend for purposes of approving rate 14 filings; amending s. 627.6515, F.S.; providing 15 additional experience requirements and 16 limitations for out-of-state groups; providing 17 construction; amending s. 627.6699, F.S.; 18 revising definitions; allowing carriers to 19 separate the experience of small employer 20 groups with fewer than two employees; revising 21 the rating factors that may be used by small 22 employer carriers; amending s. 627.9408, F.S.; 23 authorizing the department to adopt by rule 24 certain provisions of the Long-Term Care 25 Insurance Model Regulation, as adopted by the 26 National Association of Insurance 27 Commissioners; amending s. 641.31, F.S.; 28 exempting contracts of group health maintenance 29 organizations covering a specified number of 30 persons from the requirements of filing with 31 the department; providing alternative rate 19 File original & 9 copies 04/27/01 hci0001 12:24 pm 01210-0050-843101
HOUSE AMENDMENT Bill No. CS for SB 1210, 1st Eng. Amendment No. ___ (for drafter's use only) 1 filing requirements for organizations with less 2 than a specified number of subscribers; 3 amending s. 641.3155, F.S.; specifying 4 nonapplication of certain provisions to certain 5 claims; providing for certain health flex 6 plans; providing legislative intent; providing 7 definitions; providing for a pilot program for 8 health flex plans for certain uninsured 9 persons; providing criteria; exempting approved 10 health flex plans from certain licensing 11 requirements; providing criteria for 12 eligibility to enroll in a health flex plan; 13 requiring health flex plan providers to 14 maintain certain records; providing 15 requirements for denial, nonrenewal, or 16 cancellation of coverage; specifying that 17 coverage under an approved health flex plan is 18 not an entitlement; providing for civil actions 19 against health plan entities by the Agency for 20 Health Care Administration under certain 21 circumstances; providing legislative findings; 22 creating the Workgroup on Out of State Group 23 Policies; providing for membership; providing 24 purposes; requiring recommendations for 25 proposed legislation; providing an effective 26 date. 27 28 29 30 31 20 File original & 9 copies 04/27/01 hci0001 12:24 pm 01210-0050-843101