SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
                            CHAMBER ACTION
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11  Senator Latvala moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17  
18         WHEREAS, the Legislature recognizes that the increasing
19  number of uninsured Floridians is due in part to small
20  employers' and their employees' inability to afford
21  comprehensive health insurance coverage, and
22         WHEREAS, the Legislature recognizes the need for small
23  employers and their employees to have the opportunity to
24  choose more affordable and flexible health insurance plans,
25  and
26         WHEREAS, it is the intent of the Legislature that
27  insurers and health maintenance organizations have maximum
28  flexibility in health plan design or in developing a health
29  plan design to complement a medical savings account program
30  established by a small employer for the benefit of its
31  employees, NOW, THEREFORE,
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  Be It Enacted by the Legislature of the State of Florida:
 2  
 3         Section 1.  Health flex plans.--
 4         (1)  INTENT.--The Legislature finds that a significant
 5  portion of state residents are not able to obtain affordable
 6  health insurance coverage. Therefore, it is the intent of the
 7  Legislature to expand the availability of health care options
 8  for lower-income uninsured state residents by encouraging
 9  health insurers, health maintenance organizations, health care
10  provider-sponsored organizations, local governments, health
11  care districts, and other public or private community-based
12  organizations to develop alternative approaches to traditional
13  health insurance which emphasize coverage for basic and
14  preventive health care services. To the maximum extent
15  possible, these options should be coordinated with existing
16  governmental or community-based health services programs in a
17  manner that is consistent with the objectives and requirements
18  of such programs.
19         (2)  DEFINITIONS.--As used in this section, the term:
20         (a)  "Agency" means the Agency for Health Care
21  Administration.
22         (b)  "Approved plan" means a health flex plan approved
23  under subsection (3) which guarantees payment by the health
24  plan entity for specified health care services provided to the
25  enrollee.
26         (c)  "Enrollee" means an individual who has been
27  determined eligible for and is receiving health benefits under
28  a health flex plan approved under this section.
29         (d)  "Health care coverage" means payment for health
30  care services covered as benefits under an approved plan or
31  which otherwise provides, either directly or through
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  arrangements with other persons, covered health care services
 2  on a prepaid per capita basis or on a prepaid aggregate
 3  fixed-sum basis.
 4         (e)  "Health plan entity" means a health insurer,
 5  health maintenance organization, health care
 6  provider-sponsored organization, local government, health care
 7  district, or other public or private community-based
 8  organization that develops and implements an approved plan and
 9  is responsible for financing and paying all claims by
10  enrollees of the plan.
11         (3)  PILOT PROGRAM.--The agency and the Department of
12  Insurance shall jointly approve or disapprove health flex
13  plans that provide health care coverage for eligible
14  participants residing in the three areas of the state having
15  the highest number of uninsured residents as determined by the
16  agency. A plan may limit or exclude benefits otherwise
17  required by law for insurers offering coverage in this state,
18  cap the total amount of claims paid in 1 year per enrollee, or
19  limit the number of enrollees covered. The agency and the
20  Department of Insurance shall not approve, or shall withdraw
21  approval of, plans that:
22         (a)  Contain any ambiguous, inconsistent, or misleading
23  provisions or any exceptions or conditions that deceptively
24  affect or limit the benefits purported to be assumed in the
25  general coverage provided by the plan;
26         (b)  Provide benefits that are unreasonable in relation
27  to the premium charged, contain provisions that are unfair or
28  inequitable or contrary to the public policy of this state,
29  that encourage misrepresentation, or that result in unfair
30  discrimination in sales practices; or
31         (c)  Cannot demonstrate that the plan is financially
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  sound and that the applicant has the ability to underwrite or
 2  finance the benefits provided.
 3         (4)  LICENSE NOT REQUIRED.--A health flex plan approved
 4  under this section is not subject to the licensing
 5  requirements of the Florida Insurance Code or chapter 641,
 6  Florida Statutes, relating to health maintenance
 7  organizations, unless expressly made applicable. However, for
 8  the purposes of prohibiting unfair trade practices, health
 9  flex plans shall be considered insurance subject to the
10  applicable provisions of part IX of chapter 626, Florida
11  Statutes, except as otherwise provided in this section.
12         (5)  ELIGIBILITY.--Eligibility to enroll in an approved
13  health flex plan is limited to Florida residents who:
14         (a)  Are 64 years of age or younger;
15         (b)  Have a family income equal to or less than 200
16  percent of the federal poverty level;
17         (c)  Are not covered by a private insurance policy and
18  are not eligible for coverage through a public health
19  insurance program such as Medicare or Medicaid or another
20  public health care program, including, but not limited to,
21  KidCare; and have not been covered at any time during the
22  preceding 6 months; and
23         (d)  Have applied for health care benefits through an
24  approved health flex plan and agree to make any payments
25  required for participation, including, but not limited to,
26  periodic payments or payments due at the time health care
27  services are provided.
28         (6)  RECORDS.--Every health plan entity shall maintain
29  reasonable records of its loss, expense, and claims experience
30  and shall make such records reasonably available to enable the
31  agency and the Department of Insurance to monitor and
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  determine the financial viability of the plan, as necessary.
 2         (7)  NOTICE.--The denial of coverage by the health plan
 3  entity, or nonrenewal or cancellation of coverage, must be
 4  accompanied by the specific reasons for denial, nonrenewal, or
 5  cancellation. Notice of nonrenewal or cancellation shall be
 6  provided at least 45 days in advance of such nonrenewal or
 7  cancellation, except that 10 days' written notice shall be
 8  given for cancellation due to nonpayment of premiums. If the
 9  health plan entity fails to give the required notice, the plan
10  shall remain in effect until notice is appropriately given.
11         (8)  NONENTITLEMENT.--Coverage under an approved health
12  flex plan is not an entitlement, and no cause of action shall
13  arise against the state, a local government entity or other
14  political subdivision of this state, or the agency for failure
15  to make coverage available to eligible persons under this
16  section.
17         (9)  CIVIL ACTIONS.--In addition to an administrative
18  action initiated under subsection (4), the agency may seek any
19  remedy provided by law, including, but not limited to, the
20  remedies provided in section 812.035, Florida Statutes, if the
21  agency finds that a health plan entity has engaged in any act
22  resulting in injury to an enrollee covered by a plan approved
23  under this section.
24         Section 2.  Subsection (1) and paragraph (a) of
25  subsection (6) of section 627.410, Florida Statutes, are
26  amended, paragraph (f) and (g) are added to subsection (6) of
27  that section, and paragraph (f) is added to subsection (7) of
28  that section, to read:
29         627.410  Filing, approval of forms.--
30         (1)  No basic insurance policy or annuity contract
31  form, or application form where written application is
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  required and is to be made a part of the policy or contract,
 2  or group certificates issued under a master contract delivered
 3  in this state, or printed rider or endorsement form or form of
 4  renewal certificate, shall be delivered or issued for delivery
 5  in this state, unless the form has been filed with the
 6  department at its offices in Tallahassee by or in behalf of
 7  the insurer which proposes to use such form and has been
 8  approved by the department. This provision does not apply to
 9  surety bonds or to policies, riders, endorsements, or forms of
10  unique character which are designed for and used with relation
11  to insurance upon a particular subject (other than as to
12  health insurance), or which relate to the manner of
13  distribution of benefits or to the reservation of rights and
14  benefits under life or health insurance policies and are used
15  at the request of the individual policyholder, contract
16  holder, or certificateholder.  As to group insurance policies
17  effectuated and delivered outside this state but covering
18  persons resident in this state, the group certificates to be
19  delivered or issued for delivery in this state shall be filed
20  with the department for information purposes only, except that
21  group certificates for health insurance coverage, as described
22  in s. 627.6561(5)(a)2., which require individual underwriting
23  to determine coverage eligibility for an individual or premium
24  rates to be charged to an individual, shall be considered
25  policies issued on an individual basis and are subject to and
26  must comply with the Florida Insurance Code in the same manner
27  as individual health insurance policies issued in this state.
28         (6)(a)  An insurer shall not deliver or issue for
29  delivery or renew in this state any health insurance policy
30  form until it has filed with the department a copy of every
31  applicable rating manual, rating schedule, change in rating
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  manual, and change in rating schedule; if rating manuals and
 2  rating schedules are not applicable, the insurer must file
 3  with the department applicable premium rates and any change in
 4  applicable premium rates. Changes in rates, rating manuals,
 5  and rating schedules for individual health insurance policies
 6  shall be filed for approval pursuant to this paragraph. Prior
 7  approval shall not be required for an individual health
 8  insurance policy rate filing which complies with the
 9  requirements of paragraph (6)(f). Nothing in this paragraph
10  shall be construed to interfere with the department's
11  authority to investigate suspected violations of this section
12  or to take necessary corrective action where a violation can
13  be demonstrated. Nothing in this paragraph shall prevent an
14  insurer from filing rates or rate changes for approval or from
15  deeming rate changes approved pursuant to an approved loss
16  ratio guarantee pursuant to subsection (8). This paragraph
17  does not apply to group health insurance policies, effectuated
18  and delivered in this state, insuring groups of 51 or more
19  persons, except for Medicare supplement insurance, long-term
20  care insurance, and any coverage under which the increase in
21  claim costs over the lifetime of the contract due to advancing
22  age or duration is prefunded in the premium.
23         (f)  An insurer that files changes in rates, rating
24  manuals or rating schedules, with the department, for
25  individual health policies as described in s.
26  627.6561(5)(a)2., but excluding Medicare supplement policies,
27  according to this paragraph may begin providing required
28  notice to policyholders, and charging corresponding adjusted
29  rates in accordance with s. 627.6043, upon filing provided the
30  insurer certifies that it has met the requirements of
31  subparagraphs 1. through 3. of this paragraph. Filings
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  submitted pursuant to this paragraph shall contain the same
 2  information and demonstrations and shall meet the same
 3  requirements as rate filings submitted for approval under this
 4  section, including the requirements of s. 627.411, except as
 5  indicated in this paragraph.
 6         1.  The insurer has complied with annual rate filing
 7  requirements then in effect pursuant to subsection (7) since
 8  the effective date of this paragraph or for the previous 2
 9  years, whichever is less and has filed and implemented
10  actuarially justifiable rate adjustments at least annually
11  during this period. Nothing in this section shall be construed
12  to prevent an insurer from filing rate adjustments more often
13  than annually.
14         2.  The insurer has pooled experience for applicable
15  individual health policy forms in accordance with the
16  requirements of subparagraph (6)(e)3. Rate changes used on a
17  form shall not vary by the experience of that form or the
18  health status of covered individuals on that form but must be
19  based on the experience of all forms including rating
20  characteristics as defined in subparagraph 4.
21         3.  Rates for the policy form are anticipated to meet a
22  minimum loss ratio of 65 percent over the expected life of the
23  form.
24         4.  Rates for all individual health policy forms issued
25  on or after July 1, 2001, shall utilize the same factors for
26  each rating characteristic.
27  
28  As used in this paragraph, the term "rating characteristics"
29  means demographic characteristics of individuals, including,
30  but not limited to, geographic area factors, benefit design,
31  smoking status, and health status at issue.
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1         (g)  Subsequent to filing a change of rates for an
 2  individual health policy pursuant to paragraph (f), an insurer
 3  may be required to furnish additional information to
 4  demonstrate compliance with this section. If the department
 5  finds that the adjusted rates are not reasonable in relation
 6  to premiums charged pursuant to the standards of this section,
 7  the department may order appropriate corrective action.
 8         (7)
 9         (f)  Insurers with fewer than 1,000 nationwide
10  policyholders or insured group members or subscribers covered
11  under any form or pooled group of forms with health insurance
12  coverage, as described in s. 627.6561(5)(a)2., excluding
13  Medicare supplement insurance coverage under part VIII, at the
14  time of a rate filing made pursuant to subparagraph (b)1., may
15  file for an annual rate increase limited to medical trend as
16  adopted by the department pursuant to s. 627.411(4). The
17  filing is in lieu of the actuarial memorandum required for a
18  rate filing prescribed by paragraph (6)(b). The filing must
19  include forms adopted by the department and a certification by
20  an officer of the company that the filing includes all similar
21  forms.
22         Section 3.  Subsection (9) is added to section
23  627.6515, Florida Statutes, to read:
24         627.6515  Out-of-state groups.--
25         (9)  Notwithstanding any other provision of this
26  section, any group health insurance policy or group
27  certificate for health insurance, as described in s.
28  627.6561(5)(a)2., which is issued to a resident of this state
29  and requires individual underwriting to determine coverage
30  eligibility for an individual or premium rates to be charged
31  to an individual shall be considered a policy issued on an
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  individual basis and is subject to and must comply with the
 2  Florida Insurance Code in the same manner as individual
 3  insurance policies issued in this state.
 4         Section 4.  Section 627.411, Florida Statutes, is
 5  amended to read:
 6         627.411  Grounds for disapproval.--
 7         (1)  The department shall disapprove any form filed
 8  under s. 627.410, or withdraw any previous approval thereof,
 9  only if the form:
10         (a)  Is in any respect in violation of, or does not
11  comply with, this code.
12         (b)  Contains or incorporates by reference, where such
13  incorporation is otherwise permissible, any inconsistent,
14  ambiguous, or misleading clauses, or exceptions and conditions
15  which deceptively affect the risk purported to be assumed in
16  the general coverage of the contract.
17         (c)  Has any title, heading, or other indication of its
18  provisions which is misleading.
19         (d)  Is printed or otherwise reproduced in such manner
20  as to render any material provision of the form substantially
21  illegible.
22         (e)  Is for health insurance, and:
23         1.  Provides benefits that which are unreasonable in
24  relation to the premium charged;,
25         2.  Contains provisions that which are unfair or
26  inequitable or contrary to the public policy of this state or
27  that which encourage misrepresentation;, or
28         3.  Contains provisions that which apply rating
29  practices that which result in premium escalations that are
30  not viable for the policyholder market or result in unfair
31  discrimination pursuant to s. 626.9541(1)(g)2.; in sales
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  practices.
 2         4.  Results in actuarially justified rate increases on
 3  an annual basis:
 4         a.  Attributed to the insurer reducing the portion of
 5  the premium used to pay claims from the loss ratio standard
 6  certified in the last actuarial certification filed by the
 7  insurer, in excess of the greater of 50 percent of annual
 8  medical trend or 5 percent. At its option, the insurer may
 9  file for approval of an actuarially justified new business
10  rate schedule for new insureds and a rate increase for
11  existing insureds that is equal to the greater of 150 percent
12  of annual medical trend or 10 percent. Future annual rate
13  increases for existing insureds shall be limited to the
14  greater of 150 percent of the rate increase approved for new
15  insureds or 10 percent until the two rate schedules converge;
16         b.  In excess of the greater of 150 percent of annual
17  medical trend or 10 percent and the company did not comply
18  with the annual filing requirements of s. 627.410(7) or
19  department rule for health maintenance organizations pursuant
20  to s. 641.31. At its option the insurer may file for approval
21  of an actuarially justified new business rate schedule for new
22  insureds and a rate increase for existing insureds that is
23  equal to the rate increase allowed by the preceding sentence.
24  Future annual rate increases for existing insureds shall be
25  limited to the greater of 150 percent of the rate increase
26  approved for new insureds or 10 percent until the two rate
27  schedules converge; or
28         c.  In excess of the greater of 150 percent of annual
29  medical trend or 10 percent on a form or block of pooled forms
30  in which no form is currently available for sale. This
31  provision does not apply to pre-standardized Medicare
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  supplement forms.
 2         (f)  Excludes coverage for human immunodeficiency virus
 3  infection or acquired immune deficiency syndrome or contains
 4  limitations in the benefits payable, or in the terms or
 5  conditions of such contract, for human immunodeficiency virus
 6  infection or acquired immune deficiency syndrome which are
 7  different than those which apply to any other sickness or
 8  medical condition.
 9         (2)  In determining whether the benefits are reasonable
10  in relation to the premium charged, the department, in
11  accordance with reasonable actuarial techniques, shall
12  consider:
13         (a)  Past loss experience and prospective loss
14  experience within and without this state.
15         (b)  Allocation of expenses.
16         (c)  Risk and contingency margins, along with
17  justification of such margins.
18         (d)  Acquisition costs.
19         (3)  If a health insurance rate filing changes the
20  established rate relationships between insureds, the aggregate
21  effect of such change shall be revenue-neutral. The change to
22  the new relationship shall be phased-in over a period not to
23  exceed 3 years as approved by the department. The rate filing
24  may also include increases based on overall experience or
25  annual medical trend, or both, which portions shall not be
26  phased-in pursuant to this paragraph.
27         (4)  Individual health insurance policies which are
28  subject to renewability requirements of s. 627.6425 shall be
29  deemed guaranteed renewable for purposes of establishing loss
30  ratio standards and shall comply with the same loss ratio
31  standards as other guaranteed renewable forms.
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1         (5)  In determining medical trend for application of
 2  subparagraph (1)(e)4., the department shall semiannually
 3  determine medical trend for each health care market, using
 4  reasonable actuarial techniques and standards. The trend must
 5  be adopted by the department by rule and determined as
 6  follows:
 7         (a)  Trend must be determined separately for medical
 8  expense; preferred provider organization; Medicare supplement;
 9  health maintenance organization; and other coverage for
10  individual, small group, and large group, where applicable.
11         (b)  The department shall survey insurers and health
12  maintenance organizations currently issuing products and
13  representing at least an 80-percent market share based on
14  premiums earned in the state for the most recent calendar year
15  for each of the categories specified in paragraph (a).
16         (c)  Trend must be computed as the average annual
17  medical trend approved for the carriers surveyed, giving
18  appropriate weight to each carrier's statewide market share of
19  earned premiums.
20         (d)  The annual trend is the annual change in claims
21  cost per unit of exposure. Trend includes the combined effect
22  of medical provider price changes, changes in utilization, new
23  medical procedures, and technology and cost shifting.
24         Section 5.  Subsections (4) and (8) of section
25  627.6487, Florida Statutes, are amended to read:
26         627.6487  Guaranteed availability of individual health
27  insurance coverage to eligible individuals.--
28         (4)(a)  The health insurance issuer may elect to limit
29  the coverage offered under subsection (1) if the issuer offers
30  at least two different policy forms of health insurance
31  coverage, both of which:
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1         1.  Are designed for, made generally available to,
 2  actively marketed to, and enroll both eligible and other
 3  individuals by the issuer; and
 4         2.  Meet the requirement of paragraph (b).
 5  
 6  For purposes of this subsection, policy forms that have
 7  different cost-sharing arrangements or different riders are
 8  considered to be different policy forms.
 9         (b)  The requirement of this subsection is met for
10  health insurance coverage policy forms offered by an issuer in
11  the individual market if the issuer offers the basic and
12  standard health benefit plans as established pursuant to s.
13  627.6699(12) or policy forms for individual health insurance
14  coverage with the largest, and next to largest, premium volume
15  of all such policy forms offered by the issuer in this state
16  or applicable marketing or service area, as prescribed in
17  rules adopted by the department, in the individual market in
18  the period involved. To the greatest extent possible, such
19  rules must be consistent with regulations adopted by the
20  United States Department of Health and Human Services.
21         (8)  This section does not:
22         (a)  Restrict the issuer from applying the same
23  nondiscriminatory underwriting and rating practices that are
24  applied by the issuer to other individuals applying for
25  coverage amount of the premium rates that an issuer may charge
26  an individual for individual health insurance coverage; or
27         (b)  Prevent a health insurance issuer that offers
28  individual health insurance coverage from establishing premium
29  discounts or rebates or modifying otherwise applicable
30  copayments or deductibles in return for adherence to programs
31  of health promotion and disease prevention.
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1         Section 6.  Subsection (12) of section 627.6482,
 2  Florida Statutes, is amended, and subsections (15) and (16)
 3  are added to that section, to read:
 4         627.6482  Definitions.--As used in ss.
 5  627.648-627.6498, the term:
 6         (12)  "Premium" means the entire cost of an insurance
 7  plan, including the administrative fee, the risk assumption
 8  charge, and, in the instance of a minimum premium plan or
 9  stop-loss coverage, the incurred claims whether or not such
10  claims are paid directly by the insurer.  "Premium" shall not
11  include a health maintenance organization's annual earned
12  premium revenue for Medicare and Medicaid contracts for any
13  assessment due for calendar years 1990 and 1991.  For
14  assessments due for calendar year 1992 and subsequent years, A
15  health maintenance organization's annual earned premium
16  revenue for Medicare and Medicaid contracts is subject to
17  assessments unless the department determines that the health
18  maintenance organization has made a reasonable effort to amend
19  its Medicare or Medicaid government contract for 1992 and
20  subsequent years to provide reimbursement for any assessment
21  on Medicare or Medicaid premiums paid by the health
22  maintenance organization and the contract does not provide for
23  such reimbursement.
24         (15)  "Federal poverty level" means the most current
25  federal poverty guidelines, as established by the federal
26  Department of Health and Human Services and published in the
27  Federal Register, and in effect on the date of the policy and
28  its annual renewal.
29         (16)  "Family income" means the adjusted gross income,
30  as defined in s. 62 of the United States Internal Revenue
31  Code, of all members of a household.
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1         Section 7.  Section 627.6486, Florida Statutes, is
 2  amended to read:
 3         627.6486  Eligibility.--
 4         (1)  Except as provided in subsection (2), any person
 5  who is a resident of this state and has been a resident of
 6  this state for the previous 6 months is shall be eligible for
 7  coverage under the plan, including:
 8         (a)  The insured's spouse.
 9         (b)  Any dependent unmarried child of the insured, from
10  the moment of birth.  Subject to the provisions of ss. s.
11  627.6041 and 627.6562, such coverage shall terminate at the
12  end of the premium period in which the child marries, ceases
13  to be a dependent of the insured, or attains the age of 19,
14  whichever occurs first. However, if the child is a full-time
15  student at an accredited institution of higher learning, the
16  coverage may continue while the child remains unmarried and a
17  full-time student, but not beyond the premium period in which
18  the child reaches age 23.
19         (c)  The former spouse of the insured whose coverage
20  would otherwise terminate because of annulment or dissolution
21  of marriage, if the former spouse is dependent upon the
22  insured for financial support. The former spouse shall have
23  continued coverage and shall not be subject to waiting periods
24  because of the change in policyholder status.
25         (2)(a)  The board or administrator shall require
26  verification of residency for the preceding 6 months and shall
27  require any additional information or documentation, or
28  statements under oath, when necessary to determine residency
29  upon initial application and for the entire term of the
30  policy. A person may demonstrate his or her residency by
31  maintaining his or her residence in this state for the
                                  16
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  preceding 6 months, purchasing a home that has been occupied
 2  by him or her as his or her primary residence for the previous
 3  6 months, or having established a domicile in this state
 4  pursuant to s. 222.17 for the preceding 6 months.
 5         (b)  No person who is currently eligible for health
 6  care benefits under Florida's Medicaid program is eligible for
 7  coverage under the plan unless:
 8         1.  He or she has an illness or disease which requires
 9  supplies or medication which are covered by the association
10  but are not included in the benefits provided under Florida's
11  Medicaid program in any form or manner; and
12         2.  He or she is not receiving health care benefits or
13  coverage under Florida's Medicaid program.
14         (c)  No person who is covered under the plan and
15  terminates the coverage is again eligible for coverage.
16         (d)  No person on whose behalf the plan has paid out
17  the lifetime maximum benefit currently being offered by the
18  association of $500,000 in covered benefits is eligible for
19  coverage under the plan.
20         (e)  The coverage of any person who ceases to meet the
21  eligibility requirements of this section may be terminated
22  immediately.  If such person again becomes eligible for
23  subsequent coverage under the plan, any previous claims
24  payments shall be applied towards the $500,000 lifetime
25  maximum benefit and any limitation relating to preexisting
26  conditions in effect at the time such person again becomes
27  eligible shall apply to such person. However, no such person
28  may again become eligible for coverage after June 30, 1991.
29         (f)  No person is eligible for coverage under the plan
30  unless such person has been rejected by two insurers for
31  coverage substantially similar to the plan coverage and no
                                  17
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  insurer has been found through the market assistance plan
 2  pursuant to s. 627.6484 that is willing to accept the
 3  application.  As used in this paragraph, "rejection" includes
 4  an offer of coverage with a material underwriting restriction
 5  or an offer of coverage at a rate greater than the association
 6  plan rate.
 7         (g)  No person is eligible for coverage under the plan
 8  if such person has, or is eligible for, on the date of issue
 9  of coverage under the plan, substantially similar coverage
10  under another contract or policy, unless such coverage is
11  provided pursuant to the Consolidated Omnibus Budget
12  Reconciliation Act of 1985, Pub. L. No. 99-272, 100 Stat. 82
13  (1986) (COBRA), as amended, or such coverage is provided
14  pursuant to s. 627.6692 and such coverage is scheduled to end
15  at a time certain and the person meets all other requirements
16  of eligibility. Coverage provided by the association shall be
17  secondary to any coverage provided by an insurer pursuant to
18  COBRA or pursuant to s. 627.6692.
19         (h)  A person is ineligible for coverage under the plan
20  if such person is currently eligible for health care benefits
21  under the Medicare program, except for a person who is insured
22  by the Florida Comprehensive Health Association and enrolled
23  under Medicare on July 1, 2001. All eligible persons who are
24  classified as high-risk individuals pursuant to s.
25  627.6498(4)(a)4. shall, upon application or renewal, agree to
26  be placed in a case management system when it is determined by
27  the board and the plan case manager that such system will be
28  cost-effective and provide quality care to the individual.
29         (i)  A person is ineligible for coverage under the plan
30  if such person's premiums are paid for or reimbursed under any
31  government-sponsored program or by any government agency or
                                  18
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  health care provider.
 2         (j)  An eligible individual, as defined in s. 627.6487,
 3  and his or her dependents, as described in subsection (1), are
 4  automatically eligible for coverage in the association unless
 5  the association has ceased accepting new enrollees under s.
 6  627.6488. If the association has ceased accepting new
 7  enrollees, the eligible individual is subject to the coverage
 8  rights set forth in s. 627.6487.
 9         (3)  A person's coverage ceases:
10         (a)  On the date a person is no longer a resident of
11  this state;
12         (b)  On the date a person requests coverage to end;
13         (c)  Upon the date of death of the covered person;
14         (d)  On the date state law requires cancellation of the
15  policy; or
16         (e)  Sixty days after the person receives notice from
17  the association making any inquiry concerning the person's
18  eligibility or place or residence to which the person does not
19  reply.
20         (4)  All eligible persons must, upon application or
21  renewal, agree to be placed in a case-management system when
22  the association and case manager find that such system will be
23  cost-effective and provide quality care to the individual.
24         (5)  Except for persons who are insured by the
25  association on December 31, 2001, and who renew such coverage,
26  persons may apply for coverage beginning January 1, 2002, and
27  coverage for such persons shall begin on or after April 1,
28  2002, as determined by the board pursuant to s.
29  627.6488(4)(n).
30         Section 8.  Subsection (3) of section 627.6487, Florida
31  Statutes, is amended to read:
                                  19
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1         627.6487  Guaranteed availability of individual health
 2  insurance coverage to eligible individuals.--
 3         (3)  For the purposes of this section, the term
 4  "eligible individual" means an individual:
 5         (a)1.  For whom, as of the date on which the individual
 6  seeks coverage under this section, the aggregate of the
 7  periods of creditable coverage, as defined in s. 627.6561(5)
 8  and (6), is 18 or more months; and
 9         2.a.  Whose most recent prior creditable coverage was
10  under a group health plan, governmental plan, or church plan,
11  or health insurance coverage offered in connection with any
12  such plan; or
13         b.  Whose most recent prior creditable coverage was
14  under an individual plan issued in this state by a health
15  insurer or health maintenance organization, which coverage is
16  terminated due to the insurer or health maintenance
17  organization becoming insolvent or discontinuing the offering
18  of all individual coverage in the State of Florida, or due to
19  the insured no longer living in the service area in the State
20  of Florida of the insurer or health maintenance organization
21  that provides coverage through a network plan in the State of
22  Florida;
23         (b)  Who is not eligible for coverage under:
24         1.  A group health plan, as defined in s. 2791 of the
25  Public Health Service Act;
26         2.  A conversion policy or contract issued by an
27  authorized insurer or health maintenance organization under s.
28  627.6675 or s. 641.3921, respectively, offered to an
29  individual who is no longer eligible for coverage under either
30  an insured or self-insured employer plan;
31         3.  Part A or part B of Title XVIII of the Social
                                  20
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  Security Act; or
 2         4.  A state plan under Title XIX of such act, or any
 3  successor program, and does not have other health insurance
 4  coverage; or
 5         5.  The Florida Comprehensive Health Association, if
 6  the association is accepting and issuing coverage to new
 7  enrollees, provided that the 63-day period specified in s.
 8  627.6561(6) shall be tolled from the time the association
 9  receives an application from an individual until the
10  association notifies the individual that it is not accepting
11  and issuing coverage to that individual;
12         (c)  With respect to whom the most recent coverage
13  within the coverage period described in paragraph (a) was not
14  terminated based on a factor described in s. 627.6571(2)(a) or
15  (b), relating to nonpayment of premiums or fraud, unless such
16  nonpayment of premiums or fraud was due to acts of an employer
17  or person other than the individual;
18         (d)  Who, having been offered the option of
19  continuation coverage under a COBRA continuation provision or
20  under s. 627.6692, elected such coverage; and
21         (e)  Who, if the individual elected such continuation
22  provision, has exhausted such continuation coverage under such
23  provision or program.
24         Section 9.  Section 627.6488, Florida Statutes, is
25  amended to read:
26         627.6488  Florida Comprehensive Health Association.--
27         (1)  There is created a nonprofit legal entity to be
28  known as the "Florida Comprehensive Health Association."  All
29  insurers, as a condition of doing business, shall be members
30  of the association.
31         (2)(a)  The association shall operate subject to the
                                  21
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  supervision and approval of a five-member three-member board
 2  of directors consisting of the Insurance Commissioner, or his
 3  or her designee, who shall serve as chairperson of the board,
 4  and four additional members who must be state residents. At
 5  least one member must be a representative of an authorized
 6  health insurer or health maintenance organization authorized
 7  to transact business in this state. The board of directors
 8  shall be appointed by the Insurance Commissioner as follows:
 9         1.  The chair of the board shall be the Insurance
10  Commissioner or his or her designee.
11         2.  One representative of policyholders who is not
12  associated with the medical profession, a hospital, or an
13  insurer.
14         3.  One representative of insurers.
15  
16  The administrator or his or her affiliate shall not be a
17  member of the board. Any board member appointed by the
18  commissioner may be removed and replaced by him or her at any
19  time without cause.
20         (b)  All board members, including the chair, shall be
21  appointed to serve for staggered 3-year terms beginning on a
22  date as established in the plan of operation.
23         (c)  The board of directors may shall have the power to
24  employ or retain such persons as are necessary to perform the
25  administrative and financial transactions and responsibilities
26  of the association and to perform other necessary and proper
27  functions not prohibited by law. Employees of the association
28  shall be reimbursed as provided in s. 112.061 from moneys of
29  the association for expenses incurred in carrying out their
30  responsibilities under this act.
31         (d)  Board members may be reimbursed as provided in s.
                                  22
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  112.061 from moneys of the association for actual and
 2  necessary expenses incurred by them as members in carrying out
 3  their responsibilities under the Florida Comprehensive Health
 4  Association Act, but may not otherwise be compensated for
 5  their services.
 6         (e)  There shall be no liability on the part of, and no
 7  cause of action of any nature shall arise against, any member
 8  insurer, or its agents or employees, agents or employees of
 9  the association, members of the board of directors of the
10  association, or the departmental representatives for any act
11  or omission taken by them in the performance of their powers
12  and duties under this act, unless such act or omission by such
13  person is in intentional disregard of the rights of the
14  claimant.
15         (f)  Meetings of the board are subject to s. 286.011.
16         (3)  The association shall adopt a plan pursuant to
17  this act and submit its articles, bylaws, and operating rules
18  to the department for approval.  If the association fails to
19  adopt such plan and suitable articles, bylaws, and operating
20  rules within 180 days after the appointment of the board, the
21  department shall adopt rules to effectuate the provisions of
22  this act; and such rules shall remain in effect until
23  superseded by a plan and articles, bylaws, and operating rules
24  submitted by the association and approved by the department.
25  Such plan shall be reviewed, revised as necessary, and
26  annually submitted to the department for approval.
27         (4)  The association shall:
28         (a)  Establish administrative and accounting procedures
29  and internal controls for the operation of the association and
30  provide for an annual financial audit of the association by an
31  independent certified public accountant licensed pursuant to
                                  23
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  chapter 473.
 2         (b)  Establish procedures under which applicants and
 3  participants in the plan may have grievances reviewed by an
 4  impartial body and reported to the board. Individuals
 5  receiving care through the association under contract from a
 6  health maintenance organization must follow the grievance
 7  procedures established in ss. 408.7056 and 641.31(5).
 8         (c)  Select an administrator in accordance with s.
 9  627.649.
10         (d)  Collect assessments from all insurers to provide
11  for operating losses incurred or estimated to be incurred
12  during the period for which the assessment is made.  The level
13  of payments shall be established by the board, as formulated
14  in s. 627.6492(1). Annual assessment of the insurers for each
15  calendar year shall occur as soon thereafter as the operating
16  results of the plan for the calendar year and the earned
17  premiums of insurers being assessed for that year are known.
18  Annual assessments are due and payable within 30 days of
19  receipt of the assessment notice by the insurer.
20         (e)  Require that all policy forms issued by the
21  association conform to standard forms developed by the
22  association. The forms shall be approved by the department.
23         (f)  Develop and implement a program to publicize the
24  existence of the plan, the eligibility requirements for the
25  plan, and the procedures for enrollment in the plan and to
26  maintain public awareness of the plan.
27         (g)  Design and employ cost containment measures and
28  requirements which may include preadmission certification,
29  home health care, hospice care, negotiated purchase of medical
30  and pharmaceutical supplies, and individual case management.
31         (h)  Contract with preferred provider organizations and
                                  24
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  health maintenance organizations giving due consideration to
 2  the preferred provider organizations and health maintenance
 3  organizations which have contracted with the state group
 4  health insurance program pursuant to s. 110.123.  If
 5  cost-effective and available in the county where the
 6  policyholder resides, the board, upon application or renewal
 7  of a policy, shall place a high-risk individual, as
 8  established under s. 627.6498(4)(a)4., with the plan case
 9  manager who shall determine the most cost-effective quality
10  care system or health care provider and shall place the
11  individual in such system or with such health care provider.
12  If cost-effective and available in the county where the
13  policyholder resides, the board, with the consent of the
14  policyholder, may place a low-risk or medium-risk individual,
15  as established under s. 627.6498(4)(a)4., with the plan case
16  manager who may determine the most cost-effective quality care
17  system or health care provider and shall place the individual
18  in such system or with such health care provider. Prior to and
19  during the implementation of case management, the plan case
20  manager shall obtain input from the policyholder, parent, or
21  guardian.
22         (h)(i)  Make a report to the Governor, the President of
23  the Senate, the Speaker of the House of Representatives, and
24  the Minority Leaders of the Senate and the House of
25  Representatives not later than March 1 October 1 of each year.
26  The report shall summarize the activities of the plan for the
27  prior fiscal 12-month period ending July 1 of that year,
28  including then-current data and estimates as to net written
29  and earned premiums, the expense of administration, and the
30  paid and incurred losses for the year.  The report shall also
31  include analysis and recommendations for legislative changes
                                  25
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  regarding utilization review, quality assurance, an evaluation
 2  of the administrator of the plan, access to cost-effective
 3  health care, and cost containment/case management policy and
 4  recommendations concerning the opening of enrollment to new
 5  entrants as of July 1, 1992.
 6         (i)(j)  Make a report to the Governor, the Insurance
 7  Commissioner, the President of the Senate, the Speaker of the
 8  House of Representatives, and the Minority Leaders of the
 9  Senate and House of Representatives, not later than 45 days
10  after the close of each calendar quarter, which includes, for
11  the prior quarter, current data and estimates of net written
12  and earned premiums, the expenses of administration, and the
13  paid and incurred losses.  The report shall identify any
14  statutorily mandated program that has not been fully
15  implemented by the board.
16         (j)(k)  To facilitate preparation of assessments and
17  for other purposes, the board shall engage an independent
18  certified public account licensed pursuant to chapter 473 to
19  conduct an annual financial audit of the association direct
20  preparation of annual audited financial statements for each
21  calendar year as soon as feasible following the conclusion of
22  that calendar year, and shall, within 30 days after the
23  issuance rendition of such statements, file with the
24  department the annual report containing such information as
25  required by the department to be filed on March 1 of each
26  year.
27         (k)(l)  Employ a plan case manager or managers to
28  supervise and manage the medical care or coordinate the
29  supervision and management of the medical care, with the
30  administrator, of specified individuals.  The plan case
31  manager, with the approval of the board, shall have final
                                  26
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  approval over the case management for any specific individual.
 2  If cost-effective and available in the county where the
 3  policyholder resides, the association, upon application or
 4  renewal of a policy, may place an individual with the plan
 5  case manager, who shall determine the most cost-effective
 6  quality care system or health care provider and shall place
 7  the individual in such system or with such health care
 8  provider. Prior to and during the implementation of case
 9  management, the plan case manager shall obtain input from the
10  policyholder, parent or guardian, and the health care
11  providers.
12         (l)  Administer the association in a fiscally
13  responsible manner that ensures that its expenditures are
14  reasonable in relation to the services provided and that the
15  financial resources of the association are adequate to meet
16  its obligations.
17         (m)  At least annually, but no more than quarterly,
18  evaluate or cause to be evaluated the actuarial soundness of
19  the association. The association shall contract with an
20  actuary to evaluate the pool of insureds in the association
21  and monitor the financial condition of the association. The
22  actuary shall determine the feasibility of enrolling new
23  members in the association, which must be based on the
24  projected revenues and expenses of the association.
25         (n)  Restrict at any time the number of participants in
26  the association based on a determination by the board that the
27  revenues will be inadequate to fund new participants. However,
28  any person denied participation solely on the basis of such
29  restriction must be granted priority for participation in the
30  succeeding period in which the association is reopened for
31  participants. Effective April 1, 2002, the association may
                                  27
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  provide coverage for up to 500 persons for the period ending
 2  December 31, 2002. On or after January 1, 2003, the
 3  association may enroll an additional 1,500 persons. At no time
 4  may the association provide coverage for more than 2,000
 5  persons. Except as provided in s. 627.6486(2)(j), applications
 6  for enrollment must be processed on a first-in, first-out
 7  basis.
 8         (o)  Establish procedures to maintain separate accounts
 9  and recordkeeping for policyholders prior to January 1, 2002,
10  and policyholders issued coverage on and after January 1,
11  2002.
12         (p)  Appoint an executive director to serve as the
13  chief administrative and operational officer of the
14  association and operate within the specifications of the plan
15  of operation and perform other duties assigned to him or her
16  by the board.
17         (5)  The association may:
18         (a)  Exercise powers granted to insurers under the laws
19  of this state.
20         (b)  Sue or be sued.
21         (c)  In addition to imposing annual assessments under
22  paragraph (4)(d), levy interim assessments against insurers to
23  ensure the financial ability of the plan to cover claims
24  expenses and administrative expenses paid or estimated to be
25  paid in the operation of the plan for a calendar year prior to
26  the association's anticipated receipt of annual assessments
27  for that calendar year.  Any interim assessment shall be due
28  and payable within 30 days after of receipt by an insurer of
29  an interim assessment notice.  Interim assessment payments
30  shall be credited against the insurer's annual assessment.
31  Such assessments may be levied only for costs and expenses
                                  28
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  associated with policyholders insured with the association
 2  prior to January 1, 2002.
 3         (d)  Prepare or contract for a performance audit of the
 4  administrator of the association.
 5         (e)  Appear in its own behalf before boards,
 6  commissions, or other governmental agencies.
 7         (f)  Solicit and accept gifts, grants, loans, and other
 8  aid from any source or participate in any way in any
 9  government program to carry out the purposes of the Florida
10  Comprehensive Health Association Act.
11         (g)  Require and collect administrative fees and
12  charges in connection with any transaction and impose
13  reasonable penalties, including default, for delinquent
14  payments or for entering into the association on a fraudulent
15  basis.
16         (h)  Procure insurance against any loss in connection
17  with the property, assets, and activities of the association
18  or the board.
19         (i)  Contract for necessary goods and services; employ
20  necessary personnel; and engage the services of private
21  consultants, actuaries, managers, legal counsel, and
22  independent certified public accountants for administrative or
23  technical assistance.
24         (6)  The department shall examine and investigate the
25  association in the manner provided in part II of chapter 624.
26         Section 10.  Paragraph (b) of subsection (3) of section
27  627.649, Florida Statutes, is amended to read:
28         627.649  Administrator.--
29         (3)  The administrator shall:
30         (b)  Pay an agent's referral fee as established by the
31  board to each insurance agent who refers an applicant to the
                                  29
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  plan, if the applicant's application is accepted.  The selling
 2  or marketing of plans shall not be limited to the
 3  administrator or its agents. Any agent must be licensed by the
 4  department to sell health insurance in this state. The
 5  referral fees shall be paid by the administrator from moneys
 6  received as premiums for the plan.
 7         Section 11.  Section 627.6492, Florida Statutes, is
 8  amended to read:
 9         627.6492  Participation of insurers.--
10         (1)(a)  As a condition of doing business in this state
11  an insurer shall pay an assessment to the board, in the amount
12  prescribed by this section. Subsections (1), (2), and (3)
13  apply only to the costs and expenses associated with
14  policyholders insured with the association prior to January 1,
15  2002, including renewal of coverage for such policyholders
16  after that date.  For operating losses incurred in any
17  calendar year on July 1, 1991, and thereafter, each insurer
18  shall annually be assessed by the board in the following
19  calendar year a portion of such incurred operating losses of
20  the plan; such portion shall be determined by multiplying such
21  operating losses by a fraction, the numerator of which equals
22  the insurer's earned premium pertaining to direct writings of
23  health insurance in the state during the calendar year
24  preceding that for which the assessment is levied, and the
25  denominator of which equals the total of all such premiums
26  earned by participating insurers in the state during such
27  calendar year.
28         (b)  For operating losses incurred from July 1, 1991,
29  through December 31, 1991, the total of all assessments upon a
30  participating insurer shall not exceed .375 percent of such
31  insurer's health insurance premiums earned in this state
                                  30
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  during 1990. For operating losses incurred in 1992 and
 2  thereafter, The total of all assessments upon a participating
 3  insurer shall not exceed 1 percent of such insurer's health
 4  insurance premium earned in this state during the calendar
 5  year preceding the year for which the assessments were levied.
 6         (c)  For operating losses incurred from October 1,
 7  1990, through June 30, 1991, the board shall assess each
 8  insurer in the amount and manner prescribed by chapter 90-334,
 9  Laws of Florida. The maximum assessment against an insurer, as
10  provided in such act, shall apply separately to the claims
11  incurred in 1990 (October 1 through December 31) and the
12  claims incurred in 1991 (January 1 through June 30).  For
13  operating losses incurred on January 1, 1991, through June 30,
14  1991, the maximum assessment against an insurer shall be
15  one-half of the amount of the maximum assessment specified for
16  such insurer in former s. 627.6492(1)(b), 1990 Supplement, as
17  amended by chapter 90-334, Laws of Florida.
18         (c)(d)  All rights, title, and interest in the
19  assessment funds collected shall vest in this state.  However,
20  all of such funds and interest earned shall be used by the
21  association to pay claims and administrative expenses.
22         (2)  If assessments and other receipts by the
23  association, board, or administrator exceed the actual losses
24  and administrative expenses of the plan, the excess shall be
25  held at interest and used by the board to offset future
26  losses.  As used in this subsection, the term "future losses"
27  includes reserves for claims incurred but not reported.
28         (3)  Each insurer's assessment shall be determined
29  annually by the association based on annual statements and
30  other reports deemed necessary by the association and filed
31  with it by the insurer.  Any deficit incurred under the plan
                                  31
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  shall be recouped by assessments against participating
 2  insurers by the board in the manner provided in subsection
 3  (1); and the insurers may recover the assessment in the normal
 4  course of their respective businesses without time limitation.
 5         (4)(a)  The costs and expenses of the association
 6  related to persons whose coverage begins after January 1,
 7  2002, shall be funded by appropriations provided by law.
 8         Section 12.  Section 627.6498, Florida Statutes, is
 9  amended to read:
10         627.6498  Minimum benefits coverage; exclusions;
11  premiums; deductibles.--
12         (1)  COVERAGE OFFERED.--
13         (a)  The plan shall offer in an annually a semiannually
14  renewable policy the coverage specified in this section for
15  each eligible person. For applications accepted on or after
16  June 7, 1991, but before July 1, 1991, coverage shall be
17  effective on July 1, 1991, and shall be renewable on January
18  1, 1992, and every 6 months thereafter.  Policies in existence
19  on June 7, 1991, shall, upon renewal, be for a term of less
20  than 6 months that terminates and becomes subject to
21  subsequent renewal on the next succeeding January 1 or July 1,
22  whichever is sooner.
23         (b)  If an eligible person is also eligible for
24  Medicare coverage, the plan shall not pay or reimburse any
25  person for expenses paid by Medicare.
26         (c)  Any person whose health insurance coverage is
27  involuntarily terminated for any reason other than nonpayment
28  of premium may apply for coverage under the plan.  If such
29  coverage is applied for within 60 days after the involuntary
30  termination and if premiums are paid for the entire period of
31  coverage, the effective date of the coverage shall be the date
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  of termination of the previous coverage.
 2         (b)(d)  The plan shall provide that, upon the death or
 3  divorce of the individual in whose name the contract was
 4  issued, every other person then covered in the contract may
 5  elect within 60 days to continue under the same or a different
 6  contract.
 7         (c)(e)  No coverage provided to a person who is
 8  eligible for Medicare benefits shall be issued as a Medicare
 9  supplement policy as defined in s. 627.672.
10         (2)  BENEFITS.--
11         (a)  The plan must offer coverage to every eligible
12  person subject to limitations set by the association. The
13  coverage offered must pay an eligible person's covered
14  expenses, subject to limits on the deductible and coinsurance
15  payments authorized under subsection (4). The lifetime
16  benefits limit for such coverage shall be $500,000. However,
17  policyholders of association policies issued prior to 1992 are
18  entitled to continued coverage at the benefit level
19  established prior to January 1, 2002. Only the premium,
20  deductible, and coinsurance amounts may be modified as
21  determined necessary by the board. The plan shall offer major
22  medical expense coverage similar to that provided by the state
23  group health insurance program as defined in s. 110.123 except
24  as specified in subsection (3) to every eligible person who is
25  not eligible for Medicare. Major medical expense coverage
26  offered under the plan shall pay an eligible person's covered
27  expenses, subject to limits on the deductible and coinsurance
28  payments authorized under subsection (4), up to a lifetime
29  limit of $500,000 per covered individual. The maximum limit
30  under this paragraph shall not be altered by the board, and no
31  actuarially equivalent benefit may be substituted by the
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  board.
 2         (b)  The plan shall provide that any policy issued to a
 3  person eligible for Medicare shall be separately rated to
 4  reflect differences in experience reasonably expected to occur
 5  as a result of Medicare payments.
 6         (3)  COVERED EXPENSES.--
 7         (a)  The board shall establish the coverage to be
 8  issued by the association.
 9         (b)  If the coverage is being issued to an eligible
10  individual as defined in s. 627.6487, the individual shall be
11  offered, at the option of the individual, the basic and the
12  standard health benefit plan as established in s. 627.6699.
13  The coverage to be issued by the association shall be
14  patterned after the state group health insurance program as
15  defined in s. 110.123, including its benefits, exclusions, and
16  other limitations, except as otherwise provided in this act.
17  The plan may cover the cost of experimental drugs which have
18  been approved for use by the Food and Drug Administration on
19  an experimental basis if the cost is less than the usual and
20  customary treatment.  Such coverage shall only apply to those
21  insureds who are in the case management system upon the
22  approval of the insured, the case manager, and the board.
23         (4)  PREMIUMS AND, DEDUCTIBLES, AND COINSURANCE.--
24         (a)  The plan shall provide for annual deductibles for
25  major medical expense coverage in the amount of $1,000 or any
26  higher amounts proposed by the board and approved by the
27  department, plus the benefits payable under any other type of
28  insurance coverage or workers' compensation.  The schedule of
29  premiums and deductibles shall be established by the board
30  association. With regard to any preferred provider arrangement
31  utilized by the association, the deductibles provided in this
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  paragraph shall be the minimum deductibles applicable to the
 2  preferred providers and higher deductibles, as approved by the
 3  department, may be applied to providers who are not preferred
 4  providers.
 5         1.  Separate schedules of premium rates based on age
 6  may apply for individual risks.
 7         2.  Rates are subject to approval by the department
 8  pursuant to ss. 627.410 and 627.411, except as provided by
 9  this section. The board shall revise premium schedules
10  annually, beginning January 2002.
11         3.  Standard risk rates for coverages issued by the
12  association shall be established by the department, pursuant
13  to s. 627.6675(3).
14         3.4.  The board shall establish three premium schedules
15  based upon an individual's family income:
16         a.  Schedule A is applicable to an individual whose
17  family income exceeds the allowable amount for determining
18  eligibility under the Medicaid program, up to and including
19  200 percent of the Federal Poverty Level. Premiums for a
20  person under this schedule may not exceed 150 percent of the
21  standard risk rate.
22         b.  Schedule B is applicable to an individual whose
23  family income exceeds 200 percent but is less than 300 percent
24  of the Federal Poverty Level. Premiums for a person under this
25  schedule may not exceed 250 percent of the standard risk rate.
26         c.  Schedule C is applicable to an individual whose
27  family income is equal to or greater than 300 percent of the
28  Federal Poverty Level. Premiums for a person under this
29  schedule may not exceed 300 percent of the standard risk rate.
30  establish separate premium schedules for low-risk individuals,
31  medium-risk individuals, and high-risk individuals and shall
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  revise premium schedules annually beginning January 1999.
 2         4.  The standard risk rate shall be determined by the
 3  department pursuant to s. 627.6675(3). The rate shall be
 4  adjusted for benefit differences. No rate shall exceed 200
 5  percent of the standard risk rate for low-risk individuals,
 6  225 percent of the standard risk rate for medium-risk
 7  individuals, or 250 percent of the standard risk rate for
 8  high-risk individuals. For the purpose of determining what
 9  constitutes a low-risk individual, medium-risk individual, or
10  high-risk individual, the board shall consider the anticipated
11  claims payment for individuals based upon an individual's
12  health condition.
13         (b)  If the covered costs incurred by the eligible
14  person exceed the deductible for major medical expense
15  coverage selected by the person in a policy year, the plan
16  shall pay in the following manner:
17         1.  For individuals placed under case management, the
18  plan shall pay 90 percent of the additional covered costs
19  incurred by the person during the policy year for the first
20  $10,000, after which the plan shall pay 100 percent of the
21  covered costs incurred by the person during the policy year.
22         2.  For individuals utilizing the preferred provider
23  network, the plan shall pay 80 percent of the additional
24  covered costs incurred by the person during the policy year
25  for the first $10,000, after which the plan shall pay 90
26  percent of covered costs incurred by the person during the
27  policy year.
28         3.  If the person does not utilize either the case
29  management system or the preferred provider network, the plan
30  shall pay 60 percent of the additional covered costs incurred
31  by the person for the first $10,000, after which the plan
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  shall pay 70 percent of the additional covered costs incurred
 2  by the person during the policy year.
 3         (5)  PREEXISTING CONDITIONS.--An association policy
 4  shall may contain provisions under which coverage is excluded
 5  during a period of 12 months following the effective date of
 6  coverage with respect to a given covered individual for any
 7  preexisting condition, as long as:
 8         (a)  The condition manifested itself within a period of
 9  6 months before the effective date of coverage; or
10         (b)  Medical advice or treatment was recommended or
11  received within a period of 6 months before the effective date
12  of coverage.
13  
14  This subsection does not apply to an eligible individual as
15  defined in s. 627.6487.
16         (6)  OTHER SOURCES PRIMARY.--
17         (a)  No amounts paid or payable by Medicare or any
18  other governmental program or any other insurance, or
19  self-insurance maintained in lieu of otherwise statutorily
20  required insurance, may be made or recognized as claims under
21  such policy or be recognized as or towards satisfaction of
22  applicable deductibles or out-of-pocket maximums or to reduce
23  the limits of benefits available.
24         (b)  The association has a cause of action against a
25  participant for any benefits paid to the participant which
26  should not have been claimed or recognized as claims because
27  of the provisions of this subsection or because otherwise not
28  covered.
29         (7)  NONENTITLEMENT.--The Florida Comprehensive Health
30  Association Act does not provide an individual with an
31  entitlement to health care services or health insurance. A
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  cause of action does not arise against the state, the board,
 2  or the association for failure to make health services or
 3  health insurance available under the Florida Comprehensive
 4  Health Association Act.
 5         Section 13.  The Legislature finds that the provisions
 6  of this act fulfill an important state interest.
 7         Section 14.  The amendments in this act to section
 8  627.6487(3), Florida Statutes, shall not take effect unless
 9  the Health Care Financing Administration of the U.S.
10  Department of Health and Human Services approves this act as
11  providing an acceptable alternative mechanism, as provided in
12  the Public Health Service Act.
13         Section 15.  Effective January 1, 2002, section
14  627.6484, Florida Statutes, is repealed.
15         Section 16.  Subsection (9) is added to section
16  627.6515, Florida Statutes, to read:
17         627.6515  Out-of-state groups.--
18         (9)  Notwithstanding any other provision of this
19  section, any group health insurance policy or group
20  certificate for health insurance, as described in s.
21  627.6561(5)(a)2., which is issued to a resident of this state
22  and requires individual underwriting to determine coverage
23  eligibility for an individual or premium rates to be charged
24  to an individual shall be considered a policy issued on an
25  individual basis and is subject to and must comply with the
26  Florida Insurance Code in the same manner as individual
27  insurance policies issued in this state.
28         Section 17.  Paragraphs (i), (m), and (n) of subsection
29  (3), paragraph (b) of subsection (6), paragraphs (a), (d), and
30  (e) of subsection (12), and paragraph (a) of subsection (15)
31  of section 627.6699, Florida Statutes, are amended to read:
                                  38
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1         627.6699  Employee Health Care Access Act.--
 2         (3)  DEFINITIONS.--As used in this section, the term:
 3         (i)  "Established geographic area" means the county or
 4  counties, or any portion of a county or counties, within which
 5  the carrier provides or arranges for health care services to
 6  be available to its insureds, members, or subscribers.
 7         (m)  "Limited benefit policy or contract" means a
 8  policy or contract that provides coverage for each person
 9  insured under the policy for a specifically named disease or
10  diseases or, a specifically named accident, or a specifically
11  named limited market that fulfills a an experimental or
12  reasonable need by providing more affordable health insurance,
13  such as the small group market.
14         (n)  "Modified community rating" means a method used to
15  develop carrier premiums which spreads financial risk across a
16  large population; allows the use of separate rating factors
17  for age, gender, family composition, tobacco usage, and
18  geographic area as determined under paragraph (5)(j); and
19  allows adjustments for: claims experience, health status, or
20  credits based on the duration that the of coverage has been in
21  force as permitted under subparagraph (6)(b)6. subparagraph
22  (6)(b)5.; and administrative and acquisition expenses as
23  permitted under subparagraph (6)(b)5. A carrier may separate
24  the experience of small employer groups with less than two
25  eligible employees from the experience of small employer
26  groups with two through 50 eligible employees.
27         (6)  RESTRICTIONS RELATING TO PREMIUM RATES.--
28         (b)  For all small employer health benefit plans that
29  are subject to this section and are issued by small employer
30  carriers on or after January 1, 1994, premium rates for health
31  benefit plans subject to this section are subject to the
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  following:
 2         1.  Small employer carriers must use a modified
 3  community rating methodology in which the premium for each
 4  small employer must be determined solely on the basis of the
 5  eligible employee's and eligible dependent's gender, age,
 6  family composition, tobacco use, or geographic area as
 7  determined under paragraph (5)(j) and in which the premium may
 8  be adjusted as permitted by subparagraphs 5., and 6., and 7.
 9         2.  Rating factors related to age, gender, family
10  composition, tobacco use, or geographic location may be
11  developed by each carrier to reflect the carrier's experience.
12  The factors used by carriers are subject to department review
13  and approval.
14         3.  If the modified community rate is determined from
15  two experience pools as authorized by paragraph (5)(n), the
16  rate to be charged to small employer groups of less than two
17  eligible employees may not exceed 150 percent of the rate
18  determined for groups of two through 50 eligible employees;
19  however, the carrier may charge excess losses of the
20  less-than-two-eligible-employee experience pool to the
21  experience pool of the two through 50 eligible employees so
22  that all losses are allocated and the 150-percent rate limit
23  on the less-than-two-eligible-employee experience pool is
24  maintained. Notwithstanding the provisions of s.
25  627.411(1)(e)4. and (3), the rate to be charged to a small
26  employer group of fewer than 2 eligible employees insured as
27  of July 1, 2001, may be up to 125 percent of the rate
28  determined for groups of 2 through 50 eligible employees for
29  the first annual renewal and 150 percent for subsequent annual
30  renewals.
31         4.3.  Small employer carriers may not modify the rate
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  for a small employer for 12 months from the initial issue date
 2  or renewal date, unless the composition of the group changes
 3  or benefits are changed. However, a small employer carrier may
 4  modify the rate one time prior to 12 months after the initial
 5  issue date for a small employer who enrolls under a previously
 6  issued group policy that has a common anniversary date for all
 7  employers covered under the policy if:
 8         a.  The carrier discloses to the employer in a clear
 9  and conspicuous manner the date of the first renewal and the
10  fact that the premium may increase on or after that date.
11         b.  The insurer demonstrates to the department that
12  efficiencies in administration are achieved and reflected in
13  the rates charged to small employers covered under the policy.
14         5.4.  A carrier may issue a group health insurance
15  policy to a small employer health alliance or other group
16  association with rates that reflect a premium credit for
17  expense savings attributable to administrative activities
18  being performed by the alliance or group association if such
19  expense savings are specifically documented in the insurer's
20  rate filing and are approved by the department.  Any such
21  credit may not be based on different morbidity assumptions or
22  on any other factor related to the health status or claims
23  experience of any person covered under the policy. Nothing in
24  this subparagraph exempts an alliance or group association
25  from licensure for any activities that require licensure under
26  the insurance code. A carrier issuing a group health insurance
27  policy to a small employer health alliance or other group
28  association shall allow any properly licensed and appointed
29  agent of that carrier to market and sell the small employer
30  health alliance or other group association policy. Such agent
31  shall be paid the usual and customary commission paid to any
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  agent selling the policy.
 2         6.5.  Any adjustments in rates for claims experience,
 3  health status, or credits based on the duration of coverage
 4  may not be charged to individual employees or dependents. For
 5  a small employer's policy, such adjustments may not result in
 6  a rate for the small employer which deviates more than 15
 7  percent from the carrier's approved rate. Any such adjustment
 8  must be applied uniformly to the rates charged for all
 9  employees and dependents of the small employer. A small
10  employer carrier may make an adjustment to a small employer's
11  renewal premium, not to exceed 10 percent annually, due to the
12  claims experience, health status, or credits based on the
13  duration of coverage of the employees or dependents of the
14  small employer. Semiannually, small group carriers shall
15  report information on forms adopted by rule by the department,
16  to enable the department to monitor the relationship of
17  aggregate adjusted premiums actually charged policyholders by
18  each carrier to the premiums that would have been charged by
19  application of the carrier's approved modified community
20  rates. If the aggregate resulting from the application of such
21  adjustment exceeds the premium that would have been charged by
22  application of the approved modified community rate by 5
23  percent for the current reporting period, the carrier shall
24  limit the application of such adjustments only to minus
25  adjustments beginning not more than 60 days after the report
26  is sent to the department. For any subsequent reporting
27  period, if the total aggregate adjusted premium actually
28  charged does not exceed the premium that would have been
29  charged by application of the approved modified community rate
30  by 5 percent, the carrier may apply both plus and minus
31  adjustments. A small employer carrier may provide a credit to
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  a small employer's premium based on administrative and
 2  acquisition expense differences resulting from the size of the
 3  group. Group size administrative and acquisition expense
 4  factors may be developed by each carrier to reflect the
 5  carrier's experience and are subject to department review and
 6  approval.
 7         7.6.  A small employer carrier rating methodology may
 8  include separate rating categories for one dependent child,
 9  for two dependent children, and for three or more dependent
10  children for family coverage of employees having a spouse and
11  dependent children or employees having dependent children
12  only. A small employer carrier may have fewer, but not
13  greater, numbers of categories for dependent children than
14  those specified in this subparagraph.
15         8.7.  Small employer carriers may not use a composite
16  rating methodology to rate a small employer with fewer than 10
17  employees. For the purposes of this subparagraph, a "composite
18  rating methodology" means a rating methodology that averages
19  the impact of the rating factors for age and gender in the
20  premiums charged to all of the employees of a small employer.
21         (12)  STANDARD, BASIC, AND LIMITED HEALTH BENEFIT
22  PLANS.--
23         (a)1.  By May 15, 1993, the commissioner shall appoint
24  a health benefit plan committee composed of four
25  representatives of carriers which shall include at least two
26  representatives of HMOs, at least one of which is a staff
27  model HMO, two representatives of agents, four representatives
28  of small employers, and one employee of a small employer.  The
29  carrier members shall be selected from a list of individuals
30  recommended by the board.  The commissioner may require the
31  board to submit additional recommendations of individuals for
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  appointment.
 2         2.  The plans shall comply with all of the requirements
 3  of this subsection.
 4         3.  The plans must be filed with and approved by the
 5  department prior to issuance or delivery by any small employer
 6  carrier.
 7         4.  Before October 1, 2001, and in every 4th year
 8  thereafter, the commissioner shall appoint a new health
 9  benefit plan committee in the manner provided in subparagraph
10  1. to determine whether modifications to a plan might be
11  appropriate and to submit recommended modifications to the
12  department for approval. Such determination shall be based
13  upon prevailing industry standards regarding managed care and
14  cost-containment provisions and shall be for the purpose of
15  ensuring that the benefit plans offered to small employers on
16  a guaranteed-issue basis are consistent with the low to
17  mid-priced benefit plans offered in the large-group market.
18  This determination shall be included in a report submitted to
19  the President of the Senate and the Speaker of the House of
20  Representatives annually by October 1. After approval of the
21  revised health benefit plans, if the department determines
22  that modifications to a plan might be appropriate, the
23  commissioner shall appoint a new health benefit plan committee
24  in the manner provided in subparagraph 1. to submit
25  recommended modifications to the department for approval.
26         (d)1.  Upon offering coverage under a standard health
27  benefit plan, a basic health benefit plan, or a limited
28  benefit policy or contract for any small employer, the small
29  employer carrier shall disclose in writing to the employer
30  provide such employer group with a written statement that
31  contains, at a minimum:
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1         a.  An explanation of those mandated benefits and
 2  providers that are not covered by the policy or contract;
 3         a.b.  An outline of coverage explanation of the managed
 4  care and cost control features of the policy or contract,
 5  along with all appropriate mailing addresses and telephone
 6  numbers to be used by insureds in seeking information or
 7  authorization; and
 8         b.c.  An explanation of The primary and preventive care
 9  features of the policy or contract; and.
10  
11  Such disclosure statement must be presented in a clear and
12  understandable form and format and must be separate from the
13  policy or certificate or evidence of coverage provided to the
14  employer group.
15         2.  Before a small employer carrier issues a standard
16  health benefit plan, a basic health benefit plan, or a limited
17  benefit policy or contract, it must obtain from the
18  prospective policyholder a signed written statement in which
19  the prospective policyholder:
20         a.  Certifies as to eligibility for coverage under the
21  standard health benefit plan, basic health benefit plan, or
22  limited benefit policy or contract;
23         c.b.  Acknowledges The limited nature of the coverage
24  and the an understanding of the managed care and cost control
25  features of the policy or contract.;
26         c.  Acknowledges that if misrepresentations are made
27  regarding eligibility for coverage under a standard health
28  benefit plan, a basic health benefit plan, or a limited
29  benefit policy or contract, the person making such
30  misrepresentations forfeits coverage provided by the policy or
31  contract; and
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1         2.d.  If a limited plan is requested, the prospective
 2  policyholder must acknowledge in writing acknowledges that he
 3  or she the prospective policyholder had been offered, at the
 4  time of application for the insurance policy or contract, the
 5  opportunity to purchase any health benefit plan offered by the
 6  carrier and that the prospective policyholder had rejected
 7  that coverage.
 8  
 9  A copy of such written statement shall be provided to the
10  prospective policyholder no later than at the time of delivery
11  of the policy or contract, and the original of such written
12  statement shall be retained in the files of the small employer
13  carrier for the period of time that the policy or contract
14  remains in effect or for 5 years, whichever period is longer.
15         3.  Any material statement made by an applicant for
16  coverage under a health benefit plan which falsely certifies
17  as to the applicant's eligibility for coverage serves as the
18  basis for terminating coverage under the policy or contract.
19         3.4.  Each marketing communication that is intended to
20  be used in the marketing of a health benefit plan in this
21  state must be submitted for review by the department prior to
22  use and must contain the disclosures stated in this
23  subsection.
24         4.  The contract, policy, and certificates evidencing
25  coverage under a limited benefit policy or contract and the
26  application for coverage under such plans must state in not
27  less than 10-point type on the first page in contrasting color
28  the following: "The benefits provided by this health plan are
29  limited and may not cover all of your medical needs. You
30  should carefully review the benefits offered under this health
31  plan."
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1         (d)(e)  A small employer carrier may not use any
 2  policy, contract, form, or rate under this section, including
 3  applications, enrollment forms, policies, contracts,
 4  certificates, evidences of coverage, riders, amendments,
 5  endorsements, and disclosure forms, until the insurer has
 6  filed it with the department and the department has approved
 7  it under ss. 627.31, 627.410, 627.4106, and 627.411.
 8         (15)  APPLICABILITY OF OTHER STATE LAWS.--
 9         (a)  Except as expressly provided in this section, a
10  law requiring coverage for a specific health care service or
11  benefit, or a law requiring reimbursement, utilization, or
12  consideration of a specific category of licensed health care
13  practitioner, does not apply to a standard or basic health
14  benefit plan policy or contract or a limited benefit policy or
15  contract offered or delivered to a small employer unless that
16  law is made expressly applicable to such policies or
17  contracts. A law restricting or limiting deductibles,
18  copayments, or annual or lifetime maximum payments does not
19  apply to a limited benefit policy or contract offered or
20  delivered to a small employer unless such law is made
21  expressly applicable to such policy or contract. A limited
22  benefit policy or contract that is offered or delivered to a
23  small employer may also be offered or delivered to an employer
24  having 51 or more eligible employees. Any covered disease or
25  condition may be treated by any physician, without
26  discrimination, licensed or certified to treat the disease or
27  condition.
28         Section 18.  Section 627.9408, Florida Statutes, is
29  amended to read:
30         627.9408  Rules.--
31         (1)  The department may has authority to adopt rules
                                  47
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  pursuant to ss. 120.536(1) and 120.54 to administer implement
 2  the provisions of this part.
 3         (2)  The department may adopt by rule the provisions of
 4  the Long-Term Care Insurance Model Regulation adopted by the
 5  National Association of Insurance Commissioners in the second
 6  quarter of the year 2000 which are not in conflict with the
 7  Florida Insurance Code.
 8         Section 19.  Paragraphs (b) and (d) of subsection (3)
 9  of section 641.31, Florida Statutes, are amended, and
10  paragraph (f) is added to that subsection, to read:
11         641.31  Health maintenance contracts.--
12         (3)
13         (b)  Any change in the rate is subject to paragraph (d)
14  and requires at least 30 days' advance written notice to the
15  subscriber. In the case of a group member, there may be a
16  contractual agreement with the health maintenance organization
17  to have the employer provide the required notice to the
18  individual members of the group. This paragraph does not apply
19  to a group contract covering 51 or more persons unless the
20  rate is for any coverage under which the increase in claim
21  costs over the lifetime of the contract due to advancing age
22  or duration is prefunded in the premium.
23         (d)  Any change in rates charged for the contract must
24  be filed with the department not less than 30 days in advance
25  of the effective date. At the expiration of such 30 days, the
26  rate filing shall be deemed approved unless prior to such time
27  the filing has been affirmatively approved or disapproved by
28  order of the department pursuant to s. 627.411. The approval
29  of the filing by the department constitutes a waiver of any
30  unexpired portion of such waiting period. The department may
31  extend by not more than an additional 15 days the period
                                  48
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  within which it may so affirmatively approve or disapprove any
 2  such filing, by giving notice of such extension before
 3  expiration of the initial 30-day period. At the expiration of
 4  any such period as so extended, and in the absence of such
 5  prior affirmative approval or disapproval, any such filing
 6  shall be deemed approved.
 7         (f)  A health maintenance organization with fewer than
 8  1,000 covered subscribers under all individual or group
 9  contracts, at the time of a rate filing, may file for an
10  annual rate increase limited to annual medical trend, as
11  adopted by the department. The filing is in lieu of the
12  actuarial memorandum otherwise required for the rate filing.
13  The filing must include forms adopted by the department and a
14  certification by an officer of the company that the filing
15  includes all similar forms.
16         Section 20.  Contingent upon the passage of CS/CS/SB
17  2214, or similar legislation, beginning July 1, 2001, $10
18  million of the funds collected from subscribing participating
19  manufacturers and the public health tobacco equity surcharge
20  imposed by s. 210.0221 shall be transferred from the Tobacco
21  Settlement Clearing Trust Fund to the Florida Comprehensive
22  Health Association created in s. 627.6488, for coverage of new
23  participants. Effective April 1, 2002, the association may
24  provide coverage for up to 500 persons for the period ending
25  December 31, 2002. On or after January 1, 2003, the
26  association may enroll an additional 1,500 persons. At no time
27  may the association provide coverage for more than 2,000
28  persons. The appropriation made by this section shall not be
29  made if the same appropriation is made by CS/CS/SB 2214 or
30  similar legislation.
31         Section 21.  This act shall take effect October 1,
                                  49
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1  2001.
 2  
 3  
 4  ================ T I T L E   A M E N D M E N T ===============
 5  And the title is amended as follows:
 6         Delete everything before the enacting clause
 7  
 8  and insert:
 9                      A bill to be entitled
10         An act relating to health care; making
11         legislative findings and providing legislative
12         intent; providing definitions; providing for a
13         pilot program for health flex plans for certain
14         uninsured persons; providing criteria;
15         exempting approved health flex plans from
16         certain licensing requirements; providing
17         criteria for eligibility to enroll in a health
18         flex plan; requiring health flex plan providers
19         to maintain certain records; providing
20         requirements for denial, nonrenewal, or
21         cancellation of coverage; specifying that
22         coverage under an approved health flex plan is
23         not an entitlement; providing for civil actions
24         against health plan entities by the Agency for
25         Health Care Administration under certain
26         circumstances; amending s. 627.410, F.S.;
27         requiring certain group certificates for health
28         insurance coverage to be subject to the
29         requirements for individual health insurance
30         policies; exempting group health insurance
31         policies insuring groups of a certain size from
                                  50
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1         rate filing requirements; providing alternative
 2         rate filing requirements for insurers with less
 3         than a specified number of nationwide
 4         policyholders or members; amending s. 627.411,
 5         F.S.; revising the grounds for the disapproval
 6         of insurance policy forms; providing that a
 7         health insurance policy form may be disapproved
 8         if it results in certain rate increases;
 9         specifying allowable new business rates and
10         renewal rates if rate increases exceed certain
11         levels; authorizing the Department of Insurance
12         to determine medical trend for purposes of
13         approving rate filings; amending s. 627.6487,
14         F.S.; revising the types of policies that
15         individual health insurers must offer to
16         persons eligible for guaranteed individual
17         health insurance coverage; prohibiting
18         individual health insurers from applying
19         discriminatory underwriting or rating practices
20         to eligible individuals; amending s. 627.6482,
21         F.S.; amending definitions used in the Florida
22         Comprehensive Health Association Act; amending
23         s. 627.6486, F.S.; revising the criteria for
24         eligibility for coverage from the association;
25         providing for cessation of coverage; requiring
26         all eligible persons to agree to be placed in a
27         case-management system; amending s. 627.6487,
28         F.S.; redefining the term "eligible individual"
29         for purposes of guaranteed availability of
30         individual health insurance coverage; providing
31         that a person is not eligible if the person is
                                  51
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1         eligible for coverage under the Florida
 2         Comprehensive Health Association; amending s.
 3         627.6488, F.S.; revising the membership of the
 4         board of directors of the association; revising
 5         the reimbursement of board members and
 6         employees; requiring that the plan of the
 7         association be submitted to the department for
 8         approval on an annual basis; revising the
 9         duties of the association related to
10         administrative and accounting procedures;
11         requiring an annual financial audit; specifying
12         grievance procedures; establishing a premium
13         schedule based upon an individual's family
14         income; deleting requirements for categorizing
15         insureds as low-risk, medium-risk, and
16         high-risk; authorizing the association to place
17         an individual with a case manager who
18         determines the health care system or provider;
19         requiring an annual review of the actuarial
20         soundness of the association and the
21         feasibility of enrolling new members; requiring
22         a separate account for policyholders insured
23         prior to a specified date; requiring
24         appointment of an executive director with
25         specified duties; authorizing the board to
26         restrict the number of participants based on
27         inadequate funding; limiting enrollment;
28         specifying other powers of the board; amending
29         s. 627.649, F.S.; revising the requirements for
30         the association to use in selecting an
31         administrator; amending s. 627.6492, F.S.;
                                  52
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1         requiring insurers to be members of the
 2         association and to be subject to assessments
 3         for operating expenses; limiting assessments to
 4         specified maximum amounts; specifying when
 5         assessments are calculated and paid; providing
 6         that funding for coverage for certain persons
 7         shall be provided by appropriations as provided
 8         by law;  amending s. 627.6498, F.S.; revising
 9         the coverage, benefits, covered expenses,
10         premiums, and deductibles of the association;
11         requiring preexisting condition limitations;
12         providing that the act does not provide an
13         entitlement to health care services or health
14         insurance and does not create a cause of
15         action; limiting enrollment in the association;
16         repealing s. 627.6484, F.S., relating to a
17         prohibition on the Florida Comprehensive Health
18         Association from accepting applications for
19         coverage after a certain date; making a
20         legislative finding that the provisions of this
21         act fulfill an important state interest;
22         providing that the amendments to s.
23         627.6487(3), F.S., do not take effect unless
24         approved by the U.S. Health Care Financing
25         Administration; amending s. 627.6515, F.S.;
26         requiring that coverage issued to a state
27         resident under certain group health insurance
28         policies issued outside the state be subject to
29         the requirements for individual health
30         insurance policies; amending s. 627.6699, F.S.;
31         revising definitions used in the Employee
                                  53
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1         Health Care Access Act; allowing carriers to
 2         separate the experience of small employer
 3         groups with fewer than two employees; revising
 4         the rating factors that may be used by small
 5         employer carriers; requiring the Insurance
 6         Commissioner to appoint a health benefit plan
 7         committee to modify the standard, basic, and
 8         limited health benefit plans; revising the
 9         disclosure that a carrier must make to a small
10         employer upon offering certain policies;
11         prohibiting small employer carriers from using
12         certain policies, contracts, forms, or rates
13         unless filed with and approved by the
14         Department of Insurance pursuant to certain
15         provisions; restricting application of certain
16         laws to limited benefit policies under certain
17         circumstances; authorizing offering or
18         delivering limited benefit policies or
19         contracts to certain employers; providing
20         requirements for benefits in limited benefit
21         policies or contracts for small employers;
22         amending s. 627.9408, F.S.; authorizing the
23         department to adopt by rule certain provisions
24         of the Long-Term Care Insurance Model
25         Regulation, as adopted by the National
26         Association of Insurance Commissioners;
27         amending s. 641.31, F.S.; exempting contracts
28         of group health maintenance organizations
29         covering a specified number of persons from the
30         requirements of filing with the department;
31         specifying the standards for department
                                  54
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                                                  SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
 1         approval and disapproval of a change in rates
 2         by a health maintenance organization; providing
 3         alternative rate filing requirements for
 4         organizations with less than a specified number
 5         of subscribers; providing an appropriation
 6         contingent upon passage of other legislation;
 7         providing an effective date.
 8  
 9  
10  
11  
12  
13  
14  
15  
16  
17  
18  
19  
20  
21  
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
                                  55
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