SENATE AMENDMENT
    Bill No. CS/HB 1253, 2nd Eng.
    Amendment No. ___   Barcode 800658
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11  Senator Latvala moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
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16  and insert:  
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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 2 5:30 PM 05/03/01 h1253.bi19.jv
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 3 5:30 PM 05/03/01 h1253.bi19.jv
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 4 5:30 PM 05/03/01 h1253.bi19.jv
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 5 5:30 PM 05/03/01 h1253.bi19.jv
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 6 5:30 PM 05/03/01 h1253.bi19.jv
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 7 5:30 PM 05/03/01 h1253.bi19.jv
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. 8 5:30 PM 05/03/01 h1253.bi19.jv
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 9 5:30 PM 05/03/01 h1253.bi19.jv
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 10 5:30 PM 05/03/01 h1253.bi19.jv
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 11 5:30 PM 05/03/01 h1253.bi19.jv
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. 12 5:30 PM 05/03/01 h1253.bi19.jv
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: 13 5:30 PM 05/03/01 h1253.bi19.jv
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. 14 5:30 PM 05/03/01 h1253.bi19.jv
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. 15 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 32 5:30 PM 05/03/01 h1253.bi19.jv
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 33 5:30 PM 05/03/01 h1253.bi19.jv
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 34 5:30 PM 05/03/01 h1253.bi19.jv
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 35 5:30 PM 05/03/01 h1253.bi19.jv
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 36 5:30 PM 05/03/01 h1253.bi19.jv
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 37 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 39 5:30 PM 05/03/01 h1253.bi19.jv
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 40 5:30 PM 05/03/01 h1253.bi19.jv
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 41 5:30 PM 05/03/01 h1253.bi19.jv
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 42 5:30 PM 05/03/01 h1253.bi19.jv
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 43 5:30 PM 05/03/01 h1253.bi19.jv
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: 44 5:30 PM 05/03/01 h1253.bi19.jv
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 45 5:30 PM 05/03/01 h1253.bi19.jv
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." 46 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv
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 5:30 PM 05/03/01 h1253.bi19.jv