House Bill hb1253

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    Florida House of Representatives - 2001                HB 1253

        By Representative Farkas






  1                      A bill to be entitled

  2         An act relating to limited benefit policies or

  3         contracts; amending s. 627.6699, F.S.; revising

  4         a definition; prohibiting small employer

  5         carriers from using certain policies,

  6         contracts, forms, or rates unless filed with

  7         and approved by the Department of Insurance

  8         pursuant to certain provisions; providing an

  9         exception; restricting application of certain

10         laws to limited benefit policies under certain

11         circumstances; authorizing offering or

12         delivering limited benefit policies or

13         contracts to certain employers; providing

14         requirements for benefits in limited benefit

15         policies or contracts for small employers;

16         providing an effective date.

17

18         WHEREAS, the Legislature recognizes that the increasing

19  number of uninsured Floridians is due in part to small

20  employers' and their employees' inability to afford

21  comprehensive health insurance coverage, and

22         WHEREAS, the Legislature recognizes the need for small

23  employers and their employees to have the opportunity to

24  choose more affordable and flexible health insurance plans,

25  and

26         WHEREAS, it is the intent of the Legislature that

27  insurers and health maintenance organizations have maximum

28  flexibility in health plan design, NOW, THEREFORE,

29

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

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  1         Section 1.  Paragraph (m) of subsection (3), paragraphs

  2  (d) and (e) of subsection (12), and subsection (15) of section

  3  627.6699, Florida Statutes, are amended to read:

  4         627.6699  Employee Health Care Access Act.--

  5         (3)  DEFINITIONS.--As used in this section, the term:

  6         (m)  "Limited benefit policy or contract" means a

  7  policy or contract that provides coverage for each person

  8  insured under the policy for a specifically named disease or

  9  diseases, a specifically named accident, or a specifically

10  named limited market that fulfills an experimental or

11  reasonable need, such as the small group market, or to

12  complement a medical savings account program established by a

13  small employer for the benefit of its employees.

14         (12)  STANDARD, BASIC, AND LIMITED HEALTH BENEFIT

15  PLANS.--

16         (d)1.  Upon offering coverage under a standard health

17  benefit plan, a basic health benefit plan, or a limited

18  benefit policy or contract for any small employer, the small

19  employer carrier shall provide such employer group with a

20  written statement that contains, at a minimum:

21         a.  An explanation of those mandated benefits and

22  providers that are not covered by the policy or contract;

23         b.  An explanation of the managed care and cost control

24  features of the policy or contract, along with all appropriate

25  mailing addresses and telephone numbers to be used by insureds

26  in seeking information or authorization; and

27         c.  An explanation of the primary and preventive care

28  features of the policy or contract.

29

30  Such disclosure statement must be presented in a clear and

31  understandable form and format and must be separate from the

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    Florida House of Representatives - 2001                HB 1253

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  1  policy or certificate or evidence of coverage provided to the

  2  employer group.

  3         2.  Before a small employer carrier issues a standard

  4  health benefit plan, a basic health benefit plan, or a limited

  5  benefit policy or contract, it must obtain from the

  6  prospective policyholder a signed written statement in which

  7  the prospective policyholder:

  8         a.  Certifies as to eligibility for coverage under the

  9  standard health benefit plan, basic health benefit plan, or

10  limited benefit policy or contract;

11         b.  Acknowledges the limited nature of the coverage and

12  an understanding of the managed care and cost control features

13  of the policy or contract;

14         c.  Acknowledges that if misrepresentations are made

15  regarding eligibility for coverage under a standard health

16  benefit plan, a basic health benefit plan, or a limited

17  benefit policy or contract, the person making such

18  misrepresentations forfeits coverage provided by the policy or

19  contract; and

20         d.  If a limited plan is requested, acknowledges that

21  the prospective policyholder had been offered, at the time of

22  application for the insurance policy or contract, the

23  opportunity to purchase any health benefit plan offered by the

24  carrier and that the prospective policyholder had rejected

25  that coverage.

26

27  A copy of such written statement shall be provided to the

28  prospective policyholder no later than at the time of delivery

29  of the policy or contract, and the original of such written

30  statement shall be retained in the files of the small employer

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  1  carrier for the period of time that the policy or contract

  2  remains in effect or for 5 years, whichever period is longer.

  3         3.  Any material statement made by an applicant for

  4  coverage under a health benefit plan which falsely certifies

  5  as to the applicant's eligibility for coverage serves as the

  6  basis for terminating coverage under the policy or contract.

  7         4.  Each marketing communication that is intended to be

  8  used in the marketing of a health benefit plan in this state

  9  must be submitted for review by the department prior to use

10  and must contain the disclosures stated in this subsection.

11         (d)(e)  A small employer carrier may not use any

12  policy, contract, form, or rate under this section, including

13  applications, enrollment forms, policies, contracts,

14  certificates, evidences of coverage, riders, amendments,

15  endorsements, and disclosure forms, until the insurer has

16  filed it with the department and the department has approved

17  it under ss. 627.410, 627.4106, and 627.411, and 641.31,

18  except as provided in paragraph (15)(b).

19         (15)  APPLICABILITY OF OTHER STATE LAWS.--

20         (a)  Except as expressly provided in this section, a

21  law requiring coverage for a specific health care service or

22  benefit, or a law requiring reimbursement, utilization, or

23  consideration of a specific category of licensed health care

24  practitioner, does not apply to a standard or basic health

25  benefit plan policy or contract or a limited benefit policy or

26  contract offered or delivered to a small employer unless that

27  law is made expressly applicable to such policies or

28  contracts. A law restricting or limiting deductibles,

29  copayments, annual or lifetime maximum payments, or payments

30  for treatment of a specific disease or condition does not

31  apply to a limited benefit policy or contract offered or

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  1  delivered to a small employer unless such law is made

  2  expressly applicable to such policy or contract. A limited

  3  benefit policy or contract which is offered or delivered to a

  4  small employer may also be offered or delivered to an employer

  5  with 51 or more eligible employees.

  6         (b)  The benefits in a limited benefit policy or

  7  contract offered or delivered to a small employer shall be

  8  reasonable in relation to the premium charged and shall comply

  9  with the small employer group health product medical loss

10  ratio requirements established by the department pursuant to

11  ss. 627.410(6)(b) and 641.31(2). However, a limited benefit

12  policy or contract offered or delivered to a small employer is

13  exempt from the form and rate filing requirements of ss.

14  627.410 and 641.31.

15         (c)(b)  Except as provided in this section, a standard

16  or basic health benefit plan policy or contract or limited

17  benefit policy or contract offered to a small employer is not

18  subject to any provision of this code which:

19         1.  Inhibits a small employer carrier from contracting

20  with providers or groups of providers with respect to health

21  care services or benefits;

22         2.  Imposes any restriction on a small employer

23  carrier's ability to negotiate with providers regarding the

24  level or method of reimbursing care or services provided under

25  a health benefit plan; or

26         3.  Requires a small employer carrier to either include

27  a specific provider or class of providers when contracting for

28  health care services or benefits or to exclude any class of

29  providers that is generally authorized by statute to provide

30  such care.

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  1         (d)(c)  Any second tier assessment paid by a carrier

  2  pursuant to paragraph (11)(j) may be credited against

  3  assessments levied against the carrier pursuant to s.

  4  627.6494.

  5         (e)(d)  Notwithstanding chapter 641, a health

  6  maintenance organization is authorized to issue contracts

  7  providing benefits equal to the standard health benefit plan,

  8  the basic health benefit plan, and the limited benefit policy

  9  authorized by this section.

10         Section 2.  This act shall take effect October 1, 2001.

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13                          HOUSE SUMMARY

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      Provides additional criteria for limited benefit policies
15    or contracts to increase access and affordability of
      health insurance for small employers. Limits application
16    of laws restricting or limiting deductibles, copayments,
      maximum payments, or payment limitations for treatment of
17    specific diseases or conditions. Requires benefits to be
      reasonable in relation to premium charged. See bill for
18    details.

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