HOUSE AMENDMENT
                                                  Bill No. HB 1373   Barcode 151735
    Amendment No. 1 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Health Promotion offered the following:
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13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
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16  and insert in lieu thereof:  
17         Section 1.  Subsection (12) of section 627.6482,
18  Florida Statutes, is amended, and subsections (15) and (16)
19  are added to that section, to read:
20         627.6482  Definitions.--As used in ss.
21  627.648-627.6498, the term:
22         (12)  "Premium" means the entire cost of an insurance
23  plan, including the administrative fee, the risk assumption
24  charge, and, in the instance of a minimum premium plan or
25  stop-loss coverage, the incurred claims whether or not such
26  claims are paid directly by the insurer.  "Premium" shall not
27  include a health maintenance organization's annual earned
28  premium revenue for Medicare and Medicaid contracts for any
29  assessment due for calendar years 1990 and 1991.  For
30  assessments due for calendar year 1992 and subsequent years, A
31  health maintenance organization's annual earned premium
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    File original & 9 copies    04/03/01                          
    hci0001                     11:15 am         01373-hp  -151735

HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 revenue for Medicare and Medicaid contracts is subject to 2 assessments unless the department determines that the health 3 maintenance organization has made a reasonable effort to amend 4 its Medicare or Medicaid government contract for 1992 and 5 subsequent years to provide reimbursement for any assessment 6 on Medicare or Medicaid premiums paid by the health 7 maintenance organization and the contract does not provide for 8 such reimbursement. 9 (15) "Federal poverty level" means the most current 10 federal poverty guidelines as established by the federal 11 Department of Health and Human Services and published in the 12 Federal Register, and in effect on the date of the policy and 13 its annual renewal. 14 (16) "Family income" means the adjusted gross income, 15 as defined in s. 62 of the United States Internal Revenue 16 Code, of all members of a household. 17 Section 2. Section 627.6486, Florida Statutes, is 18 amended to read: 19 627.6486 Eligibility.-- 20 (1) Except as provided in subsection (2), any person 21 who is a resident of this state and has been a resident of 22 this state for the previous 6 months is shall be eligible for 23 coverage under the plan, including: 24 (a) The insured's spouse. 25 (b) Any dependent unmarried child of the insured, from 26 the moment of birth. Subject to the provisions of ss. s. 27 627.6041 and 627.6562, such coverage shall terminate at the 28 end of the premium period in which the child marries, ceases 29 to be a dependent of the insured, or attains the age of 19, 30 whichever occurs first. However, if the child is a full-time 31 student at an accredited institution of higher learning, the 2 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 coverage may continue while the child remains unmarried and a 2 full-time student, but not beyond the premium period in which 3 the child reaches age 23. 4 (c) The former spouse of the insured whose coverage 5 would otherwise terminate because of annulment or dissolution 6 of marriage, if the former spouse is dependent upon the 7 insured for financial support. The former spouse shall have 8 continued coverage and shall not be subject to waiting periods 9 because of the change in policyholder status. 10 (2)(a) The board or administrator shall require 11 verification of residency for the preceding 6 months and shall 12 require any additional information or documentation, or 13 statements under oath, when necessary to determine residency 14 upon initial application and for the entire term of the 15 policy. A person may demonstrate his or her residency by 16 maintaining his or her residence in this state for the 17 preceding 6 months, purchasing a home that has been occupied 18 by him or her as his or her primary residence for the previous 19 6 months, or having established a domicile in this state 20 pursuant to s. 222.17 for the preceding 6 months. 21 (b) No person who is currently eligible for health 22 care benefits under Florida's Medicaid program is eligible for 23 coverage under the plan unless: 24 1. He or she has an illness or disease which requires 25 supplies or medication which are covered by the association 26 but are not included in the benefits provided under Florida's 27 Medicaid program in any form or manner; and 28 2. He or she is not receiving health care benefits or 29 coverage under Florida's Medicaid program. 30 (c) No person who is covered under the plan and 31 terminates the coverage is again eligible for coverage. 3 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 (d) No person on whose behalf the plan has paid out 2 the lifetime maximum benefit currently being offered by the 3 association of $500,000 in covered benefits is eligible for 4 coverage under the plan. 5 (e) The coverage of any person who ceases to meet the 6 eligibility requirements of this section may be terminated 7 immediately. If such person again becomes eligible for 8 subsequent coverage under the plan, any previous claims 9 payments shall be applied towards the $500,000 lifetime 10 maximum benefit and any limitation relating to preexisting 11 conditions in effect at the time such person again becomes 12 eligible shall apply to such person. However, no such person 13 may again become eligible for coverage after June 30, 1991. 14 (f) No person is eligible for coverage under the plan 15 unless such person has been rejected by two insurers for 16 coverage substantially similar to the plan coverage and no 17 insurer has been found through the market assistance plan 18 pursuant to s. 627.6484 that is willing to accept the 19 application. As used in this paragraph, "rejection" includes 20 an offer of coverage with a material underwriting restriction 21 or an offer of coverage at a rate greater than the association 22 plan rate. 23 (g) No person is eligible for coverage under the plan 24 if such person has, or is eligible for, on the date of issue 25 of coverage under the plan, substantially similar coverage 26 under another contract or policy, unless such coverage is 27 provided pursuant to the Consolidated Omnibus Budget 28 Reconciliation Act of 1985, Pub. L. No. 99-272, 100 Stat. 82 29 (1986) (COBRA), as amended, or such coverage is provided 30 pursuant to s. 627.6692 and such coverage is scheduled to end 31 at a time certain and the person meets all other requirements 4 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 of eligibility. Coverage provided by the association shall be 2 secondary to any coverage provided by an insurer pursuant to 3 COBRA or pursuant to s. 627.6692. 4 (h) A person is ineligible for coverage under the plan 5 if such person is currently eligible for health care benefits 6 under the Medicare program, except for a person who is insured 7 by the Florida Comprehensive Health Association and enrolled 8 under Medicare on July 1, 2001. All eligible persons who are 9 classified as high-risk individuals pursuant to s. 10 627.6498(4)(a)4. shall, upon application or renewal, agree to 11 be placed in a case management system when it is determined by 12 the board and the plan case manager that such system will be 13 cost-effective and provide quality care to the individual. 14 (i) A person is ineligible for coverage under the plan 15 if such person's premiums are paid for or reimbursed under any 16 government-sponsored program or by any government agency or 17 health care provider. 18 (j) An eligible individual, as defined in s. 627.6487, 19 and his or her dependents, as described in subsection (1), are 20 automatically eligible for coverage in the association unless 21 the association has ceased accepting new enrollees under s. 22 627.6488. If the association has ceased accepting new 23 enrollees, the eligible individual is subject to the coverage 24 rights set forth in s. 627.6487. 25 (3) A person's coverage ceases: 26 (a) On the date a person is no longer a resident of 27 this state; 28 (b) On the date a person requests coverage to end; 29 (c) Upon the date of death of the covered person; 30 (d) On the date state law requires cancellation of the 31 policy; or 5 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 (e) Sixty days after the person receives notice from 2 the association making any inquiry concerning the person's 3 eligibility or place or residence to which the person does not 4 reply. 5 (4) All eligible persons must, upon application or 6 renewal, agree to be placed in a case-management system when 7 the association and case manager find that such system will be 8 cost-effective and provide quality care to the individual. 9 (5) Except for persons who are insured by the 10 association on December 31, 2001, and who renew such coverage, 11 persons may apply for coverage beginning January 1, 2002, and 12 coverage for such persons shall begin on or after April 1, 13 2002, as determined by the board pursuant to s. 14 627.6488(4)(n). 15 Section 3. Subsection (3) of section 627.6487, Florida 16 Statutes, is amended to read: 17 627.6487 Guaranteed availability of individual health 18 insurance coverage to eligible individuals.-- 19 (3) For the purposes of this section, the term 20 "eligible individual" means an individual: 21 (a)1. For whom, as of the date on which the individual 22 seeks coverage under this section, the aggregate of the 23 periods of creditable coverage, as defined in s. 627.6561(5) 24 and (6), is 18 or more months; and 25 2.a. Whose most recent prior creditable coverage was 26 under a group health plan, governmental plan, or church plan, 27 or health insurance coverage offered in connection with any 28 such plan; or 29 b. Whose most recent prior creditable coverage was 30 under an individual plan issued in this state by a health 31 insurer or health maintenance organization, which coverage is 6 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 terminated due to the insurer or health maintenance 2 organization becoming insolvent or discontinuing the offering 3 of all individual coverage in the State of Florida, or due to 4 the insured no longer living in the service area in the State 5 of Florida of the insurer or health maintenance organization 6 that provides coverage through a network plan in the State of 7 Florida; 8 (b) Who is not eligible for coverage under: 9 1. A group health plan, as defined in s. 2791 of the 10 Public Health Service Act; 11 2. A conversion policy or contract issued by an 12 authorized insurer or health maintenance organization under s. 13 627.6675 or s. 641.3921, respectively, offered to an 14 individual who is no longer eligible for coverage under either 15 an insured or self-insured employer plan; 16 3. Part A or part B of Title XVIII of the Social 17 Security Act; or 18 4. A state plan under Title XIX of such act, or any 19 successor program, and does not have other health insurance 20 coverage; or 21 5. The Florida Comprehensive Health Association, if 22 the association is accepting and issuing coverage to new 23 enrollees, provided that the 63-day period specified in s. 24 627.6561(6) shall be tolled from the time the association 25 receives an application from an individual until the 26 association notifies the individual that it is not accepting 27 and issuing coverage to that individual; 28 (c) With respect to whom the most recent coverage 29 within the coverage period described in paragraph (a) was not 30 terminated based on a factor described in s. 627.6571(2)(a) or 31 (b), relating to nonpayment of premiums or fraud, unless such 7 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 nonpayment of premiums or fraud was due to acts of an employer 2 or person other than the individual; 3 (d) Who, having been offered the option of 4 continuation coverage under a COBRA continuation provision or 5 under s. 627.6692, elected such coverage; and 6 (e) Who, if the individual elected such continuation 7 provision, has exhausted such continuation coverage under such 8 provision or program. 9 Section 4. Section 627.6488, Florida Statutes, is 10 amended to read: 11 627.6488 Florida Comprehensive Health Association.-- 12 (1) There is created a nonprofit legal entity to be 13 known as the "Florida Comprehensive Health Association." All 14 insurers, as a condition of doing business, shall be members 15 of the association. 16 (2)(a) The association shall operate subject to the 17 supervision and approval of a five-member three-member board 18 of directors consisting of the Insurance Commissioner, or his 19 or her designee, who shall serve as chairperson of the board, 20 and four additional members who must be state residents. At 21 least one member must be a representative of an authorized 22 health insurer or health maintenance organization authorized 23 to transact business in this state. The board of directors 24 shall be appointed by the Insurance Commissioner as follows: 25 1. The chair of the board shall be the Insurance 26 Commissioner or his or her designee. 27 2. One representative of policyholders who is not 28 associated with the medical profession, a hospital, or an 29 insurer. 30 3. One representative of insurers. 31 8 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 The administrator or his or her affiliate shall not be a 2 member of the board. Any board member appointed by the 3 commissioner may be removed and replaced by him or her at any 4 time without cause. 5 (b) All board members, including the chair, shall be 6 appointed to serve for staggered 3-year terms beginning on a 7 date as established in the plan of operation. 8 (c) The board of directors may shall have the power to 9 employ or retain such persons as are necessary to perform the 10 administrative and financial transactions and responsibilities 11 of the association and to perform other necessary and proper 12 functions not prohibited by law. Employees of the association 13 shall be reimbursed as provided in s. 112.061 from moneys of 14 the association for expenses incurred in carrying out their 15 responsibilities under this act. 16 (d) Board members may be reimbursed as provided in s. 17 112.061 from moneys of the association for actual and 18 necessary expenses incurred by them as members in carrying out 19 their responsibilities under the Florida Comprehensive Health 20 Association Act, but may not otherwise be compensated for 21 their services. 22 (e) There shall be no liability on the part of, and no 23 cause of action of any nature shall arise against, any member 24 insurer, or its agents or employees, agents or employees of 25 the association, members of the board of directors of the 26 association, or the departmental representatives for any act 27 or omission taken by them in the performance of their powers 28 and duties under this act, unless such act or omission by such 29 person is in intentional disregard of the rights of the 30 claimant. 31 (f) Meetings of the board are subject to s. 286.011. 9 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 (3) The association shall adopt a plan pursuant to 2 this act and submit its articles, bylaws, and operating rules 3 to the department for approval. If the association fails to 4 adopt such plan and suitable articles, bylaws, and operating 5 rules within 180 days after the appointment of the board, the 6 department shall adopt rules to effectuate the provisions of 7 this act; and such rules shall remain in effect until 8 superseded by a plan and articles, bylaws, and operating rules 9 submitted by the association and approved by the department. 10 Such plan shall be reviewed, revised as necessary, and 11 annually submitted to the department for approval. 12 (4) The association shall: 13 (a) Establish administrative and accounting procedures 14 and internal controls for the operation of the association and 15 provide for an annual financial audit of the association by an 16 independent certified public accountant licensed pursuant to 17 chapter 473. 18 (b) Establish procedures under which applicants and 19 participants in the plan may have grievances reviewed by an 20 impartial body and reported to the board. Individuals 21 receiving care through the association under contract from a 22 health maintenance organization must follow the grievance 23 procedures established in ss. 408.7056 and 641.31(5). 24 (c) Select an administrator in accordance with s. 25 627.649. 26 (d) Collect assessments from all insurers to provide 27 for operating losses incurred or estimated to be incurred 28 during the period for which the assessment is made. The level 29 of payments shall be established by the board, as formulated 30 in s. 627.6492(1). Annual assessment of the insurers for each 31 calendar year shall occur as soon thereafter as the operating 10 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 results of the plan for the calendar year and the earned 2 premiums of insurers being assessed for that year are known. 3 Annual assessments are due and payable within 30 days of 4 receipt of the assessment notice by the insurer. 5 (e) Require that all policy forms issued by the 6 association conform to standard forms developed by the 7 association. The forms shall be approved by the department. 8 (f) Develop and implement a program to publicize the 9 existence of the plan, the eligibility requirements for the 10 plan, and the procedures for enrollment in the plan and to 11 maintain public awareness of the plan. 12 (g) Design and employ cost containment measures and 13 requirements which may include preadmission certification, 14 home health care, hospice care, negotiated purchase of medical 15 and pharmaceutical supplies, and individual case management. 16 (h) Contract with preferred provider organizations and 17 health maintenance organizations giving due consideration to 18 the preferred provider organizations and health maintenance 19 organizations which have contracted with the state group 20 health insurance program pursuant to s. 110.123. If 21 cost-effective and available in the county where the 22 policyholder resides, the board, upon application or renewal 23 of a policy, shall place a high-risk individual, as 24 established under s. 627.6498(4)(a)4., with the plan case 25 manager who shall determine the most cost-effective quality 26 care system or health care provider and shall place the 27 individual in such system or with such health care provider. 28 If cost-effective and available in the county where the 29 policyholder resides, the board, with the consent of the 30 policyholder, may place a low-risk or medium-risk individual, 31 as established under s. 627.6498(4)(a)4., with the plan case 11 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 manager who may determine the most cost-effective quality care 2 system or health care provider and shall place the individual 3 in such system or with such health care provider. Prior to and 4 during the implementation of case management, the plan case 5 manager shall obtain input from the policyholder, parent, or 6 guardian. 7 (h)(i) Make a report to the Governor, the President of 8 the Senate, the Speaker of the House of Representatives, and 9 the Minority Leaders of the Senate and the House of 10 Representatives not later than March 1 October 1 of each year. 11 The report shall summarize the activities of the plan for the 12 prior fiscal 12-month period ending July 1 of that year, 13 including then-current data and estimates as to net written 14 and earned premiums, the expense of administration, and the 15 paid and incurred losses for the year. The report shall also 16 include analysis and recommendations for legislative changes 17 regarding utilization review, quality assurance, an evaluation 18 of the administrator of the plan, access to cost-effective 19 health care, and cost containment/case management policy and 20 recommendations concerning the opening of enrollment to new 21 entrants as of July 1, 1992. 22 (i)(j) Make a report to the Governor, the Insurance 23 Commissioner, the President of the Senate, the Speaker of the 24 House of Representatives, and the Minority Leaders of the 25 Senate and House of Representatives, not later than 45 days 26 after the close of each calendar quarter, which includes, for 27 the prior quarter, current data and estimates of net written 28 and earned premiums, the expenses of administration, and the 29 paid and incurred losses. The report shall identify any 30 statutorily mandated program that has not been fully 31 implemented by the board. 12 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 (j)(k) To facilitate preparation of assessments and 2 for other purposes, the board shall engage an independent 3 certified public account licensed pursuant to chapter 473 to 4 conduct an annual financial audit of the association direct 5 preparation of annual audited financial statements for each 6 calendar year as soon as feasible following the conclusion of 7 that calendar year, and shall, within 30 days after the 8 issuance rendition of such statements, file with the 9 department the annual report containing such information as 10 required by the department to be filed on March 1 of each 11 year. 12 (k)(l) Employ a plan case manager or managers to 13 supervise and manage the medical care or coordinate the 14 supervision and management of the medical care, with the 15 administrator, of specified individuals. The plan case 16 manager, with the approval of the board, shall have final 17 approval over the case management for any specific individual. 18 If cost-effective and available in the county where the 19 policyholder resides, the association, upon application or 20 renewal of a policy, may place an individual with the plan 21 case manager, who shall determine the most cost-effective 22 quality care system or health care provider and shall place 23 the individual in such system or with such health care 24 provider. Prior to and during the implementation of case 25 management, the plan case manager shall obtain input from the 26 policyholder, parent, or guardian and the health care 27 providers. 28 (l) Administer the association in a fiscally 29 responsible manner that ensures that its expenditures are 30 reasonable in relation to the services provided and that the 31 financial resources of the association are adequate to meet 13 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 its obligations. 2 (m) At least annually, but no more than quarterly, 3 evaluate or cause to be evaluated the actuarial soundness of 4 the association. The association shall contract with an 5 actuary to evaluate the pool of insureds in the association 6 and monitor the financial condition of the association. The 7 actuary shall determine the feasibility of enrolling new 8 members in the association, which must be based on the 9 projected revenues and expenses of the association. 10 (n) Restrict at any time the number of participants in 11 the association based on a determination by the board that the 12 revenues will be inadequate to fund new participants. However, 13 any person denied participation solely on the basis of such 14 restriction must be granted priority for participation in the 15 succeeding period in which the association is reopened for 16 participants. Effective April 1, 2002, the association may 17 provide coverage for up to 500 persons for the period ending 18 December 31, 2002. On or after January 1, 2003, the 19 association may enroll an additional 1,500 persons. At no time 20 may the association provide coverage for more than 2,000 21 persons. Except as provided in s. 627.6486(2)(j), applications 22 for enrollment must be processed on a first-in, first-out 23 basis. 24 (o) Establish procedures to maintain separate accounts 25 and recordkeeping for policyholders prior to January 1, 2002, 26 and policyholders issued coverage on and after January 1, 27 2002. 28 (p) Appoint an executive director to serve as the 29 chief administrative and operational officer of the 30 association and operate within the specifications of the plan 31 of operation and perform other duties assigned to him or her 14 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 by the board. 2 (5) The association may: 3 (a) Exercise powers granted to insurers under the laws 4 of this state. 5 (b) Sue or be sued. 6 (c) In addition to imposing annual assessments under 7 paragraph (4)(d), levy interim assessments against insurers to 8 ensure the financial ability of the plan to cover claims 9 expenses and administrative expenses paid or estimated to be 10 paid in the operation of the plan for a calendar year prior to 11 the association's anticipated receipt of annual assessments 12 for that calendar year. Any interim assessment shall be due 13 and payable within 30 days after of receipt by an insurer of 14 an interim assessment notice. Interim assessment payments 15 shall be credited against the insurer's annual assessment. 16 Such assessments may be levied only for costs and expenses 17 associated with policyholders insured with the association 18 prior to January 1, 2002. 19 (d) Prepare or contract for a performance audit of the 20 administrator of the association. 21 (e) Appear in its own behalf before boards, 22 commissions, or other governmental agencies. 23 (f) Solicit and accept gifts, grants, loans, and other 24 aid from any source or participate in any way in any 25 government program to carry out the purposes of the Florida 26 Comprehensive Health Association Act. 27 (g) Require and collect administrative fees and 28 charges in connection with any transaction and impose 29 reasonable penalties, including default, for delinquent 30 payments or for entering into the association on a fraudulent 31 basis. 15 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 (h) Procure insurance against any loss in connection 2 with the property, assets, and activities of the association 3 or the board. 4 (i) Contract for necessary goods and services; employ 5 necessary personnel; and engage the services of private 6 consultants, actuaries, managers, legal counsel, and 7 independent certified public accountants for administrative or 8 technical assistance. 9 (6) The department shall examine and investigate the 10 association in the manner provided in part II of chapter 624. 11 Section 5. Paragraph (b) of subsection (3) of section 12 627.649, Florida Statutes, is amended to read: 13 627.649 Administrator.-- 14 (3) The administrator shall: 15 (b) Pay an agent's referral fee as established by the 16 board to each insurance agent who refers an applicant to the 17 plan, if the applicant's application is accepted. The selling 18 or marketing of plans shall not be limited to the 19 administrator or its agents. Any agent must be licensed by the 20 department to sell health insurance in this state. The 21 referral fees shall be paid by the administrator from moneys 22 received as premiums for the plan. 23 Section 6. Section 627.6492, Florida Statutes, is 24 amended to read: 25 627.6492 Participation of insurers.-- 26 (1)(a) As a condition of doing business in this state 27 an insurer shall pay an assessment to the board, in the amount 28 prescribed by this section. Subsections (1), (2), and (3) 29 apply only to the costs and expenses associated with 30 policyholders insured with the association prior to January 1, 31 2002, including renewal of coverage for such policyholders 16 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 after that date. For operating losses incurred in any 2 calendar year on July 1, 1991, and thereafter, each insurer 3 shall annually be assessed by the board in the following 4 calendar year a portion of such incurred operating losses of 5 the plan; such portion shall be determined by multiplying such 6 operating losses by a fraction, the numerator of which equals 7 the insurer's earned premium pertaining to direct writings of 8 health insurance in the state during the calendar year 9 preceding that for which the assessment is levied, and the 10 denominator of which equals the total of all such premiums 11 earned by participating insurers in the state during such 12 calendar year. 13 (b) For operating losses incurred from July 1, 1991, 14 through December 31, 1991, the total of all assessments upon a 15 participating insurer shall not exceed .375 percent of such 16 insurer's health insurance premiums earned in this state 17 during 1990. For operating losses incurred in 1992 and 18 thereafter, The total of all assessments upon a participating 19 insurer shall not exceed 1 percent of such insurer's health 20 insurance premium earned in this state during the calendar 21 year preceding the year for which the assessments were levied. 22 (c) For operating losses incurred from October 1, 23 1990, through June 30, 1991, the board shall assess each 24 insurer in the amount and manner prescribed by chapter 90-334, 25 Laws of Florida. The maximum assessment against an insurer, as 26 provided in such act, shall apply separately to the claims 27 incurred in 1990 (October 1 through December 31) and the 28 claims incurred in 1991 (January 1 through June 30). For 29 operating losses incurred on January 1, 1991, through June 30, 30 1991, the maximum assessment against an insurer shall be 31 one-half of the amount of the maximum assessment specified for 17 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 such insurer in former s. 627.6492(1)(b), 1990 Supplement, as 2 amended by chapter 90-334, Laws of Florida. 3 (c)(d) All rights, title, and interest in the 4 assessment funds collected shall vest in this state. However, 5 all of such funds and interest earned shall be used by the 6 association to pay claims and administrative expenses. 7 (2) If assessments and other receipts by the 8 association, board, or administrator exceed the actual losses 9 and administrative expenses of the plan, the excess shall be 10 held at interest and used by the board to offset future 11 losses. As used in this subsection, the term "future losses" 12 includes reserves for claims incurred but not reported. 13 (3) Each insurer's assessment shall be determined 14 annually by the association based on annual statements and 15 other reports deemed necessary by the association and filed 16 with it by the insurer. Any deficit incurred under the plan 17 shall be recouped by assessments against participating 18 insurers by the board in the manner provided in subsection 19 (1); and the insurers may recover the assessment in the normal 20 course of their respective businesses without time limitation. 21 (4)(a) This subsection applies only to those costs and 22 expenses of the association related to persons whose coverage 23 begins after January 1, 2002. As a condition of doing business 24 in this state, every insurer shall pay an amount determined by 25 the board of up to 25 cents per month for each individual 26 policy or covered group subscriber insured in this state, not 27 including covered dependents, under a health insurance policy, 28 certificate, or other evidence of coverage that is issued for 29 a resident of this state and shall file the information with 30 the association as required pursuant to paragraph (d). Any 31 insurer who neglects, fails, or refuses to collect the fee 18 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 shall be liable for and pay the fee. The fee shall not be 2 subject to the provisions of s. 624.509. 3 (b) For purposes of this subsection, health insurance 4 does not include accident only, specified disease, individual 5 hospital indemnity, credit, dental-only, vision-only, Medicare 6 supplement, long-term care, nursing home care, home health 7 care, community-based care, or disability income insurance; 8 similar supplemental plans provided under a separate policy, 9 certificate, or contract of insurance, which cannot duplicate 10 coverage under an underlying health plan and are specifically 11 designed to fill gaps in the underlying health plan, 12 coinsurance, or deductibles; any policy covering 13 medical-payment coverage or personal injury protection 14 coverage in a motor vehicle policy; coverage issued as a 15 supplement to liability insurance; or workers' compensation 16 insurance. For the purposes of this subsection, the term 17 "insurer" as defined in s. 627.6482(7) also includes 18 administrators licensed pursuant to s. 626.8805, and any 19 insurer defined in s. 627.6482(7) from whom any person 20 providing health insurance to Florida residents procures 21 insurance for itself in the insurer, with respect to all or 22 part of the health insurance risk of the person, or provides 23 administrative services only. This definition of insurer 24 excludes self-insured, employee welfare benefit plans that are 25 not regulated by the Florida Insurance Code pursuant to the 26 Employee Retirement Income Security Act of 1974, Pub. L. No. 27 93-406, as amended. However, this definition of insurer 28 includes multiple employer welfare arrangements as provided 29 for in the Employee Retirement Income Security Act of 1974, 30 Pub. L. No. 93-406, as amended. Each covered group subscriber, 31 without regard to covered dependents of the subscriber, shall 19 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 be counted only once with respect to any assessment. For that 2 purpose, the board shall allow an insurer as defined by this 3 subsection to exclude from its number of covered group 4 subscribers those who have been counted by any primary insurer 5 providing health insurance coverage pursuant to s. 624.603. 6 (c) The calculation shall be determined as of December 7 31 of each year and shall include all policies and covered 8 subscribers, not including covered dependents of the 9 subscribers, insured at any time during the year, calculated 10 for each month of coverage. The payment is payable to the 11 association no later than April 1 of the subsequent year. The 12 first payment shall be forwarded to the association no later 13 than April 1, 2002, covering the period of October 1, 2001, 14 through December 31, 2001. 15 (d) The payment of such funds shall be submitted to 16 the association accompanied by a form prescribed by the 17 association and adopted in the plan of operation. The form 18 shall identify the number of covered lives for different types 19 of health insurance products and the number of months of 20 coverage. 21 (e) Beginning October 1, 2001, the fee paid to the 22 association may be charged by the health insurer directly to 23 each policyholder, insured member, or subscriber and is not 24 part of the premium subject to the department's review and 25 approval. Nonpayment of the fee shall be considered nonpayment 26 of premium for purposes of s. 627.6043. 27 Section 7. Section 627.6498, Florida Statutes, is 28 amended to read: 29 627.6498 Minimum benefits coverage; exclusions; 30 premiums; deductibles.-- 31 (1) COVERAGE OFFERED.-- 20 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 (a) The plan shall offer in an annually a semiannually 2 renewable policy the coverage specified in this section for 3 each eligible person. For applications accepted on or after 4 June 7, 1991, but before July 1, 1991, coverage shall be 5 effective on July 1, 1991, and shall be renewable on January 6 1, 1992, and every 6 months thereafter. Policies in existence 7 on June 7, 1991, shall, upon renewal, be for a term of less 8 than 6 months that terminates and becomes subject to 9 subsequent renewal on the next succeeding January 1 or July 1, 10 whichever is sooner. 11 (b) If an eligible person is also eligible for 12 Medicare coverage, the plan shall not pay or reimburse any 13 person for expenses paid by Medicare. 14 (c) Any person whose health insurance coverage is 15 involuntarily terminated for any reason other than nonpayment 16 of premium may apply for coverage under the plan. If such 17 coverage is applied for within 60 days after the involuntary 18 termination and if premiums are paid for the entire period of 19 coverage, the effective date of the coverage shall be the date 20 of termination of the previous coverage. 21 (b)(d) The plan shall provide that, upon the death or 22 divorce of the individual in whose name the contract was 23 issued, every other person then covered in the contract may 24 elect within 60 days to continue under the same or a different 25 contract. 26 (c)(e) No coverage provided to a person who is 27 eligible for Medicare benefits shall be issued as a Medicare 28 supplement policy as defined in s. 627.672. 29 (2) BENEFITS.-- 30 (a) The plan must offer coverage to every eligible 31 person subject to limitations set by the association. The 21 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 coverage offered must pay an eligible person's covered 2 expenses, subject to limits on the deductible and coinsurance 3 payments authorized under subsection (4). The lifetime 4 benefits limit for such coverage shall be $500,000. However, 5 policyholders of association policies issued prior to 1992 are 6 entitled to continued coverage at the benefit level 7 established prior to January 1, 2002. Only the premium, 8 deductible, and coinsurance amounts may be modified as 9 determined necessary by the board. The plan shall offer major 10 medical expense coverage similar to that provided by the state 11 group health insurance program as defined in s. 110.123 except 12 as specified in subsection (3) to every eligible person who is 13 not eligible for Medicare. Major medical expense coverage 14 offered under the plan shall pay an eligible person's covered 15 expenses, subject to limits on the deductible and coinsurance 16 payments authorized under subsection (4), up to a lifetime 17 limit of $500,000 per covered individual. The maximum limit 18 under this paragraph shall not be altered by the board, and no 19 actuarially equivalent benefit may be substituted by the 20 board. 21 (b) The plan shall provide that any policy issued to a 22 person eligible for Medicare shall be separately rated to 23 reflect differences in experience reasonably expected to occur 24 as a result of Medicare payments. 25 (3) COVERED EXPENSES.-- 26 (a) The board shall establish the coverage to be 27 issued by the association. 28 (b) If the coverage is being issued to an eligible 29 individual as defined in s. 627.6487, the individual shall be 30 offered, at the option of the individual, the basic and the 31 standard health benefit plan as established in s. 627.6699. 22 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 The coverage to be issued by the association shall be 2 patterned after the state group health insurance program as 3 defined in s. 110.123, including its benefits, exclusions, and 4 other limitations, except as otherwise provided in this act. 5 The plan may cover the cost of experimental drugs which have 6 been approved for use by the Food and Drug Administration on 7 an experimental basis if the cost is less than the usual and 8 customary treatment. Such coverage shall only apply to those 9 insureds who are in the case management system upon the 10 approval of the insured, the case manager, and the board. 11 (4) PREMIUMS AND, DEDUCTIBLES, AND COINSURANCE.-- 12 (a) The plan shall provide for annual deductibles for 13 major medical expense coverage in the amount of $1,000 or any 14 higher amounts proposed by the board and approved by the 15 department, plus the benefits payable under any other type of 16 insurance coverage or workers' compensation. The schedule of 17 premiums and deductibles shall be established by the board 18 association. With regard to any preferred provider arrangement 19 utilized by the association, the deductibles provided in this 20 paragraph shall be the minimum deductibles applicable to the 21 preferred providers and higher deductibles, as approved by the 22 department, may be applied to providers who are not preferred 23 providers. 24 1. Separate schedules of premium rates based on age 25 may apply for individual risks. 26 2. Rates are subject to approval by the department 27 pursuant to ss. 627.410 and 627.411, except as provided by 28 this section. The board shall revise premium schedules 29 annually, beginning January 2002. 30 3. Standard risk rates for coverages issued by the 31 association shall be established by the department, pursuant 23 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 to s. 627.6675(3). 2 3.4. The board shall establish three premium schedules 3 based upon an individual's family income: 4 a. Schedule A is applicable to an individual whose 5 family income exceeds the allowable amount for determining 6 eligibility under the Medicaid program, up to and including 7 200 percent of the Federal Poverty Level. Premiums for a 8 person under this schedule may not exceed 150 percent of the 9 standard risk rate. 10 b. Schedule B is applicable to an individual whose 11 family income exceeds 200 percent but is less than 300 percent 12 of the Federal Poverty Level. Premiums for a person under this 13 schedule may not exceed 250 percent of the standard risk rate. 14 c. Schedule C is applicable to an individual whose 15 family income is equal to or greater than 300 percent of the 16 Federal Poverty Level. Premiums for a person under this 17 schedule may not exceed 300 percent of the standard risk rate. 18 establish separate premium schedules for low-risk individuals, 19 medium-risk individuals, and high-risk individuals and shall 20 revise premium schedules annually beginning January 1999. 21 4. The standard risk rate shall be determined by the 22 department pursuant to s. 627.6675(3). The rate shall be 23 adjusted for benefit differences. No rate shall exceed 200 24 percent of the standard risk rate for low-risk individuals, 25 225 percent of the standard risk rate for medium-risk 26 individuals, or 250 percent of the standard risk rate for 27 high-risk individuals. For the purpose of determining what 28 constitutes a low-risk individual, medium-risk individual, or 29 high-risk individual, the board shall consider the anticipated 30 claims payment for individuals based upon an individual's 31 health condition. 24 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 (b) If the covered costs incurred by the eligible 2 person exceed the deductible for major medical expense 3 coverage selected by the person in a policy year, the plan 4 shall pay in the following manner: 5 1. For individuals placed under case management, the 6 plan shall pay 90 percent of the additional covered costs 7 incurred by the person during the policy year for the first 8 $10,000, after which the plan shall pay 100 percent of the 9 covered costs incurred by the person during the policy year. 10 2. For individuals utilizing the preferred provider 11 network, the plan shall pay 80 percent of the additional 12 covered costs incurred by the person during the policy year 13 for the first $10,000, after which the plan shall pay 90 14 percent of covered costs incurred by the person during the 15 policy year. 16 3. If the person does not utilize either the case 17 management system or the preferred provider network, the plan 18 shall pay 60 percent of the additional covered costs incurred 19 by the person for the first $10,000, after which the plan 20 shall pay 70 percent of the additional covered costs incurred 21 by the person during the policy year. 22 (5) PREEXISTING CONDITIONS.--An association policy 23 shall may contain provisions under which coverage is excluded 24 during a period of 12 months following the effective date of 25 coverage with respect to a given covered individual for any 26 preexisting condition, as long as: 27 (a) The condition manifested itself within a period of 28 6 months before the effective date of coverage; or 29 (b) Medical advice or treatment was recommended or 30 received within a period of 6 months before the effective date 31 of coverage. 25 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 2 This subsection does not apply to an eligible individual as 3 defined in s. 627.6487. 4 (6) OTHER SOURCES PRIMARY.-- 5 (a) No amounts paid or payable by Medicare or any 6 other governmental program or any other insurance, or 7 self-insurance maintained in lieu of otherwise statutorily 8 required insurance, may be made or recognized as claims under 9 such policy or be recognized as or towards satisfaction of 10 applicable deductibles or out-of-pocket maximums or to reduce 11 the limits of benefits available. 12 (b) The association has a cause of action against a 13 participant for any benefits paid to the participant which 14 should not have been claimed or recognized as claims because 15 of the provisions of this subsection or because otherwise not 16 covered. 17 (7) NONENTITLEMENT.--The Florida Comprehensive Health 18 Association Act does not provide an individual with an 19 entitlement to health care services or health insurance. A 20 cause of action does not arise against the state, the board, 21 or the association for failure to make health services or 22 health insurance available under the Florida Comprehensive 23 Health Association Act. 24 Section 8. The Legislature finds that the provisions 25 of this act fulfill an important state interest. 26 Section 9. The amendments in this act to section 27 627.6487, Florida Statutes, shall not take effect unless the 28 Health Care Financing Administration of the U.S. Department of 29 Health and Human Services approves this act as providing an 30 acceptable alternative mechanism, as provided in the Public 31 Health Service Act. 26 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 Section 10. Effective January 1, 2002, section 2 627.6484, Florida Statutes, is repealed. 3 Section 11. Except as otherwise expressly provided in 4 this act, this act shall take effect July 1, 2001. 5 6 7 ================ T I T L E A M E N D M E N T =============== 8 And the title is amended as follows: 9 remove from the title of the bill: the entire title 10 11 and insert in lieu thereof: 12 An act relating to health insurance; amending 13 s. 627.6482, F.S.; amending definitions used in 14 the Florida Comprehensive Health Association 15 Act; amending s. 627.6486, F.S.; revising the 16 criteria for eligibility for coverage from the 17 association; providing for cessation of 18 coverage; requiring all eligible persons to 19 agree to be placed in a case-management system; 20 amending s. 627.6487, F.S.; redefining the term 21 "eligible individual" for purposes of 22 guaranteed availability of individual health 23 insurance coverage; providing that a person is 24 not eligible if the person is eligible for 25 coverage under the Florida Comprehensive Health 26 Association; amending s. 627.6488, F.S.; 27 revising the membership of the board of 28 directors of the association; revising the 29 reimbursement of board members and employees; 30 requiring that the plan of the association be 31 submitted to the department for approval on an 27 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 annual basis; revising the duties of the 2 association related to administrative and 3 accounting procedures; requiring an annual 4 financial audit; specifying grievance 5 procedures; establishing a premium schedule 6 based upon an individual's family income; 7 deleting requirements for categorizing insureds 8 as low-risk, medium-risk, and high-risk; 9 authorizing the association to place an 10 individual with a case manager who determines 11 the health care system or provider; requiring 12 an annual review of the actuarial soundness of 13 the association and the feasibility of 14 enrolling new members; requiring a separate 15 account for policyholders insured prior to a 16 specified date; requiring appointment of an 17 executive director with specified duties; 18 authorizing the board to restrict the number of 19 participants based on inadequate funding; 20 limiting enrollment; specifying other powers of 21 the board; amending s. 627.649, F.S.; revising 22 the requirements for the association to use in 23 selecting an administrator; amending s. 24 627.6492, F.S.; requiring insurers to be 25 members of the association and to be subject to 26 assessments for operating expenses; limiting 27 assessments to specified maximum amounts; 28 specifying when assessments are calculated and 29 paid; allowing certain assessments to be 30 charged by the health insurer directly to each 31 insured, member, or subscriber and to not be 28 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735
HOUSE AMENDMENT Bill No. HB 1373 Barcode 151735 Amendment No. 1 (for drafter's use only) 1 subject to department review or approval; 2 amending s. 627.6498, F.S.; revising the 3 coverage, benefits, covered expenses, premiums, 4 and deductibles of the association; requiring 5 preexisting condition limitations; providing 6 that the act does not provide an entitlement to 7 health care services or health insurance and 8 does not create a cause of action; limiting 9 enrollment in the association; repealing s. 10 627.6484, F.S., relating to a prohibition on 11 the Florida Comprehensive Health Association 12 from accepting applications for coverage after 13 a certain date; making a legislative finding 14 that the provisions of this act fulfill an 15 important state interest; providing that the 16 amendments to s. 627.6487, F.S., do not take 17 effect unless approved by the U.S. Health Care 18 Financing Administration; providing effective 19 dates. 20 21 22 23 24 25 26 27 28 29 30 31 29 File original & 9 copies 04/03/01 hci0001 11:15 am 01373-hp -151735