House Bill hb0135B

    Florida House of Representatives - 2001               HB 135-B

        By Representative Waters






  1                      A bill to be entitled

  2         An act relating to health insurance for persons

  3         called to active military duty; amending s.

  4         627.6692, F.S.; specifying that the termination

  5         of employment of an employee after a period of

  6         active military duty constitutes a separate

  7         qualifying event for purposes of allowing the

  8         employee to elect to continue coverage under

  9         the employer's group health plan; providing for

10         an additional benefits period under certain

11         circumstances; specifying additional separate

12         and distinct qualifying events; providing that

13         the maximum time period for which coverage may

14         be continued under an employer's group health

15         plan for an individual who has elected coverage

16         and who is called to active military duty shall

17         be tolled for the time that the individual is

18         covered under the federal TRICARE health care

19         program; providing a time period within which

20         the individual may elect to continue coverage

21         under the employer's group health plan after

22         TRICARE coverage terminates; providing an

23         effective date.

24

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

26

27         Section 1.  Paragraphs (h), (i), and (j) are added to

28  subsection (5) of section 627.6692, Florida Statutes, to read:

29         627.6692  Florida Health Insurance Coverage

30  Continuation Act.--

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    Florida House of Representatives - 2001               HB 135-B

    722-142A-01






  1         (5)  CONTINUATION OF COVERAGE UNDER GROUP HEALTH

  2  PLANS.--

  3         (h)  If a covered employee is in the military reserve

  4  or National Guard and is called to active duty and the

  5  employee's employment is terminated either after or during the

  6  active duty period, the termination is a separate qualifying

  7  event, distinct from the qualifying event that may have

  8  occurred when the employee was called to active duty, and the

  9  employee and other qualified beneficiaries are eligible for a

10  new 18-month benefit period beginning on the later of the date

11  active duty ends or the date of termination of employment.

12         (i)  If a covered employee is in the military reserve

13  or National Guard, is called to active duty, and:

14         1.  The employee dies during the period of active duty;

15         2.  There is a divorce or legal separation of the

16  covered employee from the covered employee's spouse; or

17         3.  A dependent child ceases to be a dependent child

18  under the requirements of the employer's group health plan,

19

20  such events are qualifying events distinct from the qualifying

21  event that may have occurred when the employee was called to

22  active duty.

23         (j)  Notwithstanding paragraph (b), if a qualified

24  beneficiary in the military reserve or National Guard has

25  elected to continue coverage and is thereafter called to

26  active duty and the coverage under the group plan is

27  terminated by the beneficiary or the carrier due to the

28  qualified beneficiary becoming eligible for TRICARE (the

29  health care program provided by the U.S. Defense Department),

30  the 18-month period or such other applicable maximum time

31  period for which the qualified beneficiary would otherwise be

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    Florida House of Representatives - 2001               HB 135-B

    722-142A-01






  1  entitled to continue coverage is tolled during the time that

  2  he or she is covered under the TRICARE program. Within 30 days

  3  after the federal TRICARE coverage terminates, the qualified

  4  beneficiary may elect to continue coverage under the group

  5  health plan, retroactively to the date coverage terminated

  6  under TRICARE, for the remainder of the 18-month period or

  7  such other applicable time period, subject to termination of

  8  coverage at the earliest of the conditions specified in

  9  paragraph (b).

10         Section 2.  This act shall take effect upon becoming a

11  law.

12

13            *****************************************

14                          HOUSE SUMMARY

15
      Specifies that the termination of employment of an
16    employee after a period of active military duty
      constitutes a separate qualifying event for purposes of
17    allowing the employee to elect to continue coverage under
      the employer's group health plan and provides eligibility
18    for a new 18-month benefit period. Specifies death,
      divorce, or the cessation of dependence of a child during
19    active duty as separate and distinct additional
      qualifying events. Provides that the maximum time period
20    for which coverage may be continued under an employer's
      group health plan for an individual who has elected
21    coverage and who is called to active military duty shall
      be tolled for the time that the individual is covered
22    under the TRICARE health care program. Provides a time
      period within which the individual may elect to continue
23    coverage under the employer's group health plan after
      TRICARE coverage terminates.
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CODING: Words stricken are deletions; words underlined are additions.