House Bill hb0111

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    Florida House of Representatives - 2002                 HB 111

        By Representative Murman






  1                      A bill to be entitled

  2         An act relating to health flex plans; making

  3         legislative findings and providing legislative

  4         intent; providing definitions; providing for a

  5         pilot program for health flex plans for certain

  6         uninsured persons; providing criteria;

  7         exempting approved health flex plans from

  8         certain licensing requirements; providing

  9         criteria for eligibility to enroll in a health

10         flex plan; requiring health flex plan providers

11         to maintain certain records; providing

12         requirements for denial, nonrenewal, or

13         cancellation of coverage; specifying that

14         coverage under an approved health flex plan is

15         not an entitlement; providing for civil actions

16         against health plan entities by the Agency for

17         Health Care Administration under certain

18         circumstances; providing an effective date.

19

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

21

22         Section 1.  Health flex plans.--

23         (1)  INTENT.--The Legislature finds that a significant

24  portion of state residents are not able to obtain affordable

25  health insurance coverage. Therefore, it is the intent of the

26  Legislature to expand the availability of health care options

27  for lower-income uninsured state residents by encouraging

28  health insurers, health maintenance organizations, health care

29  provider-sponsored organizations, local governments, health

30  care districts, and other public or private community-based

31  organizations to develop alternative approaches to traditional

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    Florida House of Representatives - 2002                 HB 111

    583-239-02






  1  health insurance which emphasize coverage for basic and

  2  preventive health care services. To the maximum extent

  3  possible, these options should be coordinated with existing

  4  governmental or community-based health services programs in a

  5  manner that is consistent with the objectives and requirements

  6  of such programs.

  7         (2)  DEFINITIONS.--As used in this section, the term:

  8         (a)  "Agency" means the Agency for Health Care

  9  Administration.

10         (b)  "Approved plan" means a health flex plan approved

11  under subsection (3) which guarantees payment by the health

12  plan entity for specified health care services provided to the

13  enrollee.

14         (c)  "Enrollee" means an individual who has been

15  determined eligible for and is receiving health benefits under

16  a health flex plan approved under this section.

17         (d)  "Health care coverage" means payment for health

18  care services covered as benefits under an approved plan or

19  which otherwise provides, either directly or through

20  arrangements with other persons, covered health care services

21  on a prepaid per capita basis or on a prepaid aggregate

22  fixed-sum basis.

23         (e)  "Health plan entity" means a health insurer,

24  health maintenance organization, health care

25  provider-sponsored organization, local government, health care

26  district, or other public or private community-based

27  organization that develops and implements an approved plan and

28  is responsible for financing and paying all claims by

29  enrollees of the plan.

30         (3)  PILOT PROGRAM.--The agency and the Department of

31  Insurance shall jointly approve or disapprove health flex

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    Florida House of Representatives - 2002                 HB 111

    583-239-02






  1  plans that provide health care coverage for eligible

  2  participants residing in the three areas of the state having

  3  the highest number of uninsured residents as determined by the

  4  agency. A plan may limit or exclude benefits otherwise

  5  required by law for insurers offering coverage in this state,

  6  cap the total amount of claims paid in 1 year per enrollee, or

  7  limit the number of enrollees covered. The agency and the

  8  Department of Insurance shall not approve, or shall withdraw

  9  approval of, plans that:

10         (a)  Contain any ambiguous, inconsistent, or misleading

11  provisions or any exceptions or conditions that deceptively

12  affect or limit the benefits purported to be assumed in the

13  general coverage provided by the plan;

14         (b)  Provide benefits that are unreasonable in relation

15  to the premium charged, contain provisions that are unfair or

16  inequitable or contrary to the public policy of this state,

17  that encourage misrepresentation, or that result in unfair

18  discrimination in sales practices; or

19         (c)  Cannot demonstrate that the plan is financially

20  sound and that the applicant has the ability to underwrite or

21  finance the benefits provided.

22         (4)  LICENSE NOT REQUIRED.--A health flex plan approved

23  under this section is not subject to the licensing

24  requirements of the Florida Insurance Code or chapter 641,

25  Florida Statutes, relating to health maintenance

26  organizations, unless expressly made applicable. However, for

27  the purposes of prohibiting unfair trade practices, health

28  flex plans shall be considered insurance subject to the

29  applicable provisions of part IX of chapter 626, Florida

30  Statutes, except as otherwise provided in this section.

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    Florida House of Representatives - 2002                 HB 111

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  1         (5)  ELIGIBILITY.--Eligibility to enroll in an approved

  2  health flex plan is limited to Florida residents who:

  3         (a)  Are 64 years of age or younger;

  4         (b)  Have a family income equal to or less than 200

  5  percent of the federal poverty level;

  6         (c)  Are not covered by a private insurance policy and

  7  are not eligible for coverage through a public health

  8  insurance program such as Medicare or Medicaid or another

  9  public health care program, including, but not limited to,

10  KidCare; and have not been covered at any time during the

11  preceding 6 months; and

12         (d)  Have applied for health care benefits through an

13  approved health flex plan and agree to make any payments

14  required for participation, including, but not limited to,

15  periodic payments or payments due at the time health care

16  services are provided.

17         (6)  RECORDS.--Every health plan entity shall maintain

18  reasonable records of its loss, expense, and claims experience

19  and shall make such records reasonably available to enable the

20  agency and the Department of Insurance to monitor and

21  determine the financial viability of the plan, as necessary.

22         (7)  NOTICE.--The denial of coverage by the health plan

23  entity, or nonrenewal or cancellation of coverage, must be

24  accompanied by the specific reasons for denial, nonrenewal, or

25  cancellation. Notice of nonrenewal or cancellation shall be

26  provided at least 45 days in advance of such nonrenewal or

27  cancellation, except that 10 days' written notice shall be

28  given for cancellation due to nonpayment of premiums. If the

29  health plan entity fails to give the required notice, the plan

30  shall remain in effect until notice is appropriately given.

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    Florida House of Representatives - 2002                 HB 111

    583-239-02






  1         (8)  NONENTITLEMENT.--Coverage under an approved health

  2  flex plan is not an entitlement, and no cause of action shall

  3  arise against the state, a local government entity or other

  4  political subdivision of this state, or the agency for failure

  5  to make coverage available to eligible persons under this

  6  section.

  7         (9)  CIVIL ACTIONS.--In addition to an administrative

  8  action initiated under subsection (4), the agency may seek any

  9  remedy provided by law, including, but not limited to, the

10  remedies provided in s. 812.035, Florida Statutes, if the

11  agency finds that a health plan entity has engaged in any act

12  resulting in injury to an enrollee covered by a plan approved

13  under this section.

14         Section 2.  This act shall take effect July 1, 2002.

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16            *****************************************

17                          HOUSE SUMMARY

18
      Creates a pilot program, designated health flex plans, to
19    provide health care coverage for uninsured persons under
      the oversight of the Agency for Health Care
20    Administration. See bill for details.

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