Senate Bill sb1286

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    Florida Senate - 2002                                  SB 1286

    By Senator Latvala





    19-868A-02

  1                      A bill to be entitled

  2         An act relating to health insurance; providing

  3         legislative findings and legislative intent;

  4         defining terms; providing for a pilot program

  5         for health flex plans for certain uninsured

  6         persons; providing criteria; exempting approved

  7         health flex plans from certain licensing

  8         requirements; providing criteria for

  9         eligibility to enroll in a health flex plan;

10         requiring health flex plan providers to

11         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; amending s. 627.410, F.S.;

19         requiring that certain group certificates for

20         health insurance coverage be subject to the

21         requirements for individual health insurance

22         policies; exempting group health insurance

23         policies insuring groups of a certain size from

24         rate-filing requirements; providing alternative

25         rate-filing requirements for insurers having

26         fewer than a specified number of nationwide

27         policyholders or members; amending s. 627.411,

28         F.S.; revising the grounds for the disapproval

29         of insurance policy forms; providing that a

30         health insurance policy form may be disapproved

31         if it results in certain rate increases;

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  1         specifying allowable new business rates and

  2         renewal rates if rate increases exceed certain

  3         levels; authorizing the Department of Insurance

  4         to determine medical trend for purposes of

  5         approving rate filings; amending s. 627.6475,

  6         F.S.; revising criteria for reinsuring

  7         individuals under an individual health

  8         reinsurance program; amending s. 627.6515,

  9         F.S.; requiring that coverage issued to a state

10         resident under certain group health insurance

11         policies issued outside the state be subject to

12         the requirements for individual health

13         insurance policies; amending s. 627.667, F.S.;

14         deleting an exception to an

15         extension-of-benefits application provision for

16         out-of-state group policies; amending s.

17         627.6692, F.S.; extending a time period for

18         premium payment for continuation of coverage;

19         amending s. 627.6699, F.S.; redefining terms;

20         allowing carriers to separate the experience of

21         small-employer groups having fewer than two

22         employees; authorizing certain small employers

23         to enroll with alternate carriers under certain

24         circumstances; revising the rating factors that

25         may be used by small-employer carriers;

26         eliminating a prohibition against charging

27         certain adjustments in rates to individual

28         employees or dependents; revising certain

29         criteria of the small-employer health

30         reinsurance program; requiring the Insurance

31         Commissioner to appoint a health benefit plan

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  1         committee to modify the standard, basic, and

  2         limited health benefit plans; revising the

  3         disclosure that a carrier must make to a small

  4         employer upon offering certain policies;

  5         prohibiting small-employer carriers from using

  6         certain policies, contracts, forms, or rates

  7         unless filed with and approved by the

  8         Department of Insurance pursuant to certain

  9         provisions; 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         amending s. 627.911, F.S.; including health

17         maintenance organizations under certain

18         information-reporting requirements; amending s.

19         627.9175, F.S.; revising health insurance

20         reporting requirements for insurers; amending

21         s. 627.9403, F.S.; clarifying application of

22         exceptions to certain long-term-care insurance

23         policy requirements for certain limited-benefit

24         policies; amending s. 627.9408, F.S.;

25         authorizing the department to adopt by rule

26         certain provisions of the Long-Term Care

27         Insurance Model Regulation, as adopted by the

28         National Association of Insurance

29         Commissioners; amending s. 641.31, F.S.;

30         exempting contracts of group health maintenance

31         organizations covering a specified number of

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  1         persons from the requirements of filing with

  2         the department; specifying the standards for

  3         department approval and disapproval of a change

  4         in rates by a health maintenance organization;

  5         providing alternative rate-filing requirements

  6         for organizations having fewer than a specified

  7         number of subscribers; amending s. 641.3111,

  8         F.S.; revising extension-of-benefits

  9         requirements for group health maintenance

10         contracts; providing an effective date.

11

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

13

14         Section 1.  Health flex plans.--

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

16  proportion of the residents of this state are unable to obtain

17  affordable health insurance coverage. Therefore, it is the

18  intent of the Legislature to expand the availability of health

19  care options for low-income uninsured state residents by

20  encouraging health insurers, health maintenance organizations,

21  health-care-provider-sponsored organizations, local

22  governments, health care districts, or other public or private

23  community-based organizations to develop alternative

24  approaches to traditional health insurance which emphasize

25  coverage for basic and preventive health care services. To the

26  maximum extent possible, these options should be coordinated

27  with existing governmental or community-based health services

28  programs in a manner that is consistent with the objectives

29  and requirements of such programs.

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

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

  2  Administration.

  3         (b)  "Department" means the Department of Insurance.

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

  5  determined to be eligible for and is receiving health care

  6  coverage under a health flex plan approved under this section.

  7         (d)  "Health care coverage" or "health flex plan

  8  coverage" means health care services that are covered as

  9  benefits under an approved health flex plan or that are

10  otherwise provided, either directly or through arrangements

11  with other persons, via health flex plan health care services

12  on a prepaid per-capita basis or on a prepaid aggregate

13  fixed-sum basis.

14         (e)  "Health flex plan" means a health plan approved

15  under subsection (3) which guarantees payment for specified

16  health care coverage provided to the enrollee.

17         (f)  "Health flex plan entity" means a health insurer,

18  health maintenance organization, health care

19  provider-sponsored organization, local government, health care

20  district, or other public or private community-based

21  organization that develops and implements an approved health

22  flex plan and is responsible for administering the health flex

23  plan and paying all claims for health flex plan coverage by

24  enrollees of the health flex plan.

25         (3)  PILOT PROGRAM.--The agency and the department

26  shall each approve or disapprove health flex plans that

27  provide health care coverage for eligible participants who

28  reside in the three areas of the state that have the highest

29  number of uninsured persons, as identified in the Florida

30  Health Insurance Study conducted by the agency. A health flex

31  plan may limit or exclude benefits otherwise required by law

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  1  for insurers offering coverage in this state, may cap the

  2  total amount of claims paid per year per enrollee, may limit

  3  the number of enrollees, or may take any combination of those

  4  actions.

  5         (a)  The agency shall develop guidelines for the review

  6  of applications for health flex plans and shall disapprove or

  7  withdraw approval of plans that do not meet or no longer meet

  8  minimum standards for quality of care and access to care.

  9         (b)  The department shall develop guidelines for the

10  review of health flex plan applications and shall disapprove

11  or shall withdraw approval of plans that:

12         1.  Contain any ambiguous, inconsistent, or misleading

13  provisions or any exceptions or conditions that deceptively

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

15  general coverage provided by the health flex plan;

16         2.  Provide benefits that are unreasonable in relation

17  to the premium charged or contain provisions that are unfair

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

19  that encourage misrepresentation, or that result in unfair

20  discrimination in sales practices; or

21         3.  Cannot demonstrate that the health flex plan is

22  financially sound and that the applicant is able to underwrite

23  or finance the health care coverage provided.

24         (4)  LICENSE NOT REQUIRED.--Neither the licensing

25  requirements of the Florida Insurance Code nor chapter 641,

26  Florida Statutes, relating to health maintenance

27  organizations, is applicable to a health flex plan approved

28  under this section, unless expressly made applicable. However,

29  for the purpose of prohibiting unfair trade practices, health

30  flex plans are considered to be insurance subject to the

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  1  applicable provisions of part IX of chapter 626, Florida

  2  Statutes, except as otherwise provided in this section.

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

  4  health flex plan is limited to residents of this state who:

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

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

  7  percent of the federal poverty level;

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

  9  are not eligible for coverage through a public health

10  insurance program, such as Medicare or Medicaid, or another

11  public health care program, such as KidCare, and have not been

12  covered at any time during the past 6 months; and

13         (d)  Have applied for health care coverage through an

14  approved health flex plan and have agreed to make any payments

15  required for participation, including periodic payments or

16  payments due at the time health care services are provided.

17         (6)  RECORDS.--Each health flex plan shall maintain

18  enrollment data and reasonable records of its losses,

19  expenses, and claims experience and shall make those records

20  reasonably available to enable the department to monitor and

21  determine the financial viability of the health flex plan, as

22  necessary. Provider networks and total enrollment by area

23  shall be reported to the agency biannually to enable the

24  agency to monitor access to care.

25         (7)  NOTICE.--The denial of coverage by a health flex

26  plan, or the nonrenewal or cancellation of coverage, must be

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

28  cancellation. Notice of nonrenewal or cancellation must be

29  provided at least 45 days in advance of the nonrenewal or

30  cancellation, except that 10 days' written notice must be

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

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  1  health flex plan fails to give the required notice, the health

  2  flex plan coverage must remain in effect until notice is

  3  appropriately given.

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

  5  flex plan is not an entitlement, and a cause of action does

  6  not arise against the state, a local government entity, or any

  7  other political subdivision of this state, or against the

  8  agency, for failure to make coverage available to eligible

  9  persons under this section.

10         (9)  PROGRAM EVALUATION.--The agency and the department

11  shall evaluate the pilot program and its effect on the

12  entities that seek approval as health flex plans, on the

13  number of enrollees, and on the scope of the health care

14  coverage offered under a health flex plan; shall provide an

15  assessment of the health flex plans and their potential

16  applicability in other settings; and shall, by January 1,

17  2004, jointly submit a report to the Governor, the President

18  of the Senate, and the Speaker of the House of

19  Representatives.

20         (10)  EXPIRATION.--This section expires July 1, 2004.

21         Section 2.  Subsection (1) and paragraph (a) of

22  subsection (6) of section 627.410, Florida Statutes, are

23  amended, paragraphs (f) and (g) are added to subsection (6) of

24  that section, and paragraph (f) is added to subsection (7) of

25  that section, to read:

26         627.410  Filing, approval of forms.--

27         (1)  No basic insurance policy or annuity contract

28  form, or application form where written application is

29  required and is to be made a part of the policy or contract,

30  or group certificates issued under a master contract delivered

31  in this state, or printed rider or endorsement form or form of

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  1  renewal certificate, shall be delivered or issued for delivery

  2  in this state, unless the form has been filed with the

  3  department at its offices in Tallahassee by or in behalf of

  4  the insurer which proposes to use such form and has been

  5  approved by the department. This provision does not apply to

  6  surety bonds or to policies, riders, endorsements, or forms of

  7  unique character which are designed for and used with relation

  8  to insurance upon a particular subject (other than as to

  9  health insurance), or which relate to the manner of

10  distribution of benefits or to the reservation of rights and

11  benefits under life or health insurance policies and are used

12  at the request of the individual policyholder, contract

13  holder, or certificateholder.  As to group insurance policies

14  effectuated and delivered outside this state but covering

15  persons resident in this state, the group certificates to be

16  delivered or issued for delivery in this state shall be filed

17  with the department for information purposes only, except that

18  group certificates for health insurance coverage, as described

19  in s. 627.6561(5)(a)2., which require individual underwriting

20  to determine coverage eligibility for an individual or premium

21  rates to be charged to an individual, shall be considered

22  policies issued on an individual basis and are subject to and

23  must comply with the Florida Insurance Code in the same manner

24  as individual health insurance policies issued in this state.

25         (6)(a)  An insurer shall not deliver or issue for

26  delivery or renew in this state any health insurance policy

27  form until it has filed with the department a copy of every

28  applicable rating manual, rating schedule, change in rating

29  manual, and change in rating schedule; if rating manuals and

30  rating schedules are not applicable, the insurer must file

31  with the department applicable premium rates and any change in

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  1  applicable premium rates. Changes in rates, rating manuals,

  2  and rating schedules for individual health insurance policies

  3  shall be filed for approval pursuant to this paragraph. Prior

  4  approval is not required for an individual health insurance

  5  policy rate filing that complies with the requirements of

  6  paragraph (f). This paragraph does not qualify the

  7  department's authority to investigate suspected violations of

  8  this section or to take necessary corrective action when a

  9  violation can be demonstrated. This paragraph does not prevent

10  an insurer from filing rates or rate changes for approval or

11  from deeming rate changes approved pursuant to an approved

12  loss ratio guarantee under subsection (8). This paragraph does

13  not apply to group health insurance policies, effectuated and

14  delivered in this state, insuring groups of 51 or more

15  persons, except for Medicare supplement insurance, long-term

16  care insurance, and any coverage under which the increase in

17  claim costs over the lifetime of the contract due to advancing

18  age or duration is prefunded in the premium.

19         (f)  An insurer that files changes in rates, rating

20  manuals, or rating schedules with the department for

21  individual health policies as described in s.

22  627.6561(5)(a)2., but excluding Medicare supplement policies,

23  according to this paragraph may begin providing required

24  notice to policyholders and charging corresponding adjusted

25  rates in accordance with s. 627.6043, upon filing, if the

26  insurer certifies that it has met the criteria of

27  subparagraphs 1., 2., and 3. Filings submitted under this

28  paragraph must contain the same information and demonstrations

29  and must meet the same requirements as rate filings submitted

30  for approval under this section, including the requirements of

31  s. 627.411, except as indicated in this paragraph.

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  1         1.  The insurer must have complied with annual

  2  rate-filing requirements then in effect pursuant to subsection

  3  (7) since October 1, 2002, or for the previous 2 years,

  4  whichever is less, and must have filed and implemented

  5  actuarially justifiable rate adjustments at least annually

  6  during this period. This subparagraph does not prevent an

  7  insurer from filing rate adjustments more often than annually.

  8         2.  The insurer must have pooled experience for

  9  applicable individual health policy forms in accordance with

10  the requirements of subparagraph (6)(e)3. Rate changes used on

11  a form must not vary by the experience of that form or the

12  health status of covered individuals on that form but must be

13  based on the experience of all forms, including rating

14  characteristics as defined in this paragraph.

15         3.  Rates for the policy form are anticipated to meet a

16  minimum loss ratio of 65 percent over the expected life of the

17  form.

18

19  Rates for all individual health policy forms issued on or

20  after October 1, 2002, must be based upon the same factors for

21  each rating characteristic. As used in this paragraph, the

22  term "rating characteristics" means demographic

23  characteristics of individuals, including, but not limited to,

24  geographic area factors, benefit design, smoking status, and

25  health status at issue.

26         (g)  After filing a change of rates for an individual

27  health policy under paragraph (f), an insurer may be required

28  to furnish additional information to demonstrate compliance

29  with this section. If the department finds that the adjusted

30  rates are not reasonable in relation to premiums charged under

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  1  the standards of this section, the department may order

  2  appropriate corrective action.

  3         (7)

  4         (f)  Insurers with fewer than 1,000 nationwide

  5  policyholders or insured group members or subscribers covered

  6  under any form or pooled group of forms with health insurance

  7  coverage, as described in s. 627.6561(5)(a)2., excluding

  8  Medicare supplement insurance coverage under part VIII, at the

  9  time of a rate filing made under subparagraph (b)1., may file

10  for an annual rate increase limited to medical trend as

11  adopted by the department under s. 627.411(4). The filing is

12  in lieu of the actuarial memorandum required for a rate filing

13  prescribed by paragraph (6)(b). The filing must include forms

14  adopted by the department and a certification by an officer of

15  the company that the filing includes all similar forms.

16         Section 3.  Paragraph (e) of subsection (1) of section

17  627.411, Florida Statutes, is amended, and subsections (3),

18  (4), and (5) are added to that section, to read:

19         627.411  Grounds for disapproval.--

20         (1)  The department shall disapprove any form filed

21  under s. 627.410, or withdraw any previous approval thereof,

22  only if the form:

23         (e)  Is for health insurance, and:

24         1.  Provides benefits that which are unreasonable in

25  relation to the premium charged based on the original filed

26  and approved loss ratio for the form and rules adopted by the

27  department under s. 627.410(6)(b);,

28         2.  Contains provisions that which are unfair or

29  inequitable or contrary to the public policy of this state or

30  that which encourage misrepresentation;, or

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  1         3.  Contains provisions that which apply rating

  2  practices that which result in premium escalations that are

  3  not viable for the policyholder market or result in unfair

  4  discrimination under s. 626.9541(1)(g)2.; or in sales

  5  practices

  6         4.  Results in actuarially justified annual rate

  7  increases:

  8         a.  Attributed to the insurer reducing the portion of

  9  the premium used to pay claims from the loss ratio standard

10  certified in the last actuarial certification filed by the

11  insurer in excess of the greater of 50 percent of annual

12  medical trend or 5 percent. At its option, the insurer may

13  file for approval of an actuarially justified new business

14  rate schedule for new insureds and a rate increase for

15  existing insureds that is equal to the greater of 150 percent

16  of annual medical trend or 10 percent. Future annual rate

17  increases for existing insureds must be limited to the greater

18  of 150 percent of the rate increase approved for new insureds

19  or 10 percent until the two rate schedules converge;

20         b.  In excess of the greater of 150 percent of annual

21  medical trend or 10 percent and the company did not comply

22  with the annual filing requirements of s. 627.410(7) or

23  department rule for health maintenance organizations pursuant

24  to s. 641.31. At its option, the insurer may file for approval

25  of an actuarially justified new business rate schedule for new

26  insureds and a rate increase for existing insureds which is

27  equal to the rate increase otherwise allowed by this

28  sub-subparagraph. Future annual rate increases for existing

29  insureds are limited to the greater of 150 percent of the rate

30  increase approved for new insureds or 10 percent until the two

31  rate schedules converge; or

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  1         c.  In excess of the greater of 150 percent of annual

  2  medical trend or 10 percent on a form or block of pooled forms

  3  in which no form is currently available for sale. This

  4  provision does not apply to prestandardized Medicare

  5  supplement forms.

  6         (3)  If a health insurance rate filing changes the

  7  established rate relationships between insureds, the aggregate

  8  effect of such a change must be revenue-neutral. The change to

  9  the new relationship must be phased-in over a period not to

10  exceed 3 years as approved by the department. The rate filing

11  may also include increases based on overall experience or

12  annual medical trend, or both, which portions are not to be

13  phased-in pursuant to this paragraph.

14         (4)  Individual health insurance policies that are

15  subject to renewability requirements of s. 627.6425 are

16  guaranteed renewable for purposes of establishing loss ratio

17  standards and must comply with the same loss ratio standards

18  as other guaranteed renewable forms.

19         (5)  In determining medical trend for application of

20  subparagraph (1)(e)4., the department shall semiannually

21  determine medical trend for each health care market, using

22  reasonable actuarial techniques and standards. The trend must

23  be adopted by the department by rule and determined as

24  follows:

25         (a)  Trend must be determined separately for medical

26  expense, preferred provider organization, Medicare supplement,

27  health maintenance organization, and other coverage for

28  individual, small group, and large group, where applicable.

29         (b)  The department shall survey insurers and health

30  maintenance organizations currently issuing products and

31  representing at least an 80-percent market share based on

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  1  premiums earned in the state for the most recent calendar year

  2  for each of the categories specified in paragraph (a).

  3         (c)  Trend must be computed as the average annual

  4  medical trend approved for the carriers surveyed, giving

  5  appropriate weight to each carrier's statewide market share of

  6  earned premiums.

  7         (d)  The annual trend is the annual change in claims

  8  cost per unit of exposure. Trend includes the combined effect

  9  of medical provider price changes, changes in utilization, new

10  medical procedures, and technology and cost shifting.

11         Section 4.  Paragraphs (b), (c), and (e) of subsection

12  (7) of section 627.6475, Florida Statutes, are amended to

13  read:

14         627.6475  Individual reinsurance pool.--

15         (7)  INDIVIDUAL HEALTH REINSURANCE PROGRAM.--

16         (b)  A reinsuring carrier may reinsure with the program

17  coverage of an eligible individual, subject to each of the

18  following provisions:

19         1.  A reinsuring carrier may reinsure an eligible

20  individual within 90 60 days after commencement of the

21  coverage of the eligible individual.

22         2.  The program may not reimburse a participating

23  carrier with respect to the claims of a reinsured eligible

24  individual until the carrier has paid incurred claims of an

25  amount equal to the participating carrier's selected

26  deductible level at least $5,000 in a calendar year for

27  benefits covered by the program. In addition, the reinsuring

28  carrier is responsible for 10 percent of the next $50,000 and

29  5 percent of the next $100,000 of incurred claims during a

30  calendar year, and the program shall reinsure the remainder.

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  1         3.  The board shall annually adjust the initial level

  2  of claims and the maximum limit to be retained by the carrier

  3  to reflect increases in costs and utilization within the

  4  standard market for health benefit plans within the state. The

  5  adjustment may not be less than the annual change in the

  6  medical component of the "Commerce Price Index for All Urban

  7  Consumers" of the Bureau of Labor Statistics of the United

  8  States Department of Labor, unless the board proposes and the

  9  department approves a lower adjustment factor.

10         4.  A reinsuring carrier may terminate reinsurance for

11  all reinsured eligible individuals on any plan anniversary.

12         5.  The premium rate charged for reinsurance by the

13  program to a health maintenance organization that is approved

14  by the Secretary of Health and Human Services as a federally

15  qualified health maintenance organization pursuant to 42

16  U.S.C. s. 300e(c)(2)(A) and that, as such, is subject to

17  requirements that limit the amount of risk that may be ceded

18  to the program, which requirements are more restrictive than

19  subparagraph 2., shall be reduced by an amount equal to that

20  portion of the risk, if any, which exceeds the amount set

21  forth in subparagraph 2., which may not be ceded to the

22  program.

23         6.  The board may consider adjustments to the premium

24  rates charged for reinsurance by the program or carriers that

25  use effective cost-containment measures, including high-cost

26  case management, as defined by the board.

27         7.  A reinsuring carrier shall apply its

28  case-management and claims-handling techniques, including, but

29  not limited to, utilization review, individual case

30  management, preferred provider provisions, other managed-care

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  1  provisions, or methods of operation consistently with both

  2  reinsured business and nonreinsured business.

  3         (c)1.  The board, as part of the plan of operation,

  4  shall establish a methodology for determining premium rates to

  5  be charged by the program for reinsuring eligible individuals

  6  pursuant to this section. The methodology must include a

  7  system for classifying individuals which reflects the types of

  8  case characteristics commonly used by carriers in this state.

  9  The methodology must provide for the development of basic

10  reinsurance premium rates, which shall be multiplied by the

11  factors set for them in this paragraph to determine the

12  premium rates for the program. The basic reinsurance premium

13  rates shall be established by the board, subject to the

14  approval of the department, and shall be set at levels that

15  reasonably approximate gross premiums charged to eligible

16  individuals for individual health insurance by health

17  insurance issuers. The premium rates set by the board may vary

18  by geographical area, as determined under this section, to

19  reflect differences in cost. An eligible individual may be

20  reinsured for a rate that is five times the rate established

21  by the board.

22         2.  The board shall periodically review the methodology

23  established, including the system of classification and any

24  rating factors, to ensure that it reasonably reflects the

25  claims experience of the program. The board may propose

26  changes to the rates that are subject to the approval of the

27  department.

28         (e)1.  Before September March 1 of each calendar year,

29  the board shall determine and report to the department the

30  program net loss in the individual account for the previous

31  year, including administrative expenses for that year and the

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  1  incurred losses for that year, taking into account investment

  2  income and other appropriate gains and losses.

  3         2.  Any net loss in the individual account for the year

  4  shall be recouped by assessing the carriers as follows:

  5         a.  The operating losses of the program shall be

  6  assessed in the following order subject to the specified

  7  limitations. The first tier of assessments shall be made

  8  against reinsuring carriers in an amount that may not exceed 5

  9  percent of each reinsuring carrier's premiums for individual

10  health insurance. If such assessments have been collected and

11  additional moneys are needed, the board shall make a second

12  tier of assessments in an amount that may not exceed 0.5

13  percent of each carrier's health benefit plan premiums.

14         b.  Except as provided in paragraph (f), risk-assuming

15  carriers are exempt from all assessments authorized pursuant

16  to this section. The amount paid by a reinsuring carrier for

17  the first tier of assessments shall be credited against any

18  additional assessments made.

19         c.  The board shall equitably assess reinsuring

20  carriers for operating losses of the individual account based

21  on market share. The board shall annually assess each carrier

22  a portion of the operating losses of the individual account.

23  The first tier of assessments shall be determined by

24  multiplying the operating losses by a fraction, the numerator

25  of which equals the reinsuring carrier's earned premium

26  pertaining to direct writings of individual health insurance

27  in the state during the calendar year for which the assessment

28  is levied, and the denominator of which equals the total of

29  all such premiums earned by reinsuring carriers in the state

30  during that calendar year. The second tier of assessments

31  shall be based on the premiums that all carriers, except

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  1  risk-assuming carriers, earned on all health benefit plans

  2  written in this state. The board may levy interim assessments

  3  against reinsuring carriers to ensure the financial ability of

  4  the plan to cover claims expenses and administrative expenses

  5  paid or estimated to be paid in the operation of the plan for

  6  the calendar year prior to the association's anticipated

  7  receipt of annual assessments for that calendar year. Any

  8  interim assessment is due and payable within 30 days after

  9  receipt by a carrier of the interim assessment notice. Interim

10  assessment payments shall be credited against the carrier's

11  annual assessment. Health benefit plan premiums and benefits

12  paid by a carrier that are less than an amount determined by

13  the board to justify the cost of collection may not be

14  considered for purposes of determining assessments.

15         d.  Subject to the approval of the department, the

16  board shall adjust the assessment formula for reinsuring

17  carriers that are approved as federally qualified health

18  maintenance organizations by the Secretary of Health and Human

19  Services pursuant to 42 U.S.C. s. 300e(c)(2)(A) to the extent,

20  if any, that restrictions are placed on them which are not

21  imposed on other carriers.

22         3.  Before September March 1 of each year, the board

23  shall determine and file with the department an estimate of

24  the assessments needed to fund the losses incurred by the

25  program in the individual account for the previous calendar

26  year.

27         4.  If the board determines that the assessments needed

28  to fund the losses incurred by the program in the individual

29  account for the previous calendar year will exceed the amount

30  specified in subparagraph 2., the board shall evaluate the

31  operation of the program and report its findings and

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  1  recommendations to the department in the format established in

  2  s. 627.6699(11) for the comparable report for the small

  3  employer reinsurance program.

  4         Section 5.  Subsection (9) is added to section

  5  627.6515, Florida Statutes, to read:

  6         627.6515  Out-of-state groups.--

  7         (9)  Notwithstanding any other provision of this

  8  section, any group health insurance policy or group

  9  certificate for health insurance, as described in s.

10  627.6561(5)(a)2., which is issued to a resident of this state

11  and requires individual underwriting to determine coverage

12  eligibility for an individual or premium rates to be charged

13  to an individual is considered a policy issued on an

14  individual basis and is subject to and must comply with the

15  Florida Insurance Code in the same manner as individual

16  insurance policies issued in this state.

17         Section 6.  Subsection (6) of section 627.667, Florida

18  Statutes, is amended to read:

19         627.667  Extension of benefits.--

20         (6)  This section also applies to holders of group

21  certificates which are renewed, delivered, or issued for

22  delivery to residents of this state under group policies

23  effectuated or delivered outside this state, unless a

24  succeeding carrier under a group policy has agreed to assume

25  liability for the benefits.

26         Section 7.  Paragraph (e) of subsection (5) of section

27  627.6692, Florida Statutes, as amended by section 1 of chapter

28  2001-353, Laws of Florida, is amended to read:

29         627.6692  Florida Health Insurance Coverage

30  Continuation Act.--

31

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  1         (5)  CONTINUATION OF COVERAGE UNDER GROUP HEALTH

  2  PLANS.--

  3         (e)1.  A covered employee or other qualified

  4  beneficiary who wishes continuation of coverage must pay the

  5  initial premium and elect such continuation in writing to the

  6  insurance carrier issuing the employer's group health plan

  7  within 63 30 days after receiving notice from the insurance

  8  carrier under paragraph (d).  Subsequent premiums are due by

  9  the grace period expiration date.  The insurance carrier or

10  the insurance carrier's designee shall process all elections

11  promptly and provide coverage retroactively to the date

12  coverage would otherwise have terminated. The premium due

13  shall be for the period beginning on the date coverage would

14  have otherwise terminated due to the qualifying event.  The

15  first premium payment must include the coverage paid to the

16  end of the month in which the first payment is made.  After

17  the election, the insurance carrier must bill the qualified

18  beneficiary for premiums once each month, with a due date on

19  the first of the month of coverage and allowing a 30-day grace

20  period for payment.

21         2.  Except as otherwise specified in an election, any

22  election by a qualified beneficiary shall be deemed to include

23  an election of continuation of coverage on behalf of any other

24  qualified beneficiary residing in the same household who would

25  lose coverage under the group health plan by reason of a

26  qualifying event.  This subparagraph does not preclude a

27  qualified beneficiary from electing continuation of coverage

28  on behalf of any other qualified beneficiary.

29         Section 8.  Paragraphs (i), (m), and (n) of subsection

30  (3), paragraph (c) of subsection (5), paragraph (b) of

31  subsection (6), paragraphs (f), (g), (h), and (j) of

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  1  subsection (11), paragraphs (a), (d), and (e) of subsection

  2  (12), and paragraph (a) of 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         (i)  "Established geographic area" means the county or

  7  counties, or any portion of a county or counties, within which

  8  the carrier provides or arranges for health care services to

  9  be available to its insureds, members, or subscribers.

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

11  policy or contract that provides coverage for each person

12  insured under the policy for a specifically named disease or

13  diseases or, a specifically named accident which, or a

14  specifically named limited market that fulfills a an

15  experimental or reasonable need by providing more affordable

16  health insurance, such as the small group market.

17         (n)  "Modified community rating" means a method used to

18  develop carrier premiums which spreads financial risk across a

19  large population; allows the use of separate rating factors

20  for age, gender, family composition, tobacco usage, and

21  geographic area as determined under paragraph (5)(j); and

22  allows adjustments for: claims experience, health status, or

23  duration of coverage as permitted under subparagraph (6)(b)5.;

24  and administrative and acquisition expenses as permitted under

25  subparagraph (6)(b)6 (6)(b)5. A carrier may separate the

26  experience of small employer groups that have fewer than 2

27  eligible employees from the experience of small employer

28  groups that have 2 through 50 eligible employees.

29         (5)  AVAILABILITY OF COVERAGE.--

30         (c)  Every small employer carrier must, as a condition

31  of transacting business in this state:

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  1         1.  Beginning July 1, 2000, offer and issue all small

  2  employer health benefit plans on a guaranteed-issue basis to

  3  every eligible small employer, with 2 to 50 eligible

  4  employees, that elects to be covered under such plan, agrees

  5  to make the required premium payments, and satisfies the other

  6  provisions of the plan. A rider for additional or increased

  7  benefits may be medically underwritten and may only be added

  8  to the standard health benefit plan.  The increased rate

  9  charged for the additional or increased benefit must be rated

10  in accordance with this section.

11         2.  Beginning July 1, 2000, and until July 31, 2001,

12  offer and issue basic and standard small employer health

13  benefit plans on a guaranteed-issue basis to every eligible

14  small employer which is eligible for guaranteed renewal, has

15  less than two eligible employees, is not formed primarily for

16  the purpose of buying health insurance, elects to be covered

17  under such plan, agrees to make the required premium payments,

18  and satisfies the other provisions of the plan. A rider for

19  additional or increased benefits may be medically underwritten

20  and may be added only to the standard benefit plan. The

21  increased rate charged for the additional or increased benefit

22  must be rated in accordance with this section. For purposes of

23  this subparagraph, a person, his or her spouse, and his or her

24  dependent children shall constitute a single eligible employee

25  if that person and spouse are employed by the same small

26  employer and either one has a normal work week of less than 25

27  hours.

28         3.a.  Beginning August 1, 2001, offer and issue basic

29  and standard small employer health benefit plans on a

30  guaranteed-issue basis, during a 31-day open enrollment period

31  of August 1 through August 31 of each year, to every eligible

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  1  small employer, with fewer than two eligible employees, which

  2  small employer is not formed primarily for the purpose of

  3  buying health insurance and which elects to be covered under

  4  such plan, agrees to make the required premium payments, and

  5  satisfies the other provisions of the plan. Coverage provided

  6  under this subparagraph shall begin on October 1 of the same

  7  year as the date of enrollment, unless the small employer

  8  carrier and the small employer agree to a different date. A

  9  rider for additional or increased benefits may be medically

10  underwritten and may only be added to the standard health

11  benefit plan.  The increased rate charged for the additional

12  or increased benefit must be rated in accordance with this

13  section. For purposes of this subparagraph, a person, his or

14  her spouse, and his or her dependent children constitute a

15  single eligible employee if that person and spouse are

16  employed by the same small employer and either that person or

17  his or her spouse has a normal work week of less than 25

18  hours.

19         b.  Notwithstanding the restrictions set forth in

20  sub-subparagraph a., when a small employer group is losing

21  coverage because a carrier is exercising the provisions of s.

22  627.6571(3)(b) or s. 641.31074(3)(b), the eligible small

23  employer, as defined in sub-subparagraph a., is entitled to

24  enroll with another carrier offering small employer coverage

25  within 63 days after the notice of termination or the

26  termination date of the prior coverage, whichever is later.

27  Coverage provided under this sub-subparagraph begins

28  immediately upon enrollment, unless the small employer carrier

29  and the small employer agree to a different date.

30         4.  This paragraph does not limit a carrier's ability

31  to offer other health benefit plans to small employers if the

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  1  standard and basic health benefit plans are offered and

  2  rejected.

  3         (6)  RESTRICTIONS RELATING TO PREMIUM RATES.--

  4         (b)  For all small employer health benefit plans that

  5  are subject to this section and are issued by small employer

  6  carriers on or after January 1, 1994, premium rates for health

  7  benefit plans subject to this section are subject to the

  8  following:

  9         1.  Small employer carriers must use a modified

10  community rating methodology in which the premium for each

11  small employer must be determined solely on the basis of the

12  eligible employee's and eligible dependent's gender, age,

13  family composition, tobacco use, or geographic area as

14  determined under paragraph (5)(j) and in which the premium may

15  be adjusted as permitted by subparagraphs 5., and 6., and 7.

16         2.  Rating factors related to age, gender, family

17  composition, tobacco use, or geographic location may be

18  developed by each carrier to reflect the carrier's experience.

19  The factors used by carriers are subject to department review

20  and approval.

21         3.  If the modified community rate is determined from

22  two experience pools as authorized by paragraph (5)(n), the

23  rate to be charged to small employer groups having fewer than

24  2 eligible employees may not exceed 150 percent of the rate

25  determined for groups having 2 through 50 eligible employees;

26  however, the carrier may charge excess losses of the

27  less-than-2-eligible-employee experience pool to the

28  experience pool of the 2-through-50-eligible-employee pool so

29  that all losses are allocated and the 150-percent rate limit

30  on the less-than-2-eligible-employee experience pool is

31  maintained. Notwithstanding s. 627.411(1)(e)4. and (3), the

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  1  rate to be charged to a small employer group having fewer than

  2  2 eligible employees insured as of July 1, 2002, may be up to

  3  125 percent of the rate determined for groups having 2 through

  4  50 eligible employees for the first annual renewal and 150

  5  percent for subsequent annual renewals.

  6         4.3.  Small employer carriers may not modify the rate

  7  for a small employer for 12 months from the initial issue date

  8  or renewal date, unless the composition of the group changes

  9  or benefits are changed. However, a small employer carrier may

10  modify the rate one time prior to 12 months after the initial

11  issue date for a small employer who enrolls under a previously

12  issued group policy that has a common anniversary date for all

13  employers covered under the policy if:

14         a.  The carrier discloses to the employer in a clear

15  and conspicuous manner the date of the first renewal and the

16  fact that the premium may increase on or after that date.

17         b.  The insurer demonstrates to the department that

18  efficiencies in administration are achieved and reflected in

19  the rates charged to small employers covered under the policy.

20         5.4.  A carrier may issue a group health insurance

21  policy to a small employer health alliance or other group

22  association with rates that reflect a premium credit for

23  expense savings attributable to administrative activities

24  being performed by the alliance or group association if such

25  expense savings are specifically documented in the insurer's

26  rate filing and are approved by the department.  Any such

27  credit may not be based on different morbidity assumptions or

28  on any other factor related to the health status or claims

29  experience of any person covered under the policy. Nothing in

30  this subparagraph exempts an alliance or group association

31  from licensure for any activities that require licensure under

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  1  the insurance code. A carrier issuing a group health insurance

  2  policy to a small employer health alliance or other group

  3  association shall allow any properly licensed and appointed

  4  agent of that carrier to market and sell the small employer

  5  health alliance or other group association policy. Such agent

  6  shall be paid the usual and customary commission paid to any

  7  agent selling the policy.

  8         6.5.  Any adjustments in rates for claims experience,

  9  health status, or duration of coverage may not be charged to

10  individual employees or dependents. For a small employer's

11  policy, such adjustments may not result in a rate for the

12  small employer which deviates more than 15 percent from the

13  carrier's approved rate. Any such adjustment must be applied

14  uniformly to the rates charged for all employees and

15  dependents of the small employer. A small employer carrier may

16  make an adjustment to a small employer's renewal premium, not

17  to exceed 10 percent annually, due to the claims experience,

18  health status, or duration of coverage of the employees or

19  dependents of the small employer. Semiannually, small group

20  carriers shall report information on forms adopted by rule by

21  the department, to enable the department to monitor the

22  relationship of aggregate adjusted premiums actually charged

23  policyholders by each carrier to the premiums that would have

24  been charged by application of the carrier's approved modified

25  community rates. If the aggregate resulting from the

26  application of such adjustment exceeds the premium that would

27  have been charged by application of the approved modified

28  community rate by 5 percent for the current reporting period,

29  the carrier shall limit the application of such adjustments

30  only to minus adjustments beginning not more than 60 days

31  after the report is sent to the department. For any subsequent

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  1  reporting period, if the total aggregate adjusted premium

  2  actually charged does not exceed the premium that would have

  3  been charged by application of the approved modified community

  4  rate by 5 percent, the carrier may apply both plus and minus

  5  adjustments. A small employer carrier may provide a credit to

  6  a small employer's premium based on administrative and

  7  acquisition expense differences resulting from the size of the

  8  group. Group size administrative and acquisition expense

  9  factors may be developed by each carrier to reflect the

10  carrier's experience and are subject to department review and

11  approval.

12         7.6.  A small employer carrier rating methodology may

13  include separate rating categories for one dependent child,

14  for two dependent children, and for three or more dependent

15  children for family coverage of employees having a spouse and

16  dependent children or employees having dependent children

17  only. A small employer carrier may have fewer, but not

18  greater, numbers of categories for dependent children than

19  those specified in this subparagraph.

20         8.7.  Small employer carriers may not use a composite

21  rating methodology to rate a small employer with fewer than 10

22  employees. For the purposes of this subparagraph, a "composite

23  rating methodology" means a rating methodology that averages

24  the impact of the rating factors for age and gender in the

25  premiums charged to all of the employees of a small employer.

26         (11)  SMALL EMPLOYER HEALTH REINSURANCE PROGRAM.--

27         (f)  The program has the general powers and authority

28  granted under the laws of this state to insurance companies

29  and health maintenance organizations licensed to transact

30  business, except the power to issue health benefit plans

31

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  1  directly to groups or individuals.  In addition thereto, the

  2  program has specific authority to:

  3         1.  Enter into contracts as necessary or proper to

  4  carry out the provisions and purposes of this act, including

  5  the authority to enter into contracts with similar programs of

  6  other states for the joint performance of common functions or

  7  with persons or other organizations for the performance of

  8  administrative functions.

  9         2.  Sue or be sued, including taking any legal action

10  necessary or proper for recovering any assessments and

11  penalties for, on behalf of, or against the program or any

12  carrier.

13         3.  Take any legal action necessary to avoid the

14  payment of improper claims against the program.

15         4.  Issue reinsurance policies, in accordance with the

16  requirements of this act.

17         5.  Establish rules, conditions, and procedures for

18  reinsurance risks under the program participation.

19         6.  Establish actuarial functions as appropriate for

20  the operation of the program.

21         7.  Assess participating carriers in accordance with

22  paragraph (j), and make advance interim assessments as may be

23  reasonable and necessary for organizational and interim

24  operating expenses.  Interim assessments shall be credited as

25  offsets against any regular assessments due following the

26  close of the calendar year.

27         8.  Appoint appropriate legal, actuarial, and other

28  committees as necessary to provide technical assistance in the

29  operation of the program, and in any other function within the

30  authority of the program.

31

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  1         9.  Borrow money to effect the purposes of the program.

  2  Any notes or other evidences of indebtedness of the program

  3  which are not in default constitute legal investments for

  4  carriers and may be carried as admitted assets.

  5         10.  To the extent necessary, increase the $5,000

  6  deductible reinsurance requirement to adjust for the effects

  7  of inflation. The program may evaluate the desirability of

  8  establishing differing levels of deductibles.  If differing

  9  levels of deductibles are established, such levels and the

10  resulting premiums must be approved by the department.

11         (g)  A reinsuring carrier may reinsure with the program

12  coverage of an eligible employee of a small employer, or any

13  dependent of such an employee, subject to each of the

14  following provisions:

15         1.  With respect to a standard and basic health care

16  plan, the program may must reinsure the level of coverage

17  provided; and, with respect to any other plan, the program may

18  must reinsure the coverage up to, but not exceeding, the level

19  of coverage provided under the standard and basic health care

20  plan. As an alternative to reinsuring the entire level of

21  coverage provided, the program may develop corridors of

22  reinsurance designed to coordinate with a reinsuring carrier's

23  existing reinsurance.  The corridors of reinsurance and

24  resulting premiums must be approved by the department.

25         2.  Except in the case of a late enrollee, a reinsuring

26  carrier may reinsure an eligible employee or dependent within

27  90 60 days after the commencement of the coverage of the small

28  employer. A newly employed eligible employee or dependent of a

29  small employer may be reinsured within 90 60 days after the

30  commencement of his or her coverage.

31

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  1         3.  A small employer carrier may reinsure an entire

  2  employer group within 90 60 days after the commencement of the

  3  group's coverage under the plan. The carrier may choose to

  4  reinsure newly eligible employees and dependents of the

  5  reinsured group pursuant to subparagraph 1.

  6         4.  The program may evaluate the option of allowing a

  7  small employer carrier to reinsure an entire employer group or

  8  an eligible employee at the first or subsequent renewal date.

  9  Any such option and the resulting premium must be approved by

10  the department.

11         5.4.  The program may not reimburse a participating

12  carrier with respect to the claims of a reinsured employee or

13  dependent until the carrier has paid incurred claims of an

14  amount equal to the participating carrier's selected

15  deductible level at least $5,000 in a calendar year for

16  benefits covered by the program.  In addition, the reinsuring

17  carrier shall be responsible for 10 percent of the next

18  $50,000 and 5 percent of the next $100,000 of incurred claims

19  during a calendar year and the program shall reinsure the

20  remainder.

21         6.5.  The board annually may shall adjust the initial

22  level of claims and the maximum limit to be retained by the

23  carrier to reflect increases in costs and utilization within

24  the standard market for health benefit plans within the state.

25  The adjustment shall not be less than the annual change in the

26  medical component of the "Consumer Price Index for All Urban

27  Consumers" of the Bureau of Labor Statistics of the Department

28  of Labor, unless the board proposes and the department

29  approves a lower adjustment factor.

30

31

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  1         7.6.  A small employer carrier may terminate

  2  reinsurance for all reinsured employees or dependents on any

  3  plan anniversary.

  4         8.7.  The premium rate charged for reinsurance by the

  5  program to a health maintenance organization that is approved

  6  by the Secretary of Health and Human Services as a federally

  7  qualified health maintenance organization pursuant to 42

  8  U.S.C. s. 300e(c)(2)(A) and that, as such, is subject to

  9  requirements that limit the amount of risk that may be ceded

10  to the program, which requirements are more restrictive than

11  subparagraph 4., shall be reduced by an amount equal to that

12  portion of the risk, if any, which exceeds the amount set

13  forth in subparagraph 4. which may not be ceded to the

14  program.

15         9.8.  The board may consider adjustments to the premium

16  rates charged for reinsurance by the program for carriers that

17  use effective cost containment measures, including high-cost

18  case management, as defined by the board.

19         10.9.  A reinsuring carrier shall apply its

20  case-management and claims-handling techniques, including, but

21  not limited to, utilization review, individual case

22  management, preferred provider provisions, other managed care

23  provisions or methods of operation, consistently with both

24  reinsured business and nonreinsured business.

25         (h)1.  The board, as part of the plan of operation,

26  shall establish a methodology for determining premium rates to

27  be charged by the program for reinsuring small employers and

28  individuals pursuant to this section.  The methodology shall

29  include a system for classification of small employers that

30  reflects the types of case characteristics commonly used by

31  small employer carriers in the state.  The methodology shall

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  1  provide for the development of basic reinsurance premium

  2  rates, which shall be multiplied by the factors set for them

  3  in this paragraph to determine the premium rates for the

  4  program. The basic reinsurance premium rates shall be

  5  established by the board, subject to the approval of the

  6  department, and shall be set at levels which reasonably

  7  approximate gross premiums charged to small employers by small

  8  employer carriers for health benefit plans with benefits

  9  similar to the standard and basic health benefit plan.  The

10  premium rates set by the board may vary by geographical area,

11  as determined under this section, to reflect differences in

12  cost.  The multiplying factors must be established as follows:

13         a.  The entire group may be reinsured for a rate that

14  is 1.5 times the rate established by the board.

15         b.  An eligible employee or dependent may be reinsured

16  for a rate that is 5 times the rate established by the board.

17         2.  The board periodically shall review the methodology

18  established, including the system of classification and any

19  rating factors, to assure that it reasonably reflects the

20  claims experience of the program.  The board may propose

21  changes to the rates which shall be subject to the approval of

22  the department.

23         (j)1.  Before September March 1 of each calendar year,

24  the board shall determine and report to the department the

25  program net loss for the previous year, including

26  administrative expenses for that year, and the incurred losses

27  for the year, taking into account investment income and other

28  appropriate gains and losses.

29         2.  Any net loss for the year shall be recouped by

30  assessment of the carriers, as follows:

31

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  1         a.  The operating losses of the program shall be

  2  assessed in the following order subject to the specified

  3  limitations.  The first tier of assessments shall be made

  4  against reinsuring carriers in an amount which shall not

  5  exceed 5 percent of each reinsuring carrier's premiums from

  6  health benefit plans covering small employers.  If such

  7  assessments have been collected and additional moneys are

  8  needed, the board shall make a second tier of assessments in

  9  an amount which shall not exceed 0.5 percent of each carrier's

10  health benefit plan premiums.  Except as provided in paragraph

11  (n), risk-assuming carriers are exempt from all assessments

12  authorized pursuant to this section.  The amount paid by a

13  reinsuring carrier for the first tier of assessments shall be

14  credited against any additional assessments made.

15         b.  The board shall equitably assess carriers for

16  operating losses of the plan based on market share.  The board

17  shall annually assess each carrier a portion of the operating

18  losses of the plan.  The first tier of assessments shall be

19  determined by multiplying the operating losses by a fraction,

20  the numerator of which equals the reinsuring carrier's earned

21  premium pertaining to direct writings of small employer health

22  benefit plans in the state during the calendar year for which

23  the assessment is levied, and the denominator of which equals

24  the total of all such premiums earned by reinsuring carriers

25  in the state during that calendar year. The second tier of

26  assessments shall be based on the premiums that all carriers,

27  except risk-assuming carriers, earned on all health benefit

28  plans written in this state. The board may levy interim

29  assessments against carriers to ensure the financial ability

30  of the plan to cover claims expenses and administrative

31  expenses paid or estimated to be paid in the operation of the

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  1  plan for the calendar year prior to the association's

  2  anticipated receipt of annual assessments for that calendar

  3  year.  Any interim assessment is due and payable within 30

  4  days after receipt by a carrier of the interim assessment

  5  notice. Interim assessment payments shall be credited against

  6  the carrier's annual assessment.  Health benefit plan premiums

  7  and benefits paid by a carrier that are less than an amount

  8  determined by the board to justify the cost of collection may

  9  not be considered for purposes of determining assessments.

10         c.  Subject to the approval of the department, the

11  board shall make an adjustment to the assessment formula for

12  reinsuring carriers that are approved as federally qualified

13  health maintenance organizations by the Secretary of Health

14  and Human Services pursuant to 42 U.S.C. s. 300e(c)(2)(A) to

15  the extent, if any, that restrictions are placed on them that

16  are not imposed on other small employer carriers.

17         3.  Before September March 1 of each year, the board

18  shall determine and file with the department an estimate of

19  the assessments needed to fund the losses incurred by the

20  program in the previous calendar year.

21         4.  If the board determines that the assessments needed

22  to fund the losses incurred by the program in the previous

23  calendar year will exceed the amount specified in subparagraph

24  2., the board shall evaluate the operation of the program and

25  report its findings, including any recommendations for changes

26  to the plan of operation, to the department within 240 90 days

27  following the end of the calendar year in which the losses

28  were incurred.  The evaluation shall include an estimate of

29  future assessments, the administrative costs of the program,

30  the appropriateness of the premiums charged and the level of

31  carrier retention under the program, and the costs of coverage

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  1  for small employers. If the board fails to file a report with

  2  the department within 240 90 days following the end of the

  3  applicable calendar year, the department may evaluate the

  4  operations of the program and implement such amendments to the

  5  plan of operation the department deems necessary to reduce

  6  future losses and assessments.

  7         5.  If assessments exceed the amount of the actual

  8  losses and administrative expenses of the program, the excess

  9  shall be held as interest and used by the board to offset

10  future losses or to reduce program premiums. As used in this

11  paragraph, the term "future losses" includes reserves for

12  incurred but not reported claims.

13         6.  Each carrier's proportion of the assessment shall

14  be determined annually by the board, based on annual

15  statements and other reports considered necessary by the board

16  and filed by the carriers with the board.

17         7.  Provision shall be made in the plan of operation

18  for the imposition of an interest penalty for late payment of

19  an assessment.

20         8.  A carrier may seek, from the commissioner, a

21  deferment, in whole or in part, from any assessment made by

22  the board.  The department may defer, in whole or in part, the

23  assessment of a carrier if, in the opinion of the department,

24  the payment of the assessment would place the carrier in a

25  financially impaired condition.  If an assessment against a

26  carrier is deferred, in whole or in part, the amount by which

27  the assessment is deferred may be assessed against the other

28  carriers in a manner consistent with the basis for assessment

29  set forth in this section. The carrier receiving such

30  deferment remains liable to the program for the amount

31

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  1  deferred and is prohibited from reinsuring any individuals or

  2  groups in the program if it fails to pay assessments.

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

  4  PLANS.--

  5         (a)1.  By May 15, 1993, the commissioner shall appoint

  6  a health benefit plan committee composed of four

  7  representatives of carriers which shall include at least two

  8  representatives of HMOs, at least one of which is a staff

  9  model HMO, two representatives of agents, four representatives

10  of small employers, and one employee of a small employer.  The

11  carrier members shall be selected from a list of individuals

12  recommended by the board.  The commissioner may require the

13  board to submit additional recommendations of individuals for

14  appointment.

15         2.  The plans shall comply with all of the requirements

16  of this subsection.

17         3.  The plans must be filed with and approved by the

18  department prior to issuance or delivery by any small employer

19  carrier.

20         4.  Before October 1, 2002, and in every 4th year

21  thereafter, the commissioner shall appoint a new health

22  benefit plan committee in the manner provided in subparagraph

23  1. to determine whether modifications to a plan might be

24  appropriate and to submit recommended modifications to the

25  department for approval. Such a determination must be based

26  upon prevailing industry standards regarding managed care and

27  cost-containment provisions and is to serve the purpose of

28  ensuring that the benefit plans offered to small employers on

29  a guaranteed-issue basis are consistent with the low-priced to

30  mid-priced benefit plans offered in the large-group market.

31  This determination shall be included in a report submitted to

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  1  the President of the Senate and the Speaker of the House of

  2  Representatives annually by October 1. After approval of the

  3  revised health benefit plans, if the department determines

  4  that modifications to a plan might be appropriate, the

  5  commissioner shall appoint a new health benefit plan committee

  6  in the manner provided in subparagraph 1. to submit

  7  recommended modifications to the department for approval.

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

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

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

11  employer carrier shall disclose in writing to the employer

12  provide such employer group with a written statement that

13  contains, at a minimum:

14         a.  An explanation of those mandated benefits and

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

16         a.b.  An outline of coverage explanation of the managed

17  care and cost control features of the policy or contract,

18  along with all appropriate mailing addresses and telephone

19  numbers to be used by insureds in seeking information or

20  authorization; and

21         b.c.  An explanation of The primary and preventive care

22  features of the policy or contract; and.

23

24  Such disclosure statement must be presented in a clear and

25  understandable form and format and must be separate from the

26  policy or certificate or evidence of coverage provided to the

27  employer group.

28         2.  Before a small employer carrier issues a standard

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

30  benefit policy or contract, it must obtain from the

31

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  1  prospective policyholder a signed written statement in which

  2  the prospective policyholder:

  3         a.  Certifies as to eligibility for coverage under the

  4  standard health benefit plan, basic health benefit plan, or

  5  limited benefit policy or contract;

  6         c.b.  Acknowledges The limited nature of the coverage

  7  and information sufficient to provide an understanding of the

  8  managed care and cost control features of the policy or

  9  contract.;

10         c.  Acknowledges that if misrepresentations are made

11  regarding eligibility for coverage under a standard health

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

13  benefit policy or contract, the person making such

14  misrepresentations forfeits coverage provided by the policy or

15  contract; and

16         2.d.  If a limited plan is requested, the prospective

17  policyholder must acknowledge in writing acknowledges that he

18  or she was the prospective policyholder had been offered, at

19  the time of application for the insurance policy or contract,

20  the opportunity to purchase any health benefit plan offered by

21  the carrier and that he or she the prospective policyholder

22  had rejected that coverage.

23

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

25  prospective policyholder no later than at the time of delivery

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

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

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

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

30         3.  Any material statement made by an applicant for

31  coverage under a health benefit plan which falsely certifies

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

  2  basis for terminating coverage under the policy or contract.

  3         3.4.  Each marketing communication that is intended to

  4  be used in the marketing of a health benefit plan in this

  5  state must be submitted for review by the department prior to

  6  use and must contain the disclosures stated in this

  7  subsection.

  8         4.  The contract, policy, and certificates evidencing

  9  coverage under a limited benefit policy or contract and the

10  application for coverage under such plans must state in not

11  less than 10-point type on the first page in contrasting color

12  the following: "The benefits provided by this health plan are

13  limited and may not cover all of your medical needs. You

14  should carefully review the benefits offered under this health

15  plan."

16         (e)  A small employer carrier may not use any policy,

17  contract, form, or rate under this section, including

18  applications, enrollment forms, policies, contracts,

19  certificates, evidences of coverage, riders, amendments,

20  endorsements, and disclosure forms, until the insurer has

21  filed it with the department and the department has approved

22  it under ss. 627.410, and 627.411, and 641.31 and this

23  section.

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

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

26  law requiring coverage for a specific health care service or

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

28  consideration of a specific category of licensed health care

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

30  benefit plan policy or contract or a limited benefit policy or

31  contract offered or delivered to a small employer unless that

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  1  law is made expressly applicable to such policies or

  2  contracts. A law restricting or limiting deductibles,

  3  copayments, or annual or lifetime maximum payments does not

  4  apply to a limited benefit policy or contract offered or

  5  delivered to a small employer unless the law is made expressly

  6  applicable to such a policy or contract. A limited benefit

  7  policy or contract that is offered or delivered to a small

  8  employer may also be offered or delivered to an employer

  9  having 51 or more eligible employees. Any covered disease or

10  condition may be treated by any physician, without

11  discrimination, who is licensed or certified to treat the

12  disease or condition.

13         Section 9.  Section 627.911, Florida Statutes, is

14  amended to read:

15         627.911  Scope of this part.--Any insurer or health

16  maintenance organization transacting insurance in this state

17  shall report information as required by this part.

18         Section 10.  Section 627.9175, Florida Statutes, is

19  amended to read:

20         627.9175  Reports of information on health insurance.--

21         (1)  Each authorized health insurer shall submit

22  annually to the department information concerning health

23  insurance coverage being issued or currently in force in this

24  state. The information must include information related to

25  premium, number of policies, and covered lives for such

26  policies and other information necessary for analyzing trends

27  in enrollment, premiums, and claim costs. as to policies of

28  individual health insurance:

29         (a)  The required information must be broken down by

30  market segment, to include:

31

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  1         1.  Health insurance issuer company contact

  2  information.

  3         2.  Information on all health insurance products issued

  4  or in force. Such information must include:

  5         a.  Direct premiums earned.

  6         b.  Direct losses incurred.

  7         c.  Direct premiums earned for new business issued

  8  during the year.

  9         d.  Number of policies.

10         e.  Number of certificates.

11         f.  Number of total covered lives.

12         A summary of typical benefits, exclusions, and

13  limitations for each type of individual policy form currently

14  being issued in the state.  The summary shall include, as

15  appropriate:

16         1.  The deductible amount;

17         2.  The coinsurance percentage;

18         3.  The out-of-pocket maximum;

19         4.  Outpatient benefits;

20         5.  Inpatient benefits; and

21         6.  Any exclusions for preexisting conditions.

22

23  The department shall determine other appropriate benefits,

24  exclusions, and limitations to be reported for inclusion in

25  the consumer's guide published pursuant to this section.

26         (b)  The department may adopt rules to administer this

27  section, including, but not limited to, rules governing

28  compliance and provisions implementing electronic

29  methodologies for use in furnishing such records or documents.

30  A schedule of rates for each type of individual policy form

31  reflecting typical variations by age, sex, region of the

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  1  state, or any other applicable factor which is in use and is

  2  determined to be appropriate for inclusion by the department.

  3

  4  The department may shall provide by rule a uniform format for

  5  the submission of this information in order to allow for

  6  meaningful comparisons of premiums charged for comparable

  7  benefits. The department shall publish annually a consumer's

  8  guide which summarizes and compares the information required

  9  to be reported under this subsection.

10         (2)(a)  The department shall publish annually a

11  consumer's guide Every insurer transacting health insurance in

12  this state shall report annually to the department, not later

13  than April 1, information relating to any measure the insurer

14  has implemented or proposes to implement during the next

15  calendar year for the purpose of containing health insurance

16  costs or cost increases. The reports shall identify each

17  measure and the forms to which the measure is applied, shall

18  provide an explanation as to how the measure is used, and

19  shall provide an estimate of the cost effect of the measure.

20         (b)  The department shall promulgate forms to be used

21  by insurers in reporting information pursuant to this

22  subsection and shall utilize such forms to analyze the effects

23  of health care cost containment programs used by health

24  insurers in this state.

25         (c)  The department shall analyze the data reported

26  under this subsection and shall annually make available to the

27  public a summary of its findings as to the types of cost

28  containment measures reported and the estimated effect of

29  these measures.

30         Section 11.  Section 627.9403, Florida Statutes, is

31  amended to read:

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  1         627.9403  Scope.--The provisions of this part shall

  2  apply to long-term care insurance policies delivered or issued

  3  for delivery in this state, and to policies delivered or

  4  issued for delivery outside this state to the extent provided

  5  in s. 627.9406, by an insurer, a fraternal benefit society as

  6  defined in s. 632.601, a health maintenance organization as

  7  defined in s. 641.19, a prepaid health clinic as defined in s.

  8  641.402, or a multiple-employer welfare arrangement as defined

  9  in s. 624.437. A policy which is advertised, marketed, or

10  offered as a long-term care policy and as a Medicare

11  supplement policy shall meet the requirements of this part and

12  the requirements of ss. 627.671-627.675 and, to the extent of

13  a conflict, be subject to the requirement that is more

14  favorable to the policyholder or certificateholder. The

15  provisions of this part shall not apply to a continuing care

16  contract issued pursuant to chapter 651 and shall not apply to

17  guaranteed renewable policies issued prior to October 1, 1988.

18  Any limited benefit policy that limits coverage to care in a

19  nursing home or to one or more lower levels of care required

20  or authorized to be provided by this part or by department

21  rule must meet all requirements of this part that apply to

22  long-term care insurance policies, except ss. 627.9407(3)(c)

23  and (d), (9), (10)(f), and (12) and 627.94073(2). If the

24  limited benefit policy does not provide coverage for care in a

25  nursing home, but does provide coverage for one or more lower

26  levels of care, the policy shall also be exempt from the

27  requirements of s. 627.9407(3)(d).

28         Section 12.  Section 627.9408, Florida Statutes, is

29  amended to read:

30         627.9408  Rules.--

31

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  1         (1)  The department may has authority to adopt rules

  2  pursuant to ss. 120.536(1) and 120.54 to administer implement

  3  the provisions of this part.

  4         (2)  The department may adopt by rule the provisions of

  5  the Long-Term Care Insurance Model Regulation adopted by the

  6  National Association of Insurance Commissioners in the second

  7  quarter of the year 2000 which are not in conflict with the

  8  Florida Insurance Code.

  9         Section 13.  Paragraphs (b) and (d) of subsection (3)

10  of section 641.31, Florida Statutes, are amended, and

11  paragraph (f) is added to that subsection, to read:

12         641.31  Health maintenance contracts.--

13         (3)

14         (b)  Any change in the rate is subject to paragraph (d)

15  and requires at least 30 days' advance written notice to the

16  subscriber. In the case of a group member, there may be a

17  contractual agreement with the health maintenance organization

18  to have the employer provide the required notice to the

19  individual members of the group. This paragraph does not apply

20  to a group contract covering 51 or more persons unless the

21  rate is for any coverage under which the increase in claim

22  costs over the lifetime of the contract due to advancing age

23  or duration is prefunded in the premium.

24         (d)  Any change in rates charged for the contract must

25  be filed with the department not less than 30 days in advance

26  of the effective date. At the expiration of such 30 days, the

27  rate filing shall be deemed approved unless prior to such time

28  the filing has been affirmatively approved or disapproved by

29  order of the department pursuant to s. 627.411. The approval

30  of the filing by the department constitutes a waiver of any

31  unexpired portion of such waiting period. The department may

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  1  extend by not more than an additional 15 days the period

  2  within which it may so affirmatively approve or disapprove any

  3  such filing, by giving notice of such extension before

  4  expiration of the initial 30-day period. At the expiration of

  5  any such period as so extended, and in the absence of such

  6  prior affirmative approval or disapproval, any such filing

  7  shall be deemed approved.

  8         (f)  A health maintenance organization that has fewer

  9  than 1,000 covered subscribers under all individual or group

10  contracts at the time of a rate filing may file for an annual

11  rate increase limited to annual medical trend, as adopted by

12  the department. The filing is in lieu of the actuarial

13  memorandum otherwise required for the rate filing. The filing

14  must include forms adopted by the department and a

15  certification by an officer of the company that the filing

16  includes all similar forms.

17         Section 14.  Subsections (1) and (3) of section

18  641.3111, Florida Statutes, are amended to read:

19         641.3111  Extension of benefits.--

20         (1)  Every group health maintenance contract shall

21  provide that termination of the contract shall be without

22  prejudice to any continuous loss which commenced while the

23  contract was in force, but any extension of benefits beyond

24  the period the contract was in force may be predicated upon

25  the continuous total disability of the subscriber and may be

26  limited to payment for the treatment of a specific accident or

27  illness incurred while the subscriber was a member. The

28  extension is required regardless of whether the group contract

29  holder or other entity secures replacement coverage from a new

30  insurer or health maintenance organization or foregoes the

31  provision of coverage. The required provision must provide for

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  1  continuation of contract benefits in connection with the

  2  treatment of a specific accident or illness incurred while the

  3  contract was in effect. Such extension of benefits may be

  4  limited to the occurrence of the earliest of the following

  5  events:

  6         (a)  The expiration of 12 months.

  7         (b)  Such time as the member is no longer totally

  8  disabled.

  9         (c)  A succeeding carrier elects to provide replacement

10  coverage without limitation as to the disability condition.

11         (d)  The maximum benefits payable under the contract

12  have been paid.

13         (3)  In the case of maternity coverage, when not

14  covered by the succeeding carrier, a reasonable extension of

15  benefits or accrued liability provision is required, which

16  provision provides for continuation of the contract benefits

17  in connection with maternity expenses for a pregnancy that

18  commenced while the policy was in effect.  The extension shall

19  be for the period of that pregnancy and shall not be based

20  upon total disability.

21         Section 15.  This act shall take effect October 1,

22  2002.

23

24

25

26

27

28

29

30

31

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  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Provides for a pilot program for health flex plans for
  4    uninsured persons, exempts approved health flex plans
      from licensing requirements, provides criteria for
  5    eligibility to enroll in a health flex plan, requires
      health flex plan providers to maintain records, provides
  6    requirements for denial, nonrenewal, or cancellation of
      coverage, specifies that coverage under an approved
  7    health flex plan is not an entitlement, and provides for
      civil actions against health flex plan entities by the
  8    Agency for Health Care Administration. Revises various
      other health insurance provisions relating to group
  9    health insurance policies, alternative rate-filing
      requirements, insurance policy forms, allowable new
10    business rates and renewal rates, medical trend
      determinations in rate-filing approvals, reinsurance,
11    extensions of benefits, continuations of coverage, the
      Employee Health Care Access Act, disclosure requirements,
12    limited benefit policies, health insurance reporting
      requirements for insurers, long-term-care insurance
13    policy requirements for limited benefit policies,
      Department of Insurance rulemaking authority, and health
14    maintenance organizations. (See bill for details.)

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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