CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 913, 1st Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Farkas offered the following:
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13 Amendment (with directory language and title
14 amendments)
15 On page 8, line 6, through page 12, line 16,
16 remove: all of said lines,
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18 and insert:
19 (b)1. Each small employer carrier issuing new health
20 benefit plans shall offer to any small employer, upon request,
21 a standard health benefit plan and a basic health benefit plan
22 that meets the criteria set forth in this section.
23 2. For purposes of this subsection, the terms
24 "standard health benefit plan" and "basic health benefit plan"
25 mean policies or contracts that a small employer carrier
26 offers to eligible small employers that contain:
27 a. An exclusion for services that are not medically
28 necessary or that are not covered preventive health services;
29 and
30 b. A procedure for preauthorization by the small
31 employer carrier, or its designees.
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 913, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 3. A small employer carrier may include the following
2 managed care provisions in the policy or contract to control
3 costs:
4 a. A preferred provider arrangement or exclusive
5 provider organization or any combination thereof, in which a
6 small employer carrier enters into a written agreement with
7 the provider to provide services at specified levels of
8 reimbursement or to provide reimbursement to specified
9 providers. Any such written agreement between a provider and a
10 small employer carrier must contain a provision under which
11 the parties agree that the insured individual or covered
12 member has no obligation to make payment for any medical
13 service rendered by the provider which is determined not to be
14 medically necessary. A carrier may use preferred provider
15 arrangements or exclusive provider arrangements to the same
16 extent as allowed in group products that are not issued to
17 small employers.
18 b. A procedure for utilization review by the small
19 employer carrier or its designees.
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21 This subparagraph does not prohibit a small employer carrier
22 from including in its policy or contract additional managed
23 care and cost containment provisions, subject to the approval
24 of the department, which have potential for controlling costs
25 in a manner that does not result in inequitable treatment of
26 insureds or subscribers. The carrier may use such provisions
27 to the same extent as authorized for group products that are
28 not issued to small employers.
29 4. The standard health benefit plan and any flexible
30 benefit policy or contract shall include:
31 a. Coverage for inpatient hospitalization;
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hbd0022 03:50 pm 00913-0052-104491
HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 913, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 b. Coverage for outpatient services;
2 c. Coverage for newborn children pursuant to s.
3 627.6575;
4 d. Coverage for child care supervision services
5 pursuant to s. 627.6579;
6 e. Coverage for adopted children upon placement in the
7 residence pursuant to s. 627.6578;
8 f. Coverage for mammograms pursuant to s. 627.6613;
9 g. Coverage for handicapped children pursuant to s.
10 627.6615;
11 h. Emergency or urgent care out of the geographic
12 service area; and
13 i. Coverage for services provided by a hospice
14 licensed under s. 400.602 in cases where such coverage would
15 be the most appropriate and the most cost-effective method for
16 treating a covered illness.
17 5. The standard health benefit plan and the basic
18 health benefit plan may include a schedule of benefit
19 limitations for specified services and procedures. If the
20 committee develops such a schedule of benefits limitation for
21 the standard health benefit plan or the basic health benefit
22 plan, a small employer carrier offering the plan must offer
23 the employer an option for increasing the benefit schedule
24 amounts by 4 percent annually.
25 6. The basic health benefit plan shall include all of
26 the benefits specified in subparagraph 4.; however, the basic
27 health benefit plan shall place additional restrictions on the
28 benefits and utilization and may also impose additional cost
29 containment measures.
30 7. Sections 627.419(2), (3), and (4), 627.6574,
31 627.6612, 627.66121, 627.66122, 627.6616, 627.6618, 627.668,
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hbd0022 03:50 pm 00913-0052-104491
HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 913, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and 627.66911 apply to the standard health benefit plan, to
2 any flexible benefit policy or contract, and to the basic
3 health benefit plan. However, notwithstanding said provisions,
4 the plans may specify limits on the number of authorized
5 treatments, if such limits are reasonable and do not
6 discriminate against any type of provider.
7 8. Each small employer carrier that provides for
8 inpatient and outpatient services by allopathic hospitals may
9 provide as an option of the insured similar inpatient and
10 outpatient services by hospitals accredited by the American
11 Osteopathic Association when such services are available and
12 the osteopathic hospital agrees to provide the service.
13 (c) If a small employer rejects, in writing, the
14 standard health benefit plan and the basic health benefit
15 plan, the small employer carrier may offer the small employer
16 a flexible limited benefit policy or contract.
17 (d)1. Upon offering coverage under a standard health
18 benefit plan, a basic health benefit plan, or a flexible
19 limited benefit policy or contract for any small employer, the
20 small employer carrier shall disclose in writing to the
21 provide such employer group with a written statement that
22 contains, at a minimum:
23 a. An explanation of those mandated benefits and
24 providers that are not covered by the policy or contract;
25 a.b. An outline of coverage together explanation of
26 the managed care and cost control features of the policy or
27 contract, along with all appropriate mailing addresses and
28 telephone numbers to be used by insureds in seeking
29 information or authorization.; and
30 b.c. An explanation of The primary and preventive care
31 features of the policy or contract.
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 913, 1st Eng.
Amendment No. ___ (for drafter's use only)
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2 Such disclosure statement must be presented in a clear and
3 understandable form and format and must be separate from the
4 policy or certificate or evidence of coverage provided to the
5 employer group.
6 2. Before a small employer carrier issues a standard
7 health benefit plan, a basic health benefit plan, or a limited
8 benefit policy or contract, it must obtain from the
9 prospective policyholder a signed written statement in which
10 the prospective policyholder:
11 a. Certifies as to eligibility for coverage under the
12 standard health benefit plan, basic health benefit plan, or
13 limited benefit policy or contract;
14 c.b. Acknowledges The limited nature of the coverage
15 and an understanding of the managed care and cost control
16 features of the policy or contract.;
17 c. Acknowledges that if misrepresentations are made
18 regarding eligibility for coverage under a standard health
19 benefit plan, a basic health benefit plan, or a limited
20 benefit policy or contract, the person making such
21 misrepresentations forfeits coverage provided by the policy or
22 contract; and
23 2.d. If a flexible benefit policy or contract limited
24 plan is requested, the prospective policyholder must
25 acknowledge in writing acknowledges that he or she the
26 prospective policyholder had been offered, at the time of
27 application for the insurance policy or contract, the
28 opportunity to purchase any health benefit plan offered by the
29 carrier and that the prospective policyholder had rejected
30 that coverage.
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 913, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 A copy of such written statement shall be provided to the
2 prospective policyholder no later than at the time of delivery
3 of the policy or contract, and the original of such written
4 statement shall be retained in the files of the small employer
5 carrier for the period of time that the policy or contract
6 remains in effect or for 5 years, whichever period is longer.
7 3. Any material statement made by an applicant for
8 coverage under a health benefit plan which falsely certifies
9 as to the applicant's eligibility for coverage serves as the
10 basis for terminating coverage under the policy or contract.
11 3.4. Each marketing communication that is intended to
12 be used in the marketing of a health benefit plan in this
13 state must be submitted for review by the department prior to
14 use and must contain the disclosures stated in this
15 subsection.
16 4. The contract, policy, and certificates evidencing
17 coverage under a flexible benefit policy or contract and the
18 application for coverage under such plans must state in not
19 less than 12-point bold type on the first page in contrasting
20 color the following: "The benefits provided by this health
21 plan are limited and may not cover all of your medical needs.
22 You should carefully review the benefits offered under this
23 health plan."
24 (e) A small employer carrier may not use any policy,
25 contract, form, or rate under this section, including
26 applications, enrollment forms, policies, contracts,
27 certificates, evidences of coverage, riders, amendments,
28 endorsements, and disclosure forms, until the carrier insurer
29 has filed it with the department and the department has
30 approved it under ss. 627.410, and 627.411, and 641.31 and
31 this section.
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 913, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (f) A flexible benefit policy or contract must have an
2 annual maximum benefit of $25,000 or greater and a lifetime
3 benefit of $500,000 or greater and such benefit shall be
4 disclosed in 12-point bold type in contrasting color.
5 (15) APPLICABILITY OF OTHER STATE LAWS.--
6 (a) Except as expressly provided in this section, a
7 law requiring coverage for a specific health care service or
8 benefit, or a law requiring reimbursement, utilization, or
9 consideration of a specific category of licensed health care
10 practitioner, does not apply to a standard or basic health
11 benefit plan policy or contract or a flexible limited benefit
12 policy or contract offered or delivered to a small employer
13 unless that law is made expressly applicable to such policies
14 or contracts. A law restricting or limiting deductibles,
15 coinsurance, copayments, or annual or lifetime maximum
16 payments does not apply to any health plan policy, including a
17 standard or basic health benefit plan policy or contract or a
18 flexible benefit policy or contract, offered or delivered to a
19 small employer unless such law is made expressly applicable to
20 such policy or contract. When any flexible benefit health
21 insurance policy or flexible benefit contract provides for the
22 payment for medical expense benefits or procedures, such
23 policy or contract shall be construed to include payment to a
24 licensed physician who provides the medical service benefits
25 or procedures which are within the scope of a licensed
26 physician's license. Any limitation or condition placed upon
27 payment to, or upon services, diagnosis, or treatment by, any
28 licensed physician shall apply equally to all licensed
29 physicians without unfair discrimination to the usual and
30 customary treatment procedures of any class of physicians.
31 (b) Except as provided in this section, a standard or
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HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 913, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 basic health benefit plan policy or contract or flexible
2 limited benefit policy or contract offered to a small employer
3 is not subject to any provision of this code which:
4 1. Inhibits a small employer carrier from contracting
5 with providers or groups of providers with respect to health
6 care services or benefits;
7 2. Imposes any restriction on a small employer
8 carrier's ability to negotiate with providers regarding the
9 level or method of reimbursing care or services provided under
10 a health benefit plan; or
11 3. Requires a small employer carrier to either include
12 a specific provider or class of providers when contracting for
13 health care services or benefits or to exclude any class of
14 providers that is generally authorized by statute to provide
15 such care.
16 (c) Any second tier assessment paid by a carrier
17 pursuant to paragraph (11)(j) may be credited against
18 assessments levied against the carrier pursuant to s.
19 627.6494.
20 (d) Notwithstanding chapter 641, a health maintenance
21 organization is authorized to issue contracts providing
22 benefits to a small employer equal to the standard health
23 benefit plan, the basic health benefit plan, and the flexible
24 limited benefit policy authorized by this section.
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27 == D I R E C T O R Y L A N G U A G E A M E N D M E N T ==
28 And the directory language is amended as follows:
29 On page 2, lines 13-16,
30 remove: all of said lines,
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hbd0022 03:50 pm 00913-0052-104491
HOUSE AMENDMENT
hbd-032 Bill No. CS/HB 913, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 and insert: (b) of subsection (6), and subsections (12) and
2 (15) of section 627.6699, Florida Statutes, are amended to
3 read:
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6 ================ T I T L E A M E N D M E N T ===============
7 And the title is amended as follows:
8 On page 1, line 11, after the semicolon,
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10 insert:
11 revising certain disclosure requirements;
12 providing additional notice requirements;
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