House Bill hb0913e2

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                                       CS/HB 913, Second Engrossed



  1                      A bill to be entitled

  2         An act relating to health care; amending s.

  3         627.6699, F.S.; revising a definition;

  4         authorizing carriers to separate certain

  5         experience groups for certain purposes;

  6         providing limitations for rates under an

  7         alternative modified community rating under

  8         certain circumstances; requiring the Insurance

  9         Commissioner to appoint a health benefit plan

10         committee to modify the standard, basic, and

11         flexible health benefit plans; including

12         coverage for diabetes treatment in certain

13         plans, policies, and contracts; revising

14         certain disclosure requirements; providing

15         additional notice requirements; prohibiting

16         small employer carriers from using certain

17         policies, contracts, forms, or rates unless

18         filed with and approved by the Department of

19         Insurance pursuant to certain provisions;

20         restricting application of certain laws to

21         flexible benefit policies under certain

22         circumstances; authorizing offering or

23         delivering flexible benefit policies or

24         contracts to certain employers; providing

25         requirements for benefits in flexible benefit

26         policies or contracts for small employers;

27         providing exemptions; providing an effective

28         date.

29

30         WHEREAS, the Legislature recognizes that the increasing

31  number of uninsured Floridians is due in part to small


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                                       CS/HB 913, Second Engrossed



  1  employers' and their employees' inability to afford

  2  comprehensive health insurance coverage, and

  3         WHEREAS, the Legislature recognizes the need for small

  4  employers and their employees to have the opportunity to

  5  choose more affordable and flexible health insurance plans,

  6  and

  7         WHEREAS, it is the intent of the Legislature that

  8  insurers and health maintenance organizations have maximum

  9  flexibility in health plan design or in developing a health

10  plan design to complement a medical savings account program

11  established by a small employer for the benefit of its

12  employees, NOW, THEREFORE,

13

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

15

16         Section 1.  Paragraph (m) of subsection (3), paragraph

17  (b) of subsection (6), and subsections (12) and (15) of

18  section 627.6699, Florida Statutes, are amended to read:

19         627.6699  Employee Health Care Access Act.--

20         (3)  DEFINITIONS.--As used in this section, the term:

21         (m)  "Flexible Limited benefit policy or contract"

22  means a policy or contract that provides coverage for each

23  person insured under the policy for a specifically named

24  disease or diseases, a specifically named accident, or a

25  specifically named limited market that fulfills a an

26  experimental or reasonable need by providing more affordable

27  health insurance to a small employer or a small employer

28  health alliance under s. 627.654, such as the small group

29  market.

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

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                                       CS/HB 913, Second Engrossed



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

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

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

  4  benefit plans subject to this section are subject to the

  5  following:

  6         1.  Small employer carriers must use a modified

  7  community rating methodology in which the premium for each

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

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

10  family composition, tobacco use, or geographic area as

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

12  be adjusted as permitted by subparagraphs 5. and 6.

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

14  composition, tobacco use, or geographic location may be

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

16  The factors used by carriers are subject to department review

17  and approval.

18         3.  Small employer carriers may not modify the rate for

19  a small employer for 12 months from the initial issue date or

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

21  benefits are changed. However, a small employer carrier may

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

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

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

25  employers covered under the policy if:

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

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

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

29         b.  The insurer demonstrates to the department that

30  efficiencies in administration are achieved and reflected in

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


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                                       CS/HB 913, Second Engrossed



  1         4.  A carrier may issue a group health insurance policy

  2  to a small employer health alliance or other group association

  3  with rates that reflect a premium credit for expense savings

  4  attributable to administrative activities being performed by

  5  the alliance or group association if such expense savings are

  6  specifically documented in the insurer's rate filing and are

  7  approved by the department.  Any such credit may not be based

  8  on different morbidity assumptions or on any other factor

  9  related to the health status or claims experience of any

10  person covered under the policy. Nothing in this subparagraph

11  exempts an alliance or group association from licensure for

12  any activities that require licensure under the insurance

13  code. A carrier issuing a group health insurance policy to a

14  small employer health alliance or other group association

15  shall allow any properly licensed and appointed agent of that

16  carrier to market and sell the small employer health alliance

17  or other group association policy. Such agent shall be paid

18  the usual and customary commission paid to any agent selling

19  the policy.

20         5.  Any adjustments in rates for claims experience,

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

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

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

24  small employer which deviates more than 15 percent from the

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

26  uniformly to the rates charged for all employees and

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

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

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

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

31  dependents of the small employer. Semiannually, small group


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                                       CS/HB 913, Second Engrossed



  1  carriers shall report information on forms adopted by rule by

  2  the department, to enable the department to monitor the

  3  relationship of aggregate adjusted premiums actually charged

  4  policyholders by each carrier to the premiums that would have

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

  6  community rates. If the aggregate resulting from the

  7  application of such adjustment exceeds the premium that would

  8  have been charged by application of the approved modified

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

10  the carrier shall limit the application of such adjustments

11  only to minus adjustments beginning not more than 60 days

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

13  reporting period, if the total aggregate adjusted premium

14  actually charged does not exceed the premium that would have

15  been charged by application of the approved modified community

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

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

18  a small employer's premium based on administrative and

19  acquisition expense differences resulting from the size of the

20  group. Group size administrative and acquisition expense

21  factors may be developed by each carrier to reflect the

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

23  approval.

24         6.  A small employer carrier rating methodology may

25  include separate rating categories for one dependent child,

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

27  children for family coverage of employees having a spouse and

28  dependent children or employees having dependent children

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

30  greater, numbers of categories for dependent children than

31  those specified in this subparagraph.


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                                       CS/HB 913, Second Engrossed



  1         7.  Small employer carriers may not use a composite

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

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

  4  rating methodology" means a rating methodology that averages

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

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

  7         8.a.  A carrier may separate the experience of small

  8  employer groups with less than 2 eligible employees from the

  9  experience of small employer groups with 2-50 eligible

10  employees for purposes of determining an alternative modified

11  community rating.

12         b.  If a carrier separates the experience of small

13  employer groups as provided in sub-subparagraph a., the rate

14  to be charged to small employer groups of less than 2 eligible

15  employees may not exceed 150 percent of the rate determined

16  for small employer groups of 2-50 eligible employees. However,

17  the carrier may charge excess losses of the experience pool

18  consisting of small employer groups with less than 2 eligible

19  employees to the experience pool consisting of small employer

20  groups with 2-50 eligible employees so that all losses are

21  allocated and the 150-percent rate limit on the experience

22  pool consisting of small employer groups with less than 2

23  eligible employees is maintained. Notwithstanding s.

24  627.411(1), the rate to be charged to a small employer group

25  of fewer than 2 eligible employees, insured as of July 1,

26  2002, may be up to 125 percent of the rate determined for

27  small employer groups of 2-50 eligible employees for the first

28  annual renewal and 150 percent for subsequent annual renewals.

29         (12)  STANDARD, BASIC, AND FLEXIBLE LIMITED HEALTH

30  BENEFIT PLANS.--

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                                       CS/HB 913, Second Engrossed



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

  2  a health benefit plan committee composed of four

  3  representatives of carriers which shall include at least two

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

  5  model HMO, two representatives of agents, four representatives

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

  7  carrier members shall be selected from a list of individuals

  8  recommended by the board.  The commissioner may require the

  9  board to submit additional recommendations of individuals for

10  appointment.

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

12  of this subsection.

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

14  department prior to issuance or delivery by any small employer

15  carrier.

16         4.  Before October 1, 2002, and in every fourth year

17  thereafter, the commissioner shall appoint a new health

18  benefit plan committee in the manner provided in subparagraph

19  1. to determine if modifications to a plan might be

20  appropriate and to submit recommended modifications to the

21  department for approval.  Such determination shall be based

22  upon prevailing industry standards regarding managed care and

23  cost containment provisions and shall be for the purpose of

24  ensuring that the benefit plans offered to small employers on

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

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

27  Each new health benefit plan committee shall evaluate the

28  implementation of this act and its impact on the entities that

29  provide the plans, the number of enrollees, the participants

30  covered by the plans and their access to care, the scope of

31  health care coverage offered under the plans, and an


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                                       CS/HB 913, Second Engrossed



  1  assessment of the plans. This determination shall be included

  2  in a report submitted to the President of the Senate and the

  3  Speaker of the House of Representatives annually by October 1.

  4  After approval of the revised health benefit plans, if the

  5  department determines that modifications to a plan might be

  6  appropriate, the commissioner shall appoint a new health

  7  benefit plan committee in the manner provided in subparagraph

  8  1. to submit recommended modifications to the department for

  9  approval.

10         (b)1.  Each small employer carrier issuing new health

11  benefit plans shall offer to any small employer, upon request,

12  a standard health benefit plan and a basic health benefit plan

13  that meets the criteria set forth in this section.

14         2.  For purposes of this subsection, the terms

15  "standard health benefit plan" and "basic health benefit plan"

16  mean policies or contracts that a small employer carrier

17  offers to eligible small employers that contain:

18         a.  An exclusion for services that are not medically

19  necessary or that are not covered preventive health services;

20  and

21         b.  A procedure for preauthorization by the small

22  employer carrier, or its designees.

23         3.  A small employer carrier may include the following

24  managed care provisions in the policy or contract to control

25  costs:

26         a.  A preferred provider arrangement or exclusive

27  provider organization or any combination thereof, in which a

28  small employer carrier enters into a written agreement with

29  the provider to provide services at specified levels of

30  reimbursement or to provide reimbursement to specified

31  providers. Any such written agreement between a provider and a


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                                       CS/HB 913, Second Engrossed



  1  small employer carrier must contain a provision under which

  2  the parties agree that the insured individual or covered

  3  member has no obligation to make payment for any medical

  4  service rendered by the provider which is determined not to be

  5  medically necessary.  A carrier may use preferred provider

  6  arrangements or exclusive provider arrangements to the same

  7  extent as allowed in group products that are not issued to

  8  small employers.

  9         b.  A procedure for utilization review by the small

10  employer carrier or its designees.

11

12  This subparagraph does not prohibit a small employer carrier

13  from including in its policy or contract additional managed

14  care and cost containment provisions, subject to the approval

15  of the department, which have potential for controlling costs

16  in a manner that does not result in inequitable treatment of

17  insureds or subscribers.  The carrier may use such provisions

18  to the same extent as authorized for group products that are

19  not issued to small employers.

20         4.  The standard health benefit plan and any flexible

21  benefit policy or contract shall include:

22         a.  Coverage for inpatient hospitalization;

23         b.  Coverage for outpatient services;

24         c.  Coverage for newborn children pursuant to s.

25  627.6575;

26         d.  Coverage for child care supervision services

27  pursuant to s. 627.6579;

28         e.  Coverage for adopted children upon placement in the

29  residence pursuant to s. 627.6578;

30         f.  Coverage for mammograms pursuant to s. 627.6613;

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                                       CS/HB 913, Second Engrossed



  1         g.  Coverage for handicapped children pursuant to s.

  2  627.6615;

  3         h.  Emergency or urgent care out of the geographic

  4  service area; and

  5         i.  Coverage for services provided by a hospice

  6  licensed under s. 400.602 in cases where such coverage would

  7  be the most appropriate and the most cost-effective method for

  8  treating a covered illness; and

  9         j.  Coverage for diabetes treatment services pursuant

10  to s. 627.65745.

11         5.  The standard health benefit plan and the basic

12  health benefit plan may include a schedule of benefit

13  limitations for specified services and procedures.  If the

14  committee develops such a schedule of benefits limitation for

15  the standard health benefit plan or the basic health benefit

16  plan, a small employer carrier offering the plan must offer

17  the employer an option for increasing the benefit schedule

18  amounts by 4 percent annually.

19         6.  The basic health benefit plan shall include all of

20  the benefits specified in subparagraph 4.; however, the basic

21  health benefit plan shall place additional restrictions on the

22  benefits and utilization and may also impose additional cost

23  containment measures.

24         7.  Sections 627.419(2), (3), and (4), 627.6574,

25  627.6612, 627.66121, 627.66122, 627.6616, 627.6618, 627.668,

26  and 627.66911 apply to the standard health benefit plan, to

27  any flexible benefit policy or contract, and to the basic

28  health benefit plan. However, notwithstanding said provisions,

29  the plans may specify limits on the number of authorized

30  treatments, if such limits are reasonable and do not

31  discriminate against any type of provider.


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                                       CS/HB 913, Second Engrossed



  1         8.  Each small employer carrier that provides for

  2  inpatient and outpatient services by allopathic hospitals may

  3  provide as an option of the insured similar inpatient and

  4  outpatient services by hospitals accredited by the American

  5  Osteopathic Association when such services are available and

  6  the osteopathic hospital agrees to provide the service.

  7         (c)  If a small employer rejects, in writing, the

  8  standard health benefit plan and the basic health benefit

  9  plan, the small employer carrier may offer the small employer

10  a flexible limited benefit policy or contract.

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

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

13  limited benefit policy or contract for any small employer, the

14  small employer carrier shall disclose in writing to the

15  provide such employer group with a written statement that

16  contains, at a minimum:

17         a.  An explanation of those mandated benefits and

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

19         a.b.  An outline of coverage together explanation of

20  the managed care and cost control features of the policy or

21  contract, along with all appropriate mailing addresses and

22  telephone numbers to be used by insureds in seeking

23  information or authorization.; and

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

25  features of the policy or contract.

26

27  Such disclosure statement must be presented in a clear and

28  understandable form and format and must be separate from the

29  policy or certificate or evidence of coverage provided to the

30  employer group.

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                                       CS/HB 913, Second Engrossed



  1         2.  Before a small employer carrier issues a standard

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

  3  benefit policy or contract, it must obtain from the

  4  prospective policyholder a signed written statement in which

  5  the prospective policyholder:

  6         a.  Certifies as to eligibility for coverage under the

  7  standard health benefit plan, basic health benefit plan, or

  8  limited benefit policy or contract;

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

10  and an understanding of the managed care and cost control

11  features of the policy or contract.;

12         c.  Acknowledges that if misrepresentations are made

13  regarding eligibility for coverage under a standard health

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

15  benefit policy or contract, the person making such

16  misrepresentations forfeits coverage provided by the policy or

17  contract; and

18         2.d.  If a flexible benefit policy or contract limited

19  plan is requested, the prospective policyholder must

20  acknowledge in writing acknowledges that he or she the

21  prospective policyholder had been offered, at the time of

22  application for the insurance policy or contract, the

23  opportunity to purchase any health benefit plan offered by the

24  carrier and that the prospective policyholder had rejected

25  that coverage.

26

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

28  prospective policyholder no later than at the time of delivery

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

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

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                                       CS/HB 913, Second Engrossed



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

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

  3         3.  Any material statement made by an applicant for

  4  coverage under a health benefit plan which falsely certifies

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

  6  basis for terminating coverage under the policy or contract.

  7         3.4.  Each marketing communication that is intended to

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

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

10  use and must contain the disclosures stated in this

11  subsection.

12         4.  The contract, policy, and certificates evidencing

13  coverage under a flexible benefit policy or contract and the

14  application for coverage under such plans must state in not

15  less than 12-point bold type on the first page in contrasting

16  color the following:  "The benefits provided by this health

17  plan are limited and may not cover all of your medical needs.

18  You should carefully review the benefits offered under this

19  health plan."

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

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

22  applications, enrollment forms, policies, contracts,

23  certificates, evidences of coverage, riders, amendments,

24  endorsements, and disclosure forms, until the carrier insurer

25  has filed it with the department and the department has

26  approved it under ss. 627.410, and 627.411, and 641.31 and

27  this section.

28         (f)  A flexible benefit policy or contract must have an

29  annual maximum benefit of $25,000 or greater and a lifetime

30  benefit of $500,000 or greater and such benefit shall be

31  disclosed in 12-point bold type in contrasting color.


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                                       CS/HB 913, Second Engrossed



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

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

  3  law requiring coverage for a specific health care service or

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

  5  consideration of a specific category of licensed health care

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

  7  benefit plan policy or contract or a flexible limited benefit

  8  policy or contract offered or delivered to a small employer

  9  unless that law is made expressly applicable to such policies

10  or contracts. A law restricting or limiting deductibles,

11  coinsurance, copayments, or annual or lifetime maximum

12  payments does not apply to any health plan policy, including a

13  standard or basic health benefit plan policy or contract or a

14  flexible benefit policy or contract, offered or delivered to a

15  small employer unless such law is made expressly applicable to

16  such policy or contract. When any flexible benefit health

17  insurance policy or flexible benefit contract provides for the

18  payment for medical expense benefits or procedures, such

19  policy or contract shall be construed to include payment to a

20  licensed physician or licensed dentist who provides the

21  medical service benefits or procedures which are within the

22  scope of a licensed physician's or licensed dentist's license.

23  Any limitation or condition placed upon payment to, or upon

24  services, diagnosis, or treatment by, any licensed physician

25  or licensed dentist shall apply equally to all licensed

26  physicians or licensed dentists, respectively, without unfair

27  discrimination to the usual and customary treatment procedures

28  of any class of physicians or dentists.

29         (b)  Except as provided in this section, a standard or

30  basic health benefit plan policy or contract or flexible

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                                       CS/HB 913, Second Engrossed



  1  limited benefit policy or contract offered to a small employer

  2  is not subject to any provision of this code which:

  3         1.  Inhibits a small employer carrier from contracting

  4  with providers or groups of providers with respect to health

  5  care services or benefits;

  6         2.  Imposes any restriction on a small employer

  7  carrier's ability to negotiate with providers regarding the

  8  level or method of reimbursing care or services provided under

  9  a health benefit plan; or

10         3.  Requires a small employer carrier to either include

11  a specific provider or class of providers when contracting for

12  health care services or benefits or to exclude any class of

13  providers that is generally authorized by statute to provide

14  such care.

15         (c)  Any second tier assessment paid by a carrier

16  pursuant to paragraph (11)(j) may be credited against

17  assessments levied against the carrier pursuant to s.

18  627.6494.

19         (d)  Notwithstanding chapter 641, a health maintenance

20  organization is authorized to issue contracts providing

21  benefits to a small employer equal to the standard health

22  benefit plan, the basic health benefit plan, and the flexible

23  limited benefit policy authorized by this section. Flexible

24  benefit policies shall contain all provider provisions

25  required under chapter 641.

26         Section 2.  The provisions of this act shall not apply

27  to coverage for newborn children, pursuant to s.627.641, F.S.,

28  maternity care, pursuant to s.627.6406, F.S., and

29  natural-born, adopted, and foster children, pursuant to

30  s.627.6415, F.S.

31         Section 3.  This act shall take effect October 1, 2002.


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