Senate Bill sb1796

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 1796

    By Senator Campbell





    32-819-03                                           See HB 723

  1                      A bill to be entitled

  2         An act relating to health insurance; amending

  3         ss. 626.9541, 641.3903, and 641.441, F.S.;

  4         specifying mandatory arbitration as an unfair

  5         method of competition and unfair or deceptive

  6         act or practice for certain insurers, managed

  7         care providers, prepaid limited health service

  8         organizations, or prepaid health clinics;

  9         amending s. 627.4091, F.S.; including certain

10         additional contracts and plans under a

11         requirement to provide specific reasons for

12         denial of an application for insurance;

13         creating s. 627.4303, F.S.; requiring policies,

14         contracts, and plans providing benefits for

15         prescription drug coverage to cover all

16         federally approved drugs without a waiting

17         period; requiring prescription drug formularies

18         to be limited to three tiers of coverage;

19         creating s. 627.6042, F.S.; requiring policies

20         of insurers offering coverage of dependent

21         children to maintain such coverage until the

22         child reaches age 25, under certain

23         circumstances; providing application; amending

24         s. 627.6415, F.S.; deleting an age limitation

25         on application of certain dependent coverage

26         requirements; amending s. 627.6475, F.S.;

27         revising risk-assuming carrier election

28         requirements and procedures; revising certain

29         criteria and limitations under the individual

30         health reinsurance program; amending s.

31         627.6617, F.S.; increasing a minimum

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1         reimbursement limitation amount for home health

  2         care services; amending s. 627.662, F.S.;

  3         revising a list of provisions applicable to

  4         group, blanket, or franchise health insurance

  5         to include use of specific methodology for

  6         payment of claims provisions; amending s.

  7         627.667, F.S.; deleting a limitation on

  8         application of certain extension of benefits

  9         provisions; amending s. 627.6692, F.S.;

10         increasing a time period for payment of premium

11         to continue coverage under a group health plan;

12         amending s. 627.6699, F.S.; revising certain

13         definitions; revising certain coverage

14         enrollment eligibility criteria for small

15         employers; deleting a premium rate restriction

16         on charging for certain rate adjustments;

17         revising small employer carrier election

18         requirements and procedures; revising certain

19         criteria and limitations under the small

20         employer health reinsurance program; amending

21         ss. 627.911 and 627.9175, F.S.; applying

22         certain information reporting requirements to

23         health maintenance organizations; revising

24         health insurance information requirements and

25         criteria; deleting an annual report

26         requirement; amending s. 627.9403, F.S.;

27         deleting an exemption for limited benefit

28         policies from a long-term care insurance

29         restriction relating to nursing home care;

30         amending ss. 636.016 and 641.31, F.S.;

31         requiring prepaid limited health service

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1         organizations and health maintenance

  2         organizations offering coverage of dependent

  3         children to maintain such coverage until the

  4         child reaches age 25, under certain

  5         circumstances; providing application; providing

  6         requirements for contract termination and

  7         denial of a claim related to limiting age

  8         attainment; amending s. 641.3101, F.S.;

  9         providing a compliance requirement for health

10         maintenance contracts using a specific payment

11         of claims methodology; creating s. 641.31075,

12         F.S.; imposing compliance requirements upon

13         health maintenance organization replacements of

14         other group or individual health coverage with

15         organization coverage; amending s. 641.3111,

16         F.S.; deleting a limitation on certain

17         extension of benefits provisions upon group

18         health maintenance contract termination;

19         imposing additional extension of benefits

20         requirements upon such termination; amending

21         ss. 627.651, 641.2018, 641.3107, and 641.513,

22         F.S.; correcting cross-references; providing an

23         effective date.

24

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

26

27         Section 1.  Paragraph (bb) is added to subsection (1)

28  of section 626.9541, Florida Statutes, to read:

29         626.9541  Unfair methods of competition and unfair or

30  deceptive acts or practices defined.--

31

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR

  2  DECEPTIVE ACTS.--The following are defined as unfair methods

  3  of competition and unfair or deceptive acts or practices:

  4         (bb)  Mandatory arbitration.--For a life insurer,

  5  health insurer, or disability insurer, issuing a policy which

  6  requires the submission of disputes between the parties to the

  7  policy or contract to arbitration.

  8         Section 2.  Subsection (1) of section 627.4091, Florida

  9  Statutes, is amended to read:

10         627.4091  Specific reasons for denial, cancellation, or

11  nonrenewal.--

12         (1)  The denial of an application for an insurance

13  policy, health maintenance organization contract, or prepaid

14  limited health service organization plan must be accompanied

15  by the specific reasons for denial, including the specific

16  underwriting reasons, if applicable.

17         Section 3.  Section 627.4303, Florida Statutes, is

18  created to read:

19         627.4303  Prescription drug

20  formularies.--Notwithstanding any other provision of law, any

21  individual, blanket, or group health insurance policy, health

22  maintenance organization contract, or prepaid limited health

23  organization plan, or any health insurance policy or

24  certificate delivered or issued for delivery to any person in

25  this state, including out-of-state group plans pursuant to s.

26  627.6515 covering residents of this state, that provides

27  benefits for prescription drug coverage shall cover all

28  prescription drugs approved by the United States Food and Drug

29  Administration without any waiting period. Prescription drug

30  formularies shall be limited to no more than three tiers of

31  coverage, including generic and nongeneric prescription drugs.

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1         Section 4.  Section 627.6042, Florida Statutes, is

  2  created to read:

  3         627.6042  Dependent coverage.--

  4         (1)  If an insurer offers coverage that insures

  5  dependent children of the policyholder or certificateholder,

  6  the policy must insure a dependent child of the policyholder

  7  or certificateholder at least until the end of the calendar

  8  year in which the child reaches the age of 25, if:

  9         (a)  The child is dependent upon the policyholder or

10  certificateholder for support.

11         (b)  The child is living in the household of the

12  policyholder or certificateholder or the child is a full-time

13  or part-time student.

14         (2)  Nothing in this section affects or preempts an

15  insurer's right to medically underwrite or charge the

16  appropriate premium.

17         Section 5.  Subsections (1) and (4) of section

18  627.6415, Florida Statutes, are amended to read:

19         627.6415  Coverage for natural-born, adopted, and

20  foster children; children in insured's custodial care.--

21         (1)  A health insurance policy that provides coverage

22  for a member of the family of the insured shall, as to the

23  family member's coverage, provide that the health insurance

24  benefits applicable to children of the insured also apply to

25  an adopted child or a foster child of the insured placed in

26  compliance with chapter 63, prior to the child's 18th

27  birthday, from the moment of placement in the residence of the

28  insured. Except in the case of a foster child, the policy may

29  not exclude coverage for any preexisting condition of the

30  child. In the case of a newborn child, coverage begins at the

31  moment of birth if a written agreement to adopt the child has

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  been entered into by the insured prior to the birth of the

  2  child, whether or not the agreement is enforceable. This

  3  section does not require coverage for an adopted child who is

  4  not ultimately placed in the residence of the insured in

  5  compliance with chapter 63.

  6         (4)  In order to increase access to postnatal, infant,

  7  and pediatric health care for all children placed in

  8  court-ordered custody, including foster children, all health

  9  insurance policies that provide coverage for a member of the

10  family of the insured shall, as to such family member's

11  coverage, also provide that the health insurance benefits

12  applicable for children shall be payable with respect to a

13  foster child or other child in court-ordered temporary or

14  other custody of the insured, prior to the child's 18th

15  birthday.

16         Section 6.  Paragraph (a) of subsection (5), paragraph

17  (c) of subsection (6), and paragraphs (b), (c), and (e) of

18  subsection (7) of section 627.6475, Florida Statutes, are

19  amended to read:

20         627.6475  Individual reinsurance pool.--

21         (5)  ISSUER'S ELECTION TO BECOME A RISK-ASSUMING

22  CARRIER.--

23         (a)  Each health insurance issuer that offers

24  individual health insurance must elect to become a

25  risk-assuming carrier or a reinsuring carrier for purposes of

26  this section. Each such issuer must make an initial election,

27  binding through December 31, 1999. The issuer's initial

28  election must be made no later than October 31, 1997. By

29  October 31, 1997, all issuers must file a final election,

30  which is binding for 2 years, from January 1, 1998, through

31  December 31, 1999, after which an election which shall be

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  binding indefinitely or until modified or withdrawn for a

  2  period of 5 years. The department may permit an issuer to

  3  modify its election at any time for good cause shown, after a

  4  hearing.

  5         (6)  ELECTION PROCESS TO BECOME A RISK-ASSUMING

  6  CARRIER.--

  7         (c)  The department shall provide public notice of an

  8  issuer's filing a designation of election under this

  9  subsection to become a risk-assuming carrier and shall provide

10  at least a 21-day period for public comment upon receipt of

11  such filing prior to making a decision on the election. The

12  department shall hold a hearing on the election at the request

13  of the issuer.

14         (7)  INDIVIDUAL HEALTH REINSURANCE PROGRAM.--

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

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

17  following provisions:

18         1.  A reinsuring carrier may reinsure an eligible

19  individual within 90 60 days after commencement of the

20  coverage of the eligible individual.

21         2.  The program may not reimburse a participating

22  carrier with respect to the claims of a reinsured eligible

23  individual until the carrier has paid incurred claims of an

24  amount equal to the participating carrier's selected

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

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

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

28  5 percent of the next $100,000 of incurred claims during a

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

30         3.  The board shall annually adjust the initial level

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

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  to reflect increases in costs and utilization within the

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

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

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

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

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

  7  department approves a lower adjustment factor.

  8         4.  A reinsuring carrier may terminate reinsurance for

  9  all reinsured eligible individuals on any plan anniversary.

10         5.  The premium rate charged for reinsurance by the

11  program to a health maintenance organization that is approved

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

13  qualified health maintenance organization pursuant to 42

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

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

16  to the program, which requirements are more restrictive than

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

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

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

20  program.

21         6.  The board may consider adjustments to the premium

22  rates charged for reinsurance by the program or carriers that

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

24  case management, as defined by the board.

25         7.  A reinsuring carrier shall apply its

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

27  not limited to, utilization review, individual case

28  management, preferred provider provisions, other managed-care

29  provisions, or methods of operation consistently with both

30  reinsured business and nonreinsured business.

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




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

  2  shall establish a methodology for determining premium rates to

  3  be charged by the program for reinsuring eligible individuals

  4  pursuant to this section. The methodology must include a

  5  system for classifying individuals which reflects the types of

  6  case characteristics commonly used by carriers in this state.

  7  The methodology must provide for the development of basic

  8  reinsurance premium rates, which shall be multiplied by the

  9  factors set for them in this paragraph to determine the

10  premium rates for the program. The basic reinsurance premium

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

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

13  reasonably approximate gross premiums charged to eligible

14  individuals for individual health insurance by health

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

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

17  reflect differences in cost. An eligible individual may be

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

19  by the board.

20         2.  The board shall periodically review the methodology

21  established, including the system of classification and any

22  rating factors, to ensure that it reasonably reflects the

23  claims experience of the program. The board may propose

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

25  department.

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

27  the board shall determine and report to the department the

28  program net loss in the individual account for the previous

29  year, including administrative expenses for that year and the

30  incurred losses for that year, taking into account investment

31  income and other appropriate gains and losses.

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




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

  2  shall be recouped by assessing the carriers as follows:

  3         a.  The operating losses of the program shall be

  4  assessed in the following order subject to the specified

  5  limitations. The first tier of assessments shall be made

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

  7  percent of each reinsuring carrier's premiums for individual

  8  health insurance. If such assessments have been collected and

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

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

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

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

13  carriers are exempt from all assessments authorized pursuant

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

15  the first tier of assessments shall be credited against any

16  additional assessments made.

17         c.  The board shall equitably assess reinsuring

18  carriers for operating losses of the individual account based

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

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

21  The first tier of assessments shall be determined by

22  multiplying the operating losses by a fraction, the numerator

23  of which equals the reinsuring carrier's earned premium

24  pertaining to direct writings of individual health insurance

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

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

27  all such premiums earned by reinsuring carriers in the state

28  during that calendar year. The second tier of assessments

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

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

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

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  against reinsuring carriers to ensure the financial ability of

  2  the plan to cover claims expenses and administrative expenses

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

  4  the calendar year prior to the association's anticipated

  5  receipt of annual assessments for that calendar year. Any

  6  interim assessment is due and payable within 30 days after

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

  8  assessment payments shall be credited against the carrier's

  9  annual assessment. Health benefit plan premiums and benefits

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

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

12  considered for purposes of determining assessments.

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

14  board shall adjust the assessment formula for reinsuring

15  carriers that are approved as federally qualified health

16  maintenance organizations by the Secretary of Health and Human

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

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

19  imposed on other carriers.

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

21  shall determine and file with the department an estimate of

22  the assessments needed to fund the losses incurred by the

23  program in the individual account for the previous calendar

24  year.

25         4.  If the board determines that the assessments needed

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

27  account for the previous calendar year will exceed the amount

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

29  operation of the program and report its findings and

30  recommendations to the department in the format established in

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




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

  2  employer reinsurance program.

  3         Section 7.  Subsection (2) of section 627.6617, Florida

  4  Statutes, is amended to read:

  5         627.6617  Coverage for home health care services.--

  6         (2)  Carriers providing coverage pursuant to this

  7  section may establish a maximum length of care for any policy

  8  year, but in no event shall reimbursement be limited to an

  9  amount less than $15,000 $1,000 per year.

10         Section 8.  Section 627.662, Florida Statutes, is

11  amended to read:

12         627.662  Other provisions applicable.--The following

13  provisions apply to group health insurance, blanket health

14  insurance, and franchise health insurance:

15         (1)  Section 627.569, relating to use of dividends,

16  refunds, rate reductions, commissions, and service fees.

17         (2)  Section 627.602(1)(f) and (2), relating to

18  identification numbers and statement of deductible provisions.

19         (3)  Section 627.6044, relating to the use of specific

20  methodology for payment of claims.

21         (4)(3)  Section 627.635, relating to excess insurance.

22         (5)(4)  Section 627.638, relating to direct payment for

23  hospital or medical services.

24         (6)(5)  Section 627.640, relating to filing and

25  classification of rates.

26         (7)(6)  Section 627.613, relating to timely payment of

27  claims, or s. 627.6131, relating to payment of claims,

28  whichever is applicable.

29         (8)(7)  Section 627.645(1), relating to denial of

30  claims.

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1         (9)(8)  Section 627.6471, relating to preferred

  2  provider organizations.

  3         (10)(9)  Section 627.6472, relating to exclusive

  4  provider organizations.

  5         (11)(10)  Section 627.6473, relating to combined

  6  preferred provider and exclusive provider policies.

  7         (12)(11)  Section 627.6474, relating to provider

  8  contracts.

  9         Section 9.  Subsection (6) of section 627.667, Florida

10  Statutes, is amended to read:

11         627.667  Extension of benefits.--

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

13  certificates which are renewed, delivered, or issued for

14  delivery to residents of this state under group policies

15  effectuated or delivered outside this state, unless a

16  succeeding carrier under a group policy has agreed to assume

17  liability for the benefits.

18         Section 10.  Paragraph (e) of subsection (5) of section

19  627.6692, Florida Statutes, is amended to read:

20         627.6692  Florida Health Insurance Coverage

21  Continuation Act.--

22         (5)  CONTINUATION OF COVERAGE UNDER GROUP HEALTH

23  PLANS.--

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

25  beneficiary who wishes continuation of coverage must pay the

26  initial premium and elect such continuation in writing to the

27  insurance carrier issuing the employer's group health plan

28  within 63 30 days after receiving notice from the insurance

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

30  the grace period expiration date. The insurance carrier or the

31  insurance carrier's designee shall process all elections

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  promptly and provide coverage retroactively to the date

  2  coverage would otherwise have terminated. The premium due

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

  4  have otherwise terminated due to the qualifying event. The

  5  first premium payment must include the coverage paid to the

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

  7  election, the insurance carrier must bill the qualified

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

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

10  period for payment.

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

12  election by a qualified beneficiary shall be deemed to include

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

14  qualified beneficiary residing in the same household who would

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

16  qualifying event. This subparagraph does not preclude a

17  qualified beneficiary from electing continuation of coverage

18  on behalf of any other qualified beneficiary.

19         Section 11.  Paragraphs (h), (i), (n), and (u) of

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

21  of subsection (6), paragraph (a) of subsection (9), paragraph

22  (d) of subsection (10), and paragraphs (f), (g), (h), and (j)

23  of subsection (11) of section 627.6699, Florida Statutes, are

24  amended to read:

25         627.6699  Employee Health Care Access Act.--

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

27         (h)  "Eligible employee" means an employee who works

28  full time, having a normal workweek of 25 or more hours, who

29  is paid wages or a salary at least equal to the federal

30  minimum hourly wage applicable to such employee, and who has

31  met any applicable waiting-period requirements or other

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  requirements of this act. The term includes a self-employed

  2  individual, a sole proprietor, a partner of a partnership, or

  3  an independent contractor, if the sole proprietor, partner, or

  4  independent contractor is included as an employee under a

  5  health benefit plan of a small employer, but does not include

  6  a part-time, temporary, or substitute employee.

  7         (i)  "Established geographic area" means the county or

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

  9  the carrier provides or arranges for health care services to

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

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

12  develop carrier premiums which spreads financial risk across a

13  large population; allows the use of separate rating factors

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

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

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

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

18  and administrative and acquisition expenses as permitted under

19  subparagraph (6)(b)5.

20         (u)  "Self-employed individual" means an individual or

21  sole proprietor who derives his or her income from a trade or

22  business carried on by the individual or sole proprietor which

23  necessitates that the individual file with the Internal

24  Revenue Service for the most recent tax year federal income

25  tax forms with supporting schedules and accompanying income

26  reporting forms or federal income tax extensions of time to

27  file forms results in taxable income as indicated on IRS Form

28  1040, schedule C or F, and which generated taxable income in

29  one of the 2 previous years.

30         (5)  AVAILABILITY OF COVERAGE.--

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




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

  2  of transacting business in this state:

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

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

  5  every eligible small employer, with 2 to 50 eligible

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

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

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

  9  benefits may be medically underwritten and may only be added

10  to the standard health benefit plan. The increased rate

11  charged for the additional or increased benefit must be rated

12  in accordance with this section.

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

14  offer and issue basic and standard small employer health

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

16  small employer which is eligible for guaranteed renewal, has

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

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

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

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

21  additional or increased benefits may be medically underwritten

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

23  increased rate charged for the additional or increased benefit

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

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

26  dependent children shall constitute a single eligible employee

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

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

29  hours.

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

31  and standard small employer health benefit plans on a

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




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

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

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

  4  small employer is not formed primarily for the purpose of

  5  buying health insurance and which elects to be covered under

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

  7  satisfies the other provisions of the plan. Coverage provided

  8  under this sub-subparagraph subparagraph shall begin on

  9  October 1 of the same year as the date of enrollment, unless

10  the small employer carrier and the small employer agree to a

11  different date. A rider for additional or increased benefits

12  may be medically underwritten and may only be added to the

13  standard health benefit plan. The increased rate charged for

14  the additional or increased benefit must be rated in

15  accordance with this section. For purposes of this

16  sub-subparagraph subparagraph, a person, his or her spouse,

17  and his or her dependent children constitute a single eligible

18  employee if that person and spouse are employed by the same

19  small employer and either that person or his or her spouse has

20  a normal work week of less than 25 hours.

21         b.  Notwithstanding the restrictions set forth in

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

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

24  627.6571(3)(b) or s. 641.31074(3)(b), the eligible small

25  employer, as defined in sub-subparagraph a., shall be entitled

26  to enroll with another carrier offering small employer

27  coverage within 63 days after the notice of termination or the

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

29  Coverage provided under this sub-subparagraph shall begin

30  immediately upon enrollment unless the small employer carrier

31  and the small employer agree to a different date.

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




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

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

  3  standard and basic health benefit plans are offered and

  4  rejected.

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

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

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

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

  9  benefit plans subject to this section are subject to the

10  following:

11         1.  Small employer carriers must use a modified

12  community rating methodology in which the premium for each

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

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

15  family composition, tobacco use, or geographic area as

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

17  be adjusted as permitted by this paragraph.

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

19  composition, tobacco use, or geographic location may be

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

21  The factors used by carriers are subject to department review

22  and approval.

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

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

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

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

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

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

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

30  employers covered under the policy if:

31

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




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

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

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

  4         b.  The insurer demonstrates to the department that

  5  efficiencies in administration are achieved and reflected in

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

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

  8  to a small employer health alliance or other group association

  9  with rates that reflect a premium credit for expense savings

10  attributable to administrative activities being performed by

11  the alliance or group association if such expense savings are

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

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

14  on different morbidity assumptions or on any other factor

15  related to the health status or claims experience of any

16  person covered under the policy. Nothing in this subparagraph

17  exempts an alliance or group association from licensure for

18  any activities that require licensure under the insurance

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

20  small employer health alliance or other group association

21  shall allow any properly licensed and appointed agent of that

22  carrier to market and sell the small employer health alliance

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

24  the usual and customary commission paid to any agent selling

25  the policy.

26         5.  Any adjustments in rates for claims experience,

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

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

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

30  small employer which deviates more than 15 percent from the

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

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  uniformly to the rates charged for all employees and

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

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

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

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

  6  dependents of the small employer. Semiannually, small group

  7  carriers shall report information on forms adopted by rule by

  8  the department, to enable the department to monitor the

  9  relationship of aggregate adjusted premiums actually charged

10  policyholders by each carrier to the premiums that would have

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

12  community rates. If the aggregate resulting from the

13  application of such adjustment exceeds the premium that would

14  have been charged by application of the approved modified

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

16  the carrier shall limit the application of such adjustments

17  only to minus adjustments beginning not more than 60 days

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

19  reporting period, if the total aggregate adjusted premium

20  actually charged does not exceed the premium that would have

21  been charged by application of the approved modified community

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

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

24  a small employer's premium based on administrative and

25  acquisition expense differences resulting from the size of the

26  group. Group size administrative and acquisition expense

27  factors may be developed by each carrier to reflect the

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

29  approval.

30         6.  A small employer carrier rating methodology may

31  include separate rating categories for one dependent child,

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




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

  2  children for family coverage of employees having a spouse and

  3  dependent children or employees having dependent children

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

  5  greater, numbers of categories for dependent children than

  6  those specified in this subparagraph.

  7         7.  Small employer carriers may not use a composite

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

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

10  rating methodology" means a rating methodology that averages

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

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

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

14  employer groups with less than 2 eligible employees from the

15  experience of small employer groups with 2-50 eligible

16  employees for purposes of determining an alternative modified

17  community rating.

18         b.  If a carrier separates the experience of small

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

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

21  employees may not exceed 150 percent of the rate determined

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

23  the carrier may charge excess losses of the experience pool

24  consisting of small employer groups with less than 2 eligible

25  employees to the experience pool consisting of small employer

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

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

28  pool consisting of small employer groups with less than 2

29  eligible employees is maintained. Notwithstanding s.

30  627.411(1), the rate to be charged to a small employer group

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

                                  21

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  2002, may be up to 125 percent of the rate determined for

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

  3  annual renewal and 150 percent for subsequent annual renewals.

  4         (9)  SMALL EMPLOYER CARRIER'S ELECTION TO BECOME A

  5  RISK-ASSUMING CARRIER OR A REINSURING CARRIER.--

  6         (a)  A small employer carrier must elect to become

  7  either a risk-assuming carrier or a reinsuring carrier. Each

  8  small employer carrier must make an initial election, binding

  9  through January 1, 1994. The carrier's initial election must

10  be made no later than October 31, 1992. By October 31, 1993,

11  all small employer carriers must file a final election, which

12  is binding for 2 years, from January 1, 1994, through December

13  31, 1995, after which an election shall be binding for a

14  period of 5 years. Any carrier that is not a small employer

15  carrier on October 31, 1992, and intends to become a small

16  employer carrier after October 31, 1992, must file its

17  designation when it files the forms and rates it intends to

18  use for small employer group health insurance; such

19  designation shall be binding indefinitely or until modified or

20  withdrawn for 2 years after the date of approval of the forms

21  and rates, and any subsequent designation is binding for 5

22  years. The department may permit a carrier to modify its

23  election at any time for good cause shown, after a hearing.

24         (10)  ELECTION PROCESS TO BECOME A RISK-ASSUMING

25  CARRIER.--

26         (d)  The department shall provide public notice of a

27  small employer carrier's filing a designation of election

28  under subsection (9) to become a risk-assuming carrier and

29  shall provide at least a 21-day period for public comment upon

30  receipt of such filing prior to making a decision on the

31

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  election. The department shall hold a hearing on the election

  2  at the request of the carrier.

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

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

  5  granted under the laws of this state to insurance companies

  6  and health maintenance organizations licensed to transact

  7  business, except the power to issue health benefit plans

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

  9  program has specific authority to:

10         1.  Enter into contracts as necessary or proper to

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

12  the authority to enter into contracts with similar programs of

13  other states for the joint performance of common functions or

14  with persons or other organizations for the performance of

15  administrative functions.

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

17  necessary or proper for recovering any assessments and

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

19  carrier.

20         3.  Take any legal action necessary to avoid the

21  payment of improper claims against the program.

22         4.  Issue reinsurance policies, in accordance with the

23  requirements of this act.

24         5.  Establish rules, conditions, and procedures for

25  reinsurance risks under the program participation.

26         6.  Establish actuarial functions as appropriate for

27  the operation of the program.

28         7.  Assess participating carriers in accordance with

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

30  reasonable and necessary for organizational and interim

31  operating expenses. Interim assessments shall be credited as

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  offsets against any regular assessments due following the

  2  close of the calendar year.

  3         8.  Appoint appropriate legal, actuarial, and other

  4  committees as necessary to provide technical assistance in the

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

  6  authority of the program.

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

  8  Any notes or other evidences of indebtedness of the program

  9  which are not in default constitute legal investments for

10  carriers and may be carried as admitted assets.

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

12  deductible reinsurance requirement to adjust for the effects

13  of inflation. The program may evaluate the desirability of

14  establishing different levels of deductibles.  If different

15  levels of deductibles are established, such levels and the

16  resulting premiums shall be approved by the department.

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

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

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

20  following provisions:

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

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

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

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

25  of coverage provided under the standard and basic health care

26  plan. As an alternative to reinsuring the level of coverage

27  provided under the standard and basic health care plan, the

28  program may develop alternate levels of reinsurance designed

29  to coordinate with a reinsuring carrier's existing

30  reinsurance. The levels of reinsurance and resulting premiums

31  must be approved by the department.

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




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

  2  carrier may reinsure an eligible employee or dependent within

  3  60 days after the commencement of the coverage of the small

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

  5  small employer may be reinsured within 60 days after the

  6  commencement of his or her coverage.

  7         3.  A small employer carrier may reinsure an entire

  8  employer group within 60 days after the commencement of the

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

10  reinsure newly eligible employees and dependents of the

11  reinsured group pursuant to subparagraph 1.

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

13  small employer carrier to reinsure an entire employer group or

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

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

16  the department.

17         5.4.  The program may not reimburse a participating

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

19  dependent until the carrier has paid incurred claims of an

20  amount equal to the participating carrier's selected

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

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

23  carrier shall be responsible for 10 percent of the next

24  $50,000 and 5 percent of the next $100,000 of incurred claims

25  during a calendar year and the program shall reinsure the

26  remainder.

27         6.5.  The board annually shall adjust the initial level

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

29  to reflect increases in costs and utilization within the

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

31  adjustment shall not be less than the annual change in the

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




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

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

  3  of Labor, unless the board proposes and the department

  4  approves a lower adjustment factor.

  5         7.6.  A small employer carrier may terminate

  6  reinsurance for all reinsured employees or dependents on any

  7  plan anniversary.

  8         8.7.  The premium rate charged for reinsurance by the

  9  program to a health maintenance organization that is approved

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

11  qualified health maintenance organization pursuant to 42

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

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

14  to the program, which requirements are more restrictive than

15  subparagraph 5. 4., shall be reduced by an amount equal to

16  that portion of the risk, if any, which exceeds the amount set

17  forth in subparagraph 5. 4. which may not be ceded to the

18  program.

19         9.8.  The board may consider adjustments to the premium

20  rates charged for reinsurance by the program for carriers that

21  use effective cost containment measures, including high-cost

22  case management, as defined by the board.

23         10.9.  A reinsuring carrier shall apply its

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

25  not limited to, utilization review, individual case

26  management, preferred provider provisions, other managed care

27  provisions or methods of operation, consistently with both

28  reinsured business and nonreinsured business.

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

30  shall establish a methodology for determining premium rates to

31  be charged by the program for reinsuring small employers and

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  individuals pursuant to this section. The methodology shall

  2  include a system for classification of small employers that

  3  reflects the types of case characteristics commonly used by

  4  small employer carriers in the state. The methodology shall

  5  provide for the development of basic reinsurance premium

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

  7  in this paragraph to determine the premium rates for the

  8  program. The basic reinsurance premium rates shall be

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

10  department, and shall be set at levels which reasonably

11  approximate gross premiums charged to small employers by small

12  employer carriers for health benefit plans with benefits

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

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

15  as determined under this section, to reflect differences in

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

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

18  is 1.5 times the rate established by the board.

19         b.  An eligible employee or dependent may be reinsured

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

21         2.  The board periodically shall review the methodology

22  established, including the system of classification and any

23  rating factors, to assure that it reasonably reflects the

24  claims experience of the program. The board may propose

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

26  the department.

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

28  the board shall determine and report to the department the

29  program net loss for the previous year, including

30  administrative expenses for that year, and the incurred losses

31

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




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

  2  appropriate gains and losses.

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

  4  assessment of 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 which shall not

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

10  health benefit plans covering small employers. If such

11  assessments have been collected and additional moneys are

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

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

14  health benefit plan premiums. Except as provided in paragraph

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

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

17  reinsuring carrier for the first tier of assessments shall be

18  credited against any additional assessments made.

19         b.  The board shall equitably assess carriers for

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

21  shall annually assess each carrier a portion of the operating

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

23  determined by multiplying the operating losses by a fraction,

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

25  premium pertaining to direct writings of small employer health

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

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

28  the total of all such premiums earned by reinsuring carriers

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

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

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

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




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

  2  assessments against carriers to ensure the financial ability

  3  of the plan to cover claims expenses and administrative

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

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

  6  anticipated receipt of annual assessments for that calendar

  7  year. Any interim assessment is due and payable within 30 days

  8  after receipt by a carrier of the interim assessment notice.

  9  Interim assessment payments shall be credited against the

10  carrier's annual assessment. Health benefit plan premiums and

11  benefits paid by a carrier that are less than an amount

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

13  not be considered for purposes of determining assessments.

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

15  board shall make an adjustment to the assessment formula for

16  reinsuring carriers that are approved as federally qualified

17  health maintenance organizations by the Secretary of Health

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

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

20  are not imposed on other small employer carriers.

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

22  shall determine and file with the department an estimate of

23  the assessments needed to fund the losses incurred by the

24  program in the previous calendar year.

25         4.  If the board determines that the assessments needed

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

27  calendar year will exceed the amount specified in subparagraph

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

29  report its findings, including any recommendations for changes

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

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

                                  29

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  were incurred. The evaluation shall include an estimate of

  2  future assessments, the administrative costs of the program,

  3  the appropriateness of the premiums charged and the level of

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

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

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

  7  applicable calendar year, the department may evaluate the

  8  operations of the program and implement such amendments to the

  9  plan of operation the department deems necessary to reduce

10  future losses and assessments.

11         5.  If assessments exceed the amount of the actual

12  losses and administrative expenses of the program, the excess

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

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

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

16  incurred but not reported claims.

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

18  be determined annually by the board, based on annual

19  statements and other reports considered necessary by the board

20  and filed by the carriers with the board.

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

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

23  an assessment.

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

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

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

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

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

29  financially impaired condition. If an assessment against a

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

31  the assessment is deferred may be assessed against the other

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  carriers in a manner consistent with the basis for assessment

  2  set forth in this section. The carrier receiving such

  3  deferment remains liable to the program for the amount

  4  deferred and is prohibited from reinsuring any individuals or

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

  6         Section 12.  Section 627.911, Florida Statutes, is

  7  amended to read:

  8         627.911  Scope of this part.--Any insurer or health

  9  maintenance organization transacting insurance in this state

10  shall report information as required by this part.

11         Section 13.  Section 627.9175, Florida Statutes, is

12  amended to read:

13         627.9175  Reports of information on health insurance.--

14         (1)  Each authorized health insurer or health

15  maintenance organization shall submit annually to the

16  department information concerning as to policies of individual

17  health insurance coverage being issued or currently in force

18  in this state. The information shall include information

19  related to premium, number of policies, and covered lives for

20  such policies and other information necessary to analyze

21  trends in enrollment, premiums, and claim costs.

22         (2)  The required information shall be broken down by

23  market segment, to include:

24         (a)  Health insurance issuer, company, or contact

25  person or agent.

26         (b)  All health insurance products issued or in force,

27  including, but not limited to:

28         1.  Direct premiums earned.

29         2.  Direct losses incurred.

30         3.  Direct premiums earned for new business issued

31  during the year.

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1         4.  Number of policies.

  2         5.  Number of certificates.

  3         6.  Number of total covered lives.

  4         (a)  A summary of typical benefits, exclusions, and

  5  limitations for each type of individual policy form currently

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

  7  appropriate:

  8         1.  The deductible amount;

  9         2.  The coinsurance percentage;

10         3.  The out-of-pocket maximum;

11         4.  Outpatient benefits;

12         5.  Inpatient benefits; and

13         6.  Any exclusions for preexisting conditions.

14

15  The department shall determine other appropriate benefits,

16  exclusions, and limitations to be reported for inclusion in

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

18         (b)  A schedule of rates for each type of individual

19  policy form reflecting typical variations by age, sex, region

20  of the state, or any other applicable factor which is in use

21  and is determined to be appropriate for inclusion by the

22  department.

23

24  The department shall provide by rule a uniform format for the

25  submission of this information in order to allow for

26  meaningful comparisons of premiums charged for comparable

27  benefits.

28         (3)  The department shall publish annually a consumer's

29  guide which summarizes and compares the information required

30  to be reported under this subsection.

31

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1         (2)(a)  Every insurer transacting health insurance in

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

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

  4  has implemented or proposes to implement during the next

  5  calendar year for the purpose of containing health insurance

  6  costs or cost increases. The reports shall identify each

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

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

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

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

11  by insurers in reporting information pursuant to this

12  subsection and shall utilize such forms to analyze the effects

13  of health care cost containment programs used by health

14  insurers in this state.

15         (4)(c)  The department shall analyze the data reported

16  under this subsection (2) and shall annually make available to

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

18  containment measures reported and the estimated effect of

19  these measures.

20         Section 14.  Section 627.9403, Florida Statutes, is

21  amended to read:

22         627.9403  Scope.--The provisions of this part shall

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

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

25  issued for delivery outside this state to the extent provided

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

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

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

29  641.402, or a multiple-employer welfare arrangement as defined

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

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

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  supplement policy shall meet the requirements of this part and

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

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

  4  favorable to the policyholder or certificateholder. The

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

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

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

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

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

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

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

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

13  (9), (10)(f), and (12) and 627.94073(2). If the limited

14  benefit policy does not provide coverage for care in a nursing

15  home, but does provide coverage for one or more lower levels

16  of care, the policy shall also be exempt from the requirements

17  of s. 627.9407(3)(d).

18         Section 15.  Subsection (5) of section 636.016, Florida

19  Statutes, is amended to read:

20         636.016  Prepaid limited health service contracts.--For

21  any entity licensed prior to October 1, 1993, all subscriber

22  contracts in force at such time shall be in compliance with

23  this section upon renewal of such contract.

24         (5)(a)1.  If a prepaid limited health service

25  organization offers coverage for dependent children of the

26  contract holder, the policy must insure a dependent child of

27  the contract holder at least until the end of the calendar

28  year in which the child reaches the age of 25, if:

29         a.  The child is dependent upon the contract holder for

30  support.

31

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1         b.  The child is living in the household of the

  2  contract holder or the child is a full-time or part-time

  3  student.

  4         2.  Nothing in this section affects or preempts a

  5  prepaid limited health service organization's right to

  6  medically underwrite or charge the appropriate premium.

  7         (b)1.  A contract that provides coverage for a family

  8  member of the contract holder shall, as to such family

  9  member's coverage, provide that benefits applicable to

10  children of the contract holder also apply to an adopted child

11  or a foster child of the contract holder placed in compliance

12  with chapter 63 from the moment of placement in the residence

13  of the contract holder. Except in the case of a foster child,

14  the policy may not exclude coverage for any preexisting

15  condition of the child. In the case of a newborn child,

16  coverage begins at the moment of birth if a written agreement

17  to adopt such child has been entered into by the contract

18  holder prior to the birth of the child, whether or not the

19  agreement is enforceable. This section does not require

20  coverage for an adopted child who is not ultimately placed in

21  the residence of the contract holder in compliance with

22  chapter 63.

23         2.  A contract may require the contract holder to

24  notify the insurer of the birth or placement of an adopted

25  child within a specified time period of not less than 30 days

26  after the birth or placement in the residence of a child

27  adopted by the contract holder. If timely notice is given, the

28  insurer may not charge an additional premium for coverage of

29  the child for the duration of the notice period. If timely

30  notice is not given, the insurer may charge an additional

31  premium from the date of birth or placement. If notice is

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  given within 60 days after the birth or placement of the

  2  child, the insurer may not deny coverage for the child due to

  3  the failure of the contract holder to timely notify the

  4  insurer of the birth or placement of the child.

  5         3.  If the policy does not require the contract holder

  6  to notify the insurer of the birth or placement of an adopted

  7  child within a specified time period, the insurer may not deny

  8  coverage for such child or retroactively charge the contract

  9  holder an additional premium for such child. However, the

10  insurer may prospectively charge the contract holder an

11  additional premium for the child if the insurer provides at

12  least 45 days' notice of the additional premium required.

13         4.  In order to increase access to postnatal, infant,

14  and pediatric health care for all children placed in

15  court-ordered custody, including foster children, all health

16  insurance policies that provide coverage for a family member

17  of the contract holder shall, as to such family member's

18  coverage, provide that benefits applicable for children shall

19  be payable with respect to a foster child or other child in

20  court-ordered temporary or other custody of the contract

21  holder.

22         (c)  A contract that provides that coverage of a

23  dependent child shall terminate upon attainment of the

24  limiting age for dependent children specified in the contract

25  shall also provide in substance that attainment of the

26  limiting age does not terminate the coverage of the child

27  while the child continues to be:

28         1.  Incapable of self-sustaining employment by reason

29  of mental retardation or physical handicap.

30         2.  Chiefly dependent upon the contract holder or

31  subscriber for support and maintenance.

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1

  2  If a claim is denied under a contract for the stated reason

  3  that the child has attained the limiting age for dependent

  4  children specified in the contract, the notice of denial must

  5  state that the contract holder has the burden of establishing

  6  that the child continues to meet the criteria specified in

  7  subparagraphs 1. and 2. All prepaid limited health service

  8  coverage, benefits, or services for a member of the family of

  9  the subscriber must, as to such family member's coverage,

10  benefits, or services, provide also that the coverage,

11  benefits, or services applicable for children will be provided

12  with respect to a preenrolled newborn child of the subscriber,

13  or covered family member of the subscriber, from the moment of

14  birth, or adoption pursuant to chapter 63.

15         Section 16.  Subsections (9) through (17) of section

16  641.31, Florida Statutes, are amended to read:

17         641.31  Health maintenance contracts.--

18         (9)(a)1.  If a health maintenance organization offers

19  coverage for dependent children of the subscriber, the policy

20  must cover a dependent child of the subscriber at least until

21  the end of the calendar year in which the child reaches the

22  age of 25, if:

23         a.  The child is dependent upon the subscriber for

24  support.

25         b.  The child is living in the household of the

26  subscriber, or the child is a full-time or part-time student.

27         2.  Nothing in this paragraph affects or preempts a

28  health maintenance organization's right to medically

29  underwrite or charge the appropriate premium.

30         (b)1.  A contract that provides coverage for a family

31  member of the subscriber shall, as to such family member's

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  coverage, provide that benefits applicable to children of the

  2  subscriber also apply to an adopted child or a foster child of

  3  the subscriber placed in compliance with chapter 63 from the

  4  moment of placement in the residence of the subscriber. Except

  5  in the case of a foster child, the policy may not exclude

  6  coverage for any preexisting condition of the child. In the

  7  case of a newborn child, coverage begins at the moment of

  8  birth if a written agreement to adopt such child has been

  9  entered into by the subscriber prior to the birth of the

10  child, whether or not the agreement is enforceable. This

11  section does not require coverage for an adopted child who is

12  not ultimately placed in the residence of the subscriber in

13  compliance with chapter 63.

14         2.  A contract may require the subscriber to notify the

15  health maintenance organization of the birth or placement of

16  an adopted child within a specified time period of not less

17  than 30 days after the birth or placement in the residence of

18  a child adopted by the subscriber. If timely notice is given,

19  the health maintenance organization may not charge an

20  additional premium for coverage of the child for the duration

21  of the notice period. If timely notice is not given, the

22  health maintenance organization may charge an additional

23  premium from the date of birth or placement. If notice is

24  given within 60 days after the birth or placement of the

25  child, the health maintenance organization may not deny

26  coverage for the child due to the failure of the subscriber to

27  timely notify the health maintenance organization of the birth

28  or placement of the child.

29         3.  If the policy does not require the subscriber to

30  notify the health maintenance organization of the birth or

31  placement of an adopted child within a specified time period,

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  the health maintenance organization may not deny coverage for

  2  such child or retroactively charge the subscriber an

  3  additional premium for such child. However, the health

  4  maintenance organization may prospectively charge the

  5  subscriber an additional premium for the child if the health

  6  maintenance organization provides at least 45 days' notice of

  7  the additional premium required.

  8         4.  In order to increase access to postnatal, infant,

  9  and pediatric health care for all children placed in

10  court-ordered custody, including foster children, all health

11  insurance policies that provide coverage for a family member

12  of the subscriber shall, as to such family member's coverage,

13  provide that benefits applicable for children shall be payable

14  with respect to a foster child or other child in court-ordered

15  temporary or other custody of the subscriber.

16         (10)  A contract that provides that coverage of a

17  dependent child shall terminate upon attainment of the

18  limiting age for dependent children specified in the contract

19  shall also provide in substance that attainment of the

20  limiting age does not terminate the coverage of the child

21  while the child continues to be:

22         (a)  Incapable of self-sustaining employment by reason

23  of mental retardation or physical handicap.

24         (b)  Chiefly dependent upon the subscriber for support

25  and maintenance.

26

27  If a claim is denied under a contract for the stated reason

28  that the child has attained the limiting age for dependent

29  children specified in the contract, the notice of denial must

30  state that the subscriber has the burden of establishing that

31  the child continues to meet the criteria specified in

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  paragraphs (a) and (b). All health maintenance contracts that

  2  provide coverage, benefits, or services for a member of the

  3  family of the subscriber must, as to such family member's

  4  coverage, benefits, or services, provide also that the

  5  coverage, benefits, or services applicable for children must

  6  be provided with respect to a newborn child of the subscriber,

  7  or covered family member of the subscriber, from the moment of

  8  birth. However, with respect to a newborn child of a covered

  9  family member other than the spouse of the insured or

10  subscriber, the coverage for the newborn child terminates 18

11  months after the birth of the newborn child. The coverage,

12  benefits, or services for newborn children must consist of

13  coverage for injury or sickness, including the necessary care

14  or treatment of medically diagnosed congenital defects, birth

15  abnormalities, or prematurity, and transportation costs of the

16  newborn to and from the nearest appropriate facility

17  appropriately staffed and equipped to treat the newborn's

18  condition, when such transportation is certified by the

19  attending physician as medically necessary to protect the

20  health and safety of the newborn child.

21         (a)  A contract may require the subscriber to notify

22  the plan of the birth of a child within a time period, as

23  specified in the contract, of not less than 30 days after the

24  birth, or a contract may require the preenrollment of a

25  newborn prior to birth. However, if timely notice is given, a

26  plan may not charge an additional premium for additional

27  coverage of the newborn child for not less than 30 days after

28  the birth of the child. If timely notice is not given, the

29  plan may charge an additional premium from the date of birth.

30  If notice is given within 60 days of the birth of the child,

31  the contract may not deny coverage of the child due to failure

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  of the subscriber to timely notify the plan of the birth of

  2  the child or to preenroll the child.

  3         (b)  If the contract does not require the subscriber to

  4  notify the plan of the birth of a child within a specified

  5  time period, the plan may not deny coverage of the child nor

  6  may it retroactively charge the subscriber an additional

  7  premium for the child; however, the contract may prospectively

  8  charge the member an additional premium for the child if the

  9  plan provides at least 45 days' notice of the additional

10  charge.

11         (11)(10)  No alteration of any written application for

12  any health maintenance contract shall be made by any person

13  other than the applicant without his or her written consent,

14  except that insertions may be made by the health maintenance

15  organization, for administrative purposes only, in such manner

16  as to indicate clearly that such insertions are not to be

17  ascribed to the applicant.

18         (12)(11)  No contract shall contain any waiver of

19  rights or benefits provided to or available to subscribers

20  under the provisions of any law or rule applicable to health

21  maintenance organizations.

22         (13)(12)  Each health maintenance contract,

23  certificate, or member handbook shall state that emergency

24  services and care shall be provided to subscribers in

25  emergency situations not permitting treatment through the

26  health maintenance organization's providers, without prior

27  notification to and approval of the organization. Not less

28  than 75 percent of the reasonable charges for covered services

29  and supplies shall be paid by the organization, up to the

30  subscriber contract benefit limits. Payment also may be

31  subject to additional applicable copayment provisions, not to

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  exceed $100 per claim. The health maintenance contract,

  2  certificate, or member handbook shall contain the definitions

  3  of "emergency services and care" and "emergency medical

  4  condition" as specified in s. 641.19(7) and (8), shall

  5  describe procedures for determination by the health

  6  maintenance organization of whether the services qualify for

  7  reimbursement as emergency services and care, and shall

  8  contain specific examples of what does constitute an

  9  emergency. In providing for emergency services and care as a

10  covered service, a health maintenance organization shall be

11  governed by s. 641.513.

12         (14)(13)  In addition to the requirements of this

13  section, with respect to a person who is entitled to have

14  payments for health care costs made under Medicare, Title

15  XVIII of the Social Security Act ("Medicare"), parts A and/or

16  B:

17         (a)  The health maintenance organization shall mail or

18  deliver notification to the Medicare beneficiary of the date

19  of enrollment in the health maintenance organization within 10

20  days after receiving notification of enrollment approval from

21  the United States Department of Health and Human Services,

22  Health Care Financing Administration. When a Medicare

23  beneficiary who is a subscriber of the health maintenance

24  organization requests disenrollment from the organization, the

25  organization shall mail or deliver to the beneficiary notice

26  of the effective date of the disenrollment within 10 days

27  after receipt of the written disenrollment request. The health

28  maintenance organization shall forward the disenrollment

29  request to the United States Department of Health and Human

30  Services, Health Care Financing Administration, in a timely

31

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  manner so as to effectuate the next available disenrollment

  2  date, as prescribed by such federal agency.

  3         (b)  The health maintenance contract, certificate, or

  4  member handbook shall be delivered to the subscriber no later

  5  than the earlier of 10 working days after the health

  6  maintenance organization and the Health Care Financing

  7  Administration of the United States Department of Health and

  8  Human Services approve the subscriber's enrollment application

  9  or the effective date of coverage of the subscriber under the

10  health maintenance contract. However, if notice from the

11  Health Care Financing Administration of its approval of the

12  subscriber's enrollment application is received by the health

13  maintenance organization after the effective coverage date

14  prescribed by the Health Care Financing Administration, the

15  health maintenance organization shall deliver the contract,

16  certificate, or member handbook to the subscriber within 10

17  days after receiving such notice. When a Medicare recipient is

18  enrolled in a health maintenance organization program, the

19  contract, certificate, or member handbook shall be accompanied

20  by a health maintenance organization identification sticker

21  with instruction to the Medicare beneficiary to place the

22  sticker on the Medicare identification card.

23         (15)(14)  Whenever a subscriber of a health maintenance

24  organization is also a Medicaid recipient, the health

25  maintenance organization's coverage shall be primary to the

26  recipient's Medicaid benefits and the organization shall be a

27  third party subject to the provisions of s. 409.910(4).

28         (16)(15)(a)  All health maintenance contracts,

29  certificates, and member handbooks shall contain the following

30  provision:

31

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1         "Grace Period: This contract has a (insert a number not

  2  less than 10) day grace period. This provision means that if

  3  any required premium is not paid on or before the date it is

  4  due, it may be paid during the following grace period. During

  5  the grace period, the contract will stay in force."

  6

  7         (b)  The required provision of paragraph (a) shall not

  8  apply to certificates or member handbooks delivered to

  9  individual subscribers under a group health maintenance

10  contract when the employer or other person who will hold the

11  contract on behalf of the subscriber group pays the entire

12  premium for the individual subscribers. However, such required

13  provision shall apply to the group health maintenance

14  contract.

15         (17)(16)  The contracts must clearly disclose the

16  intent of the health maintenance organization as to the

17  applicability or nonapplicability of coverage to preexisting

18  conditions. If coverage of the contract is not to be

19  applicable to preexisting conditions, the contract shall

20  specify, in substance, that coverage pertains solely to

21  accidental bodily injuries resulting from accidents occurring

22  after the effective date of coverage and that sicknesses are

23  limited to those which first manifest themselves subsequent to

24  the effective date of coverage.

25         (17)  All health maintenance contracts that provide

26  coverage for a member of the family of the subscriber, shall,

27  as to such family member's coverage, provide that coverage,

28  benefits, or services applicable for children shall be

29  provided with respect to an adopted child of the subscriber,

30  which child is placed in compliance with chapter 63, from the

31  moment of placement in the residence of the subscriber. Such

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  contracts may not exclude coverage for any preexisting

  2  condition of the child. In the case of a newborn child,

  3  coverage shall begin from the moment of birth if a written

  4  agreement to adopt such child has been entered into by the

  5  subscriber prior to the birth of the child, whether or not

  6  such agreement is enforceable. However, coverage for such

  7  child shall not be required in the event that the child is not

  8  ultimately placed in the residence of the subscriber in

  9  compliance with chapter 63.

10         Section 17.  Section 641.3101, Florida Statutes, is

11  amended to read:

12         641.3101  Additional contract contents.--

13         (1)  A health maintenance contract may contain

14  additional provisions not inconsistent with this part which

15  are:

16         (a)(1)  Necessary, on account of the manner in which

17  the organization is constituted or operated, in order to state

18  the rights and obligations of the parties to the contract; or

19         (b)(2)  Desired by the organization and neither

20  prohibited by law nor in conflict with any provisions required

21  to be included therein.

22         (2)  A health maintenance contract that uses a specific

23  methodology for payment of claims shall comply with s.

24  627.6044.

25         Section 18.  Section 641.31075, Florida Statutes, is

26  created to read:

27         641.31075  Replacement.--

28         (1)  Any health maintenance organization that is

29  replacing any other group health coverage with its group

30  health maintenance coverage shall comply with s. 627.666.

31

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    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1         (2)  Any health maintenance organization that is

  2  replacing any other individual health coverage with its

  3  individual health maintenance coverage shall comply with s.

  4  627.6045.

  5         Section 19.  Subsection (1) of section 641.3111,

  6  Florida Statutes, is amended to read:

  7         641.3111  Extension of benefits.--

  8         (1)  Every group health maintenance contract shall

  9  provide that termination of the contract shall be without

10  prejudice to any continuous loss which commenced while the

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

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

13  the continuous total disability of the subscriber and may be

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

15  illness incurred while the subscriber was a member. The

16  extension is required regardless of whether the group contract

17  holder or other entity secures replacement coverage from a new

18  insurer or health maintenance organization or foregoes the

19  provision of coverage. The required provision must provide for

20  continuation of contract benefits in connection with the

21  treatment of a specific accident or illness incurred while the

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

23  limited to the occurrence of the earliest of the following

24  events:

25         (a)  The expiration of 12 months.

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

27  disabled.

28         (c)  A succeeding carrier elects to provide replacement

29  coverage without limitation as to the disability condition.

30         (d)  The maximum benefits payable under the contract

31  have been paid.

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    32-819-03                                           See HB 723




  1         Section 20.  Subsection (15) is added to section

  2  641.3903, Florida Statutes, to read:

  3         641.3903  Unfair methods of competition and unfair or

  4  deceptive acts or practices defined.--The following are

  5  defined as unfair methods of competition and unfair or

  6  deceptive acts or practices:

  7         (15)  MANDATORY ARBITRATION.--For a managed care

  8  provider or prepaid limited health service organization,

  9  issuing a contract or service agreement which requires the

10  submission of disputes between the parties to the contract or

11  service agreement to arbitration.

12         Section 21.  Subsection (9) is added to section

13  641.441, Florida Statutes, to read:

14         641.441  Unfair methods of competition and unfair or

15  deceptive acts or practices defined.--The following are

16  defined as unfair methods of competition and unfair or

17  deceptive acts or practices:

18         (9)_MANDATORY ARBITRATION.--For a prepaid health

19  clinic, issuing a policy or a contract which requires the

20  submission of disputes between the parties to the policy or

21  contract to arbitration.

22         Section 22.  Subsection (4) of section 627.651, Florida

23  Statutes, is amended to read:

24         627.651  Group contracts and plans of self-insurance

25  must meet group requirements.--

26         (4)  This section does not apply to any plan which is

27  established or maintained by an individual employer in

28  accordance with the Employee Retirement Income Security Act of

29  1974, Pub. L. No. 93-406, or to a multiple-employer welfare

30  arrangement as defined in s. 624.437(1), except that a

31  multiple-employer welfare arrangement shall comply with ss.

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    32-819-03                                           See HB 723




  1  627.419, 627.657, 627.6575, 627.6578, 627.6579, 627.6612,

  2  627.66121, 627.66122, 627.6615, 627.6616, and 627.662(8)(7).

  3  This subsection does not allow an authorized insurer to issue

  4  a group health insurance policy or certificate which does not

  5  comply with this part.

  6         Section 23.  Subsection (1) of section 641.2018,

  7  Florida Statutes, is amended to read:

  8         641.2018  Limited coverage for home health care

  9  authorized.--

10         (1)  Notwithstanding other provisions of this chapter,

11  a health maintenance organization may issue a contract that

12  limits coverage to home health care services only. The

13  organization and the contract shall be subject to all of the

14  requirements of this part that do not require or otherwise

15  apply to specific benefits other than home care services. To

16  this extent, all of the requirements of this part apply to any

17  organization or contract that limits coverage to home care

18  services, except the requirements for providing comprehensive

19  health care services as provided in ss. 641.19(4), (12), and

20  (13), and 641.31(1), except ss. 641.31(9), (13)(12), (17),

21  (18), (19), (20), (21), and (24) and 641.31095.

22         Section 24.  Section 641.3107, Florida Statutes, is

23  amended to read:

24         641.3107  Delivery of contract.--Unless delivered upon

25  execution or issuance, a health maintenance contract,

26  certificate of coverage, or member handbook shall be mailed or

27  delivered to the subscriber or, in the case of a group health

28  maintenance contract, to the employer or other person who will

29  hold the contract on behalf of the subscriber group within 10

30  working days from approval of the enrollment form by the

31  health maintenance organization or by the effective date of

                                  48

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1796
    32-819-03                                           See HB 723




  1  coverage, whichever occurs first. However, if the employer or

  2  other person who will hold the contract on behalf of the

  3  subscriber group requires retroactive enrollment of a

  4  subscriber, the organization shall deliver the contract,

  5  certificate, or member handbook to the subscriber within 10

  6  days after receiving notice from the employer of the

  7  retroactive enrollment. This section does not apply to the

  8  delivery of those contracts specified in s. 641.31(14)(13).

  9         Section 25.  Subsection (4) of section 641.513, Florida

10  Statutes, is amended to read:

11         641.513  Requirements for providing emergency services

12  and care.--

13         (4)  A subscriber may be charged a reasonable

14  copayment, as provided in s. 641.31(13)(12), for the use of an

15  emergency room.

16

17  Such reimbursement shall be net of any applicable copayment

18  authorized pursuant to this subsection.

19         Section 26.  This act shall take effect upon becoming a

20  law.

21

22

23

24

25

26

27

28

29

30

31

                                  49

CODING: Words stricken are deletions; words underlined are additions.