Senate Bill sb1796c1

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    Florida Senate - 2003                           CS for SB 1796

    By the Committee on Banking and Insurance; and Senator
    Campbell




    311-2523-03

  1                      A bill to be entitled

  2         An act relating to health insurance; amending

  3         s. 395.301, F.S.; requiring certain licensed

  4         facilities to make certain information public

  5         electronically; requiring notice; providing

  6         requirements; requiring health care providers

  7         and facilities to provide prospective patients

  8         with reasonable estimates of prospective

  9         charges; requiring certain licensed facilities

10         to make available to payors certain records;

11         providing that the facility may not charge for

12         making records available but may charge a

13         specified amount for providing copies; amending

14         s. 408.909, F.S.; revising the definition of

15         the term "health flex plans"; authorizing plans

16         to limit the term of coverage; extending the

17         expiration date for the program; amending s.

18         624.406, F.S.; providing for reinsurance under

19         a workers' compensation insurance policy;

20         amending s. 624.603, F.S.; providing an

21         exception in which health insurance includes

22         workers' compensation coverages; amending s.

23         627.410, F.S.; exempting individuals and

24         certain groups from laws restricting or

25         limiting coinsurance, copayments, or annual or

26         lifetime maximum payments; creating s.

27         627.6042, F.S.; requiring policies of insurers

28         offering coverage of dependent children to

29         maintain such coverage until the child reaches

30         age 25, under certain circumstances; providing

31         application; creating s. 627.60425, F.S.;

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    Florida Senate - 2003                           CS for SB 1796
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 1         providing for limitations to the requirement

 2         for binding arbitration; amending s. 627.6044,

 3         F.S.; providing for the payment of claims to

 4         non-network providers under specified

 5         conditions; requiring that the method used for

 6         determining payment of claims be included in

 7         filings; providing for disclosure; amending s.

 8         627.6415, F.S.; deleting an age limitation on

 9         application of certain dependent coverage

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

11         revising risk-assuming carrier election

12         requirements and procedures; revising certain

13         criteria and limitations under the individual

14         health reinsurance program; amending s.

15         627.651, F.S., relating to group contracts and

16         plans; conforming a cross-reference to changes

17         made by the act; amending s. 627.6487, F.S.;

18         revising a definition of eligible individual

19         for purposes of availability of individual

20         health insurance coverage; authorizing insurers

21         to impose certain surcharges or premium charges

22         for creditable coverage earned in certain

23         states; amending s. 627.6561, F.S.; requiring

24         additional information in a certification

25         relating to certain creditable coverage for

26         purposes of eligibility for exclusion from

27         preexisting condition requirements; amending s.

28         627.662, F.S.; revising a list of provisions

29         applicable to group, blanket, or franchise

30         health insurance to include use of specific

31         methodology for payment of claims provisions;

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    Florida Senate - 2003                           CS for SB 1796
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 1         amending s. 627.667, F.S.; deleting a

 2         limitation on application of certain extension

 3         of benefits provisions; amending s. 627.6692,

 4         F.S.; increasing a time period for payment of

 5         premium to continue coverage under a group

 6         health plan; amending s. 627.6699, F.S.;

 7         revising certain definitions; revising certain

 8         coverage enrollment eligibility criteria for

 9         small employers; revising small employer

10         carrier election requirements and procedures;

11         revising certain criteria and limitations under

12         the small employer health reinsurance program;

13         requiring small employers to provide certain

14         health benefit plan information to employees;

15         providing a limitation; revising certain rate

16         adjustment criteria; authorizing separation of

17         experience of certain small employer groups for

18         certain purposes; amending ss. 627.911 and

19         627.9175, F.S.; applying certain information

20         reporting requirements to health maintenance

21         organizations; revising health insurance

22         information requirements and criteria;

23         authorizing the Financial Services Commission

24         to adopt rules; deleting an annual report

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

26         exempting limited benefit policies relating to

27         nursing home care from certain requirements for

28         long-term care insurance; amending s. 641.31,

29         F.S.; specifying nonapplication of certain

30         health maintenance contract filing requirements

31         to certain group health insurance policies,

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    Florida Senate - 2003                           CS for SB 1796
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 1         with exceptions; requiring prepaid limited

 2         health service organizations and health

 3         maintenance organizations offering coverage of

 4         dependent children to maintain such coverage

 5         until the child reaches age 25, under certain

 6         circumstances; providing application; providing

 7         requirements for contract termination and

 8         denial of a claim related to limiting age

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

10         providing a compliance requirement for health

11         maintenance contracts using a specific payment

12         of claims methodology; creating s. 641.31025,

13         F.S.; requiring that specific reasons for

14         denial of coverage be provided; creating s.

15         641.31075, F.S.; imposing compliance

16         requirements upon health maintenance

17         organization replacements of other group health

18         coverage with organization coverage; amending

19         s. 641.3111, F.S.; deleting limitations on

20         certain extension of benefits provisions upon

21         group health maintenance contract termination;

22         imposing additional extension of benefits

23         requirements upon such termination; amending s.

24         641.2018 and 641.3107, F.S., relating to home

25         health care coverage and contracts; conforming

26         cross-references to changes made by the act;

27         amending s. 641.513, F.S.; conforming a

28         cross-reference to changes made by the act;

29         creating s. 627.6410, F.S.; requiring insurers

30         issuing individual health insurance policies to

31         offer coverage for speech, language, swallowing

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 1         and hearing disorders; providing certain

 2         exceptions and authorizing certain conditions;

 3         creating s. 27.66912, F.S.; requiring group

 4         health insurers to offer such coverage;

 5         amending s. 641.31, F.S.; requiring health

 6         maintenance organizations to offer such

 7         coverage; providing an effective date.

 8  

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

10  

11         Section 1.  Subsection (7) is added to section 395.301,

12  Florida Statutes, to read:

13         395.301  Itemized patient bill; form and content

14  prescribed by the agency.--

15         (7)(a)  Each licensed facility not operated by the

16  state shall make available to the public on its Internet

17  website or by other electronic means a list of charges and

18  codes and a description of services of the top 100

19  diagnosis-related groups discharged from the hospital for that

20  year using the CMS grouper applicable to that year and the top

21  100 outpatient occasions of diagnostic and therapeutic

22  procedures performed using the Healthcare Common Procedure

23  Coding System. For purposes of this paragraph, "CMS grouper"

24  means a system of classification used by the Centers for

25  Medicare and Medicaid Services to assign an inpatient

26  discharge into a diagnosis-related group based on diagnosis

27  codes, procedure codes, and demographic information. The

28  facility shall place a notice in the reception areas that such

29  information is available electronically. The facility's list

30  of charges and codes and the description of services shall be

31  consistent with federal electronic transmission uniform

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    Florida Senate - 2003                           CS for SB 1796
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 1  standards under the Health Insurance Portability and

 2  Accountability Act (HIPAA).  Changes to the data shall be

 3  posted and updated electronically at least 30 days prior to

 4  implementation.

 5         (b)  A health care facility shall, upon request,

 6  furnish a patient, prior to provision of medical services, a

 7  reasonable estimate of charges for such services. Such

 8  estimate shall not preclude the health care provider or health

 9  care facility from exceeding the estimate or making additional

10  charges based on changes in the patient's condition or

11  treatment needs.

12         (c)  A licensed facility not operated by the state must

13  make available to a patient, or a payor acting on behalf of

14  the patient, the records that are necessary to verify the

15  accuracy of the patient's bill or payor's claim related to

16  such patient's bill within a reasonable time after a request.

17  The verification information must be made available in the

18  facility's offices. Such records shall be available to the

19  patient or payor prior to and after payment of the bill or

20  claim. The facility may not charge the patient or payor for

21  making such verification records available, except that the

22  facility may charge its usual charge for providing copies of

23  records as specified in s. 395.3025.

24         Section 2.  Subsections (2), (3), and (10) of section

25  408.909, Florida Statutes, are amended to read:

26         408.909  Health flex plans.--

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

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

29  Administration.

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

31  

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    Florida Senate - 2003                           CS for SB 1796
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 1         (c)  "Enrollee" means an individual who has been

 2  determined to be eligible for and is receiving health care

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

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

 5  coverage" means health care services that are covered as

 6  benefits under an approved health flex plan or that are

 7  otherwise provided, either directly or through arrangements

 8  with other persons, via a health flex plan on a prepaid per

 9  capita basis or on a prepaid aggregate fixed-sum basis.

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

11  under subsection (3) which guarantees payment for specified

12  health care coverage provided to the enrollee who purchases

13  coverage directly from the plan or through a small business

14  purchasing arrangement sponsored by a local government.

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

16  health maintenance organization,

17  health-care-provider-sponsored organization, local government,

18  health care district, or other public or private

19  community-based organization that develops and implements an

20  approved health flex plan and is responsible for administering

21  the health flex plan and paying all claims for health flex

22  plan coverage by enrollees of the health flex plan.

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

24  shall each approve or disapprove health flex plans that

25  provide health care coverage for eligible participants who

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

27  number of uninsured persons, as identified in the Florida

28  Health Insurance Study conducted by the agency and in Indian

29  River County. A health flex plan may limit or exclude benefits

30  otherwise required by law for insurers offering coverage in

31  this state, may cap the total amount of claims paid per year

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 1  per enrollee, may limit the number of enrollees or the term of

 2  coverage, or may take any combination of those actions.

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

 4  of applications for health flex plans and shall disapprove or

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

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

 7         (b)  The department shall develop guidelines for the

 8  review of health flex plan applications and shall disapprove

 9  or shall withdraw approval of plans that:

10         1.  Contain any ambiguous, inconsistent, or misleading

11  provisions or any exceptions or conditions that deceptively

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

13  general coverage provided by the health flex plan;

14         2.  Provide benefits that are unreasonable in relation

15  to the premium charged or contain provisions that are unfair

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

17  that encourage misrepresentation, or that result in unfair

18  discrimination in sales practices; or

19         3.  Cannot demonstrate that the health flex plan is

20  financially sound and that the applicant is able to underwrite

21  or finance the health care coverage provided.

22         (c)  The agency and the department may adopt rules as

23  needed to administer this section.

24         (10)  EXPIRATION.--This section expires July 1, 2008

25  2004.

26         Section 3.  Subsection (4) of section 624.406, Florida

27  Statutes, is amended to read:

28         624.406  Combinations of insuring powers, one

29  insurer.--An insurer which otherwise qualifies therefor may be

30  authorized to transact any one kind or combination of kinds of

31  insurance as defined in part V except:

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 1         (1)  A life insurer may also grant annuities, but shall

 2  not be authorized to transact any other kind of insurance

 3  except health insurance, disability income insurance, excess

 4  coverage for health maintenance organizations, or excess

 5  insurance, specific and aggregate, for self-insurers of a plan

 6  of health insurance and multiple-employer welfare

 7  arrangements.

 8         (2)  A reciprocal insurer shall not transact life

 9  insurance.

10         (3)  Except as to domestic business trust title

11  insurers as referred to in s. 624.404(6), so authorized prior

12  to the effective date of this code, a title insurer shall be a

13  stock insurer.

14         (4)  A health insurer may also transact excess

15  insurance, specific and aggregate, for self-insurers of a plan

16  of health insurance and multiple-employer welfare arrangements

17  and reinsurance for the medical and lost-wages benefits

18  provided under a workers' compensation policy.

19         Section 4.  Section 624.603, Florida Statutes, is

20  amended to read:

21         624.603  "Health insurance" defined.--"Health

22  insurance," also known as "disability insurance," is insurance

23  of human beings against bodily injury, disablement, or death

24  by accident or accidental means, or the expense thereof, or

25  against disablement or expense resulting from sickness, and

26  every insurance appertaining thereto. Health insurance does

27  not include workers' compensation coverages, except as

28  provided in s. 624.406.

29         Section 5.  Paragraph (b) of subsection (6) of section

30  627.410, Florida Statutes, is amended to read:

31         627.410  Filing, approval of forms.--

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 1         (6)

 2         (b)  The department may establish by rule, for each

 3  type of health insurance form, procedures to be used in

 4  ascertaining the reasonableness of benefits in relation to

 5  premium rates and may, by rule, exempt from any requirement of

 6  paragraph (a) any health insurance policy form or type thereof

 7  (as specified in such rule) to which form or type such

 8  requirements may not be practically applied or to which form

 9  or type the application of such requirements is not desirable

10  or necessary for the protection of the public. A law

11  restricting or limiting deductibles, coinsurance, copayments,

12  or annual or lifetime maximum payments shall not apply to any

13  health plan policy offered or delivered to an individual or to

14  a group of 51 or more persons which provides coverage as

15  described in s. 627.6561(5)(a)2. With respect to any health

16  insurance policy form or type thereof which is exempted by

17  rule from any requirement of paragraph (a), premium rates

18  filed pursuant to ss. 627.640 and 627.662 shall be for

19  informational purposes.

20         Section 6.  Section 627.6042, Florida Statutes, is

21  created to read:

22         627.6042  Dependent coverage.--

23         (1)  If an insurer offers coverage that insures

24  dependent children of the policyholder or certificateholder,

25  the policy must insure a dependent child of the policyholder

26  or certificateholder at least until the end of the calendar

27  year in which the child reaches the age of 25, if the child

28  meets all of the following:

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

30  certificateholder for support.

31  

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

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

 3  or part-time student.

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

 5  insurer's right to medically underwrite or charge the

 6  appropriate premium.

 7         Section 7.  Section 627.60425, Florida Statutes, is

 8  created to read:

 9         627.60425  Binding arbitration requirement

10  limitations.--Notwithstanding any other provision of law

11  except s. 624.155, an individual, blanket, or group life or

12  group health insurance policy, individual or group health

13  maintenance organization subscriber contract, prepaid limited

14  health organization subscriber contract, or any life or health

15  insurance policy or certificate delivered or issued for

16  delivery, including out of state group plans pursuant to s.

17  627.5515 or 627.6515 covering residents of this state, to any

18  resident of this state, shall not require the submission of

19  disputes between the parties to the policy, contract, or plan

20  to binding arbitration unless the applicant has indicated that

21  the same policy, contract, or plan was offered and rejected

22  without arbitration and that the binding arbitration provision

23  was fully explained to the applicant and willingly accepted.

24         Section 8.  Section 627.6044, Florida Statutes, is

25  amended to read:

26         627.6044  Use of a specific methodology for payment of

27  claims.--

28         (1)  Each insurance policy that provides for payment of

29  claims to non-network providers which is less than the payment

30  of the provider's billed charges to the insured, excluding

31  deductible, coinsurance, and copay amounts, shall:

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 1         (a)  Provide benefits, prior to deductible,

 2  coinsurance, and copay amounts, for using a non-network

 3  provider which are at least equal to the amount that would

 4  have been allowed had the insured used a network provider, but

 5  not in excess of the actual billed charges.

 6         (b)  Where there are multiple network providers in the

 7  geographical area in which the services were provided, or if

 8  none, the closest geographic area, the carrier may use an

 9  averaging method of the contracted amounts, but not less than

10  the 80th percentile of all network contracted amounts in the

11  geographic area.

12  

13  For purposes of this subsection, the term "network providers"

14  means those providers for which an insured will not be

15  responsible for any balance payment for services provided by

16  such provider, excluding deductible, coinsurance, and copay

17  amounts. based on a specific methodology, including, but not

18  limited to, usual and customary charges, reasonable and

19  customary charges, or charges based upon the prevailing rate

20  in the community, shall specify the formula or criteria used

21  by the insurer in determining the amount to be paid.

22         (2)  Each insurer issuing a policy that provides for

23  payment of claims based on a specific methodology shall

24  provide to an insured, upon her or his written request, an

25  estimate of the amount the insurer will pay for a particular

26  medical procedure or service. The estimate may be in the form

27  of a range of payments or an average payment and may specify

28  that the estimate is based on the assumption of a particular

29  service code. The insurer may require the insured to provide

30  detailed information regarding the procedure or service to be

31  performed, including the procedure or service code number

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 1  provided by the health care provider and the health care

 2  provider's estimated charge.  An insurer that provides an

 3  insured with a good faith estimate is not bound by the

 4  estimate.  However, a pattern of providing estimates that vary

 5  significantly from the ultimate insurance payment constitutes

 6  a violation of this code.

 7         (3)  The method used for determining the payment of

 8  claims shall be included in filings made pursuant to s.

 9  627.410(6), and may not be changed unless such change is filed

10  under s. 627.410(6).

11         (4)  Any policy that provides that the insured is

12  responsible for the balance of a claim amount, excluding

13  deductible, coinsurance, and copay amounts, must disclose such

14  feature on the face of the policy or certificate and such

15  feature must be included in any outline of coverage provided

16  to the insured.

17         Section 9.  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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 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 10.  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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 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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 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.

31  

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 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.

                                  17

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 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

                                  18

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 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

31  

                                  19

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

 2  employer reinsurance program.

 3         Section 11.  Subsection (4) of section 627.651, Florida

 4  Statutes, is amended to read:

 5         627.651  Group contracts and plans of self-insurance

 6  must meet group requirements.--

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

 8  established or maintained by an individual employer in

 9  accordance with the Employee Retirement Income Security Act of

10  1974, Pub. L. No. 93-406, or to a multiple-employer welfare

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

12  multiple-employer welfare arrangement shall comply with ss.

13  627.419, 627.657, 627.6575, 627.6578, 627.6579, 627.6612,

14  627.66121, 627.66122, 627.6615, 627.6616, and 627.662(8)(7).

15  This subsection does not allow an authorized insurer to issue

16  a group health insurance policy or certificate which does not

17  comply with this part.

18         Section 12.  Paragraph (b) of subsection (3) of section

19  627.6487, Florida Statutes, is amended, and paragraph (c) is

20  added to subsection (4) of that section, to read:

21         627.6487  Guaranteed availability of individual health

22  insurance coverage to eligible individuals.--

23         (3)  For the purposes of this section, the term

24  "eligible individual" means an individual:

25         (b)  Who is not eligible for coverage under:

26         1.  A group health plan, as defined in s. 2791 of the

27  Public Health Service Act;

28         2.  A conversion policy or contract issued by an

29  authorized insurer or health maintenance organization under s.

30  627.6675 or s. 641.3921, respectively, offered to an

31  individual who is no longer eligible for coverage under either

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 1  an insured or self-insured group health employer plan or group

 2  health insurance policy;

 3         3.  Part A or part B of Title XVIII of the Social

 4  Security Act; or

 5         4.  A state plan under Title XIX of such act, or any

 6  successor program, and does not have other health insurance

 7  coverage;

 8         (4)

 9         (c)  If the individual's most recent period of

10  creditable coverage was earned in a state other than this

11  state, an insurer issuing a policy that complies with

12  paragraph (a) may impose a surcharge or charge a premium for

13  such policy equal to that permitted in the state in which such

14  creditable coverage was earned.

15         Section 13.  Paragraph (c) of subsection (8) of section

16  627.6561, Florida Statutes, is amended to read:

17         627.6561  Preexisting conditions.--

18         (8)

19         (c)  The certification described in this section is a

20  written certification that must include:

21         1.  The period of creditable coverage of the individual

22  under the policy and the coverage, if any, under such COBRA

23  continuation provision or continuation pursuant to s.

24  627.6692.; and

25         2.  The waiting period, if any, imposed with respect to

26  the individual for any coverage under such policy.

27         3.  A statement that the creditable coverage was

28  provided under a group health plan, a group or individual

29  health insurance policy, or a health maintenance organization

30  contract, the state in which such coverage was provided, and

31  

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 1  whether or not such individual was eligible for a conversion

 2  policy under such coverage.

 3         Section 14.  Section 627.662, Florida Statutes, is

 4  amended to read:

 5         627.662  Other provisions applicable.--The following

 6  provisions apply to group health insurance, blanket health

 7  insurance, and franchise health insurance:

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

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

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

11  identification numbers and statement of deductible provisions.

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

13  methodology for payment of claims.

14         (4)(3)  Section 627.635, relating to excess insurance.

15         (5)(4)  Section 627.638, relating to direct payment for

16  hospital or medical services.

17         (6)(5)  Section 627.640, relating to filing and

18  classification of rates.

19         (7)(6)  Section 627.613, relating to timely payment of

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

21  whichever is applicable.

22         (8)(7)  Section 627.645(1), relating to denial of

23  claims.

24         (9)(8)  Section 627.6471, relating to preferred

25  provider organizations.

26         (10)(9)  Section 627.6472, relating to exclusive

27  provider organizations.

28         (11)(10)  Section 627.6473, relating to combined

29  preferred provider and exclusive provider policies.

30         (12)(11)  Section 627.6474, relating to provider

31  contracts.

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 1         Section 15.  Subsection (6) of section 627.667, Florida

 2  Statutes, is amended to read:

 3         627.667  Extension of benefits.--

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

 5  certificates which are renewed, delivered, or issued for

 6  delivery to residents of this state under group policies

 7  effectuated or delivered outside this state, unless a

 8  succeeding carrier under a group policy has agreed to assume

 9  liability for the benefits.

10         Section 16.  Paragraph (e) of subsection (5) of section

11  627.6692, Florida Statutes, is amended to read:

12         627.6692  Florida Health Insurance Coverage

13  Continuation Act.--

14         (5)  CONTINUATION OF COVERAGE UNDER GROUP HEALTH

15  PLANS.--

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

17  beneficiary who wishes continuation of coverage must pay the

18  initial premium and elect such continuation in writing to the

19  insurance carrier issuing the employer's group health plan

20  within 63 30 days after receiving notice from the insurance

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

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

23  insurance carrier's designee shall process all elections

24  promptly and provide coverage retroactively to the date

25  coverage would otherwise have terminated. The premium due

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

27  have otherwise terminated due to the qualifying event. The

28  first premium payment must include the coverage paid to the

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

30  election, the insurance carrier must bill the qualified

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

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

 2  period for payment.

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

 4  election by a qualified beneficiary shall be deemed to include

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

 6  qualified beneficiary residing in the same household who would

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

 8  qualifying event. This subparagraph does not preclude a

 9  qualified beneficiary from electing continuation of coverage

10  on behalf of any other qualified beneficiary.

11         Section 17.  Paragraphs (g), (h), (i), and (u) of

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

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

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

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

16  amended, and paragraph (k) is added to subsection (5) of that

17  section, to read:

18         627.6699  Employee Health Care Access Act.--

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

20         (g)  "Dependent" means the spouse or child as described

21  in s. 627.6512 of an eligible employee, subject to the

22  applicable terms of the health benefit plan covering that

23  employee.

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

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

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

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

28  met any applicable waiting-period requirements or other

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

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

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

                                  24

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 1  independent contractor is included as an employee under a

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

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

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

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

 6  the carrier provides or arranges for health care services to

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

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

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

10  business carried on by the individual or sole proprietor which

11  necessitates that the individual file with the Internal

12  Revenue Service for the most recent tax year federal income

13  tax forms with supporting schedules and accompanying income

14  reporting forms or federal income tax extensions of time to

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

16  1040, schedule C or F, and which generated taxable income in

17  one of the 2 previous years.

18         (5)  AVAILABILITY OF COVERAGE.--

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

20  of transacting business in this state:

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

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

23  every eligible small employer, with 2 to 50 eligible

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

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

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

27  benefits may be medically underwritten and may only be added

28  to the standard health benefit plan. The increased rate

29  charged for the additional or increased benefit must be rated

30  in accordance with this section.

31  

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

 2  offer and issue basic and standard small employer health

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

 4  small employer which is eligible for guaranteed renewal, has

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

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

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

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

 9  additional or increased benefits may be medically underwritten

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

11  increased rate charged for the additional or increased benefit

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

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

14  dependent children shall constitute a single eligible employee

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

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

17  hours.

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

19  and standard small employer health benefit plans on a

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

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

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

23  small employer is not formed primarily for the purpose of

24  buying health insurance and which elects to be covered under

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

26  satisfies the other provisions of the plan. Coverage provided

27  under this sub-subparagraph subparagraph shall begin on

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

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

30  different date. A rider for additional or increased benefits

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

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 1  standard health benefit plan. The increased rate charged for

 2  the additional or increased benefit must be rated in

 3  accordance with this section. For purposes of this

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

 5  and his or her dependent children constitute a single eligible

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

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

 8  a normal work week of less than 25 hours.

 9         b.  Notwithstanding the restrictions set forth in

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

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

12  627.6571(3)(b) or s. 641.31074(3)(b), the eligible small

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

14  to enroll with another carrier offering small employer

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

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

17  Coverage provided under this sub-subparagraph shall begin

18  immediately upon enrollment unless the small employer carrier

19  and the small employer agree to a different date.

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

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

22  standard and basic health benefit plans are offered and

23  rejected.

24         (k)  Beginning January 1, 2004, every small employer

25  shall provide, on an annual basis, information on at least

26  three different health benefit plans for employees. Nothing in

27  this paragraph shall be construed as requiring a small

28  employer to provide the health benefit plan or contribute to

29  the cost of such plan.

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

31  

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

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

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

 4  benefit plans subject to this section are subject to the

 5  following:

 6         1.  Small employer carriers must use a modified

 7  community rating methodology in which the premium for each

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

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

10  family composition, tobacco use, or geographic area as

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

12  be adjusted as permitted by this paragraph.

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

14  composition, tobacco use, or geographic location may be

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

16  The factors used by carriers are subject to department review

17  and approval.

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

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

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

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

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

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

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

25  employers covered under the policy if:

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

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

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

29         b.  The insurer demonstrates to the department that

30  efficiencies in administration are achieved and reflected in

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

                                  28

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

 2  to a small employer health alliance or other group association

 3  with rates that reflect a premium credit for expense savings

 4  attributable to administrative activities being performed by

 5  the alliance or group association if such expense savings are

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

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

 8  on different morbidity assumptions or on any other factor

 9  related to the health status or claims experience of any

10  person covered under the policy. Nothing in this subparagraph

11  exempts an alliance or group association from licensure for

12  any activities that require licensure under the insurance

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

14  small employer health alliance or other group association

15  shall allow any properly licensed and appointed agent of that

16  carrier to market and sell the small employer health alliance

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

18  the usual and customary commission paid to any agent selling

19  the policy.

20         5.  Any adjustments in rates for claims experience,

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

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

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

24  small employer which deviates more than 15 percent from the

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

26  uniformly to the rates charged for all employees and

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

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

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

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

31  dependents of the small employer. Semiannually, small group

                                  29

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 1  carriers shall report information on forms adopted by rule by

 2  the department, to enable the department to monitor the

 3  relationship of aggregate adjusted premiums actually charged

 4  policyholders by each carrier to the premiums that would have

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

 6  community rates. If the aggregate resulting from the

 7  application of such adjustment exceeds the premium that would

 8  have been charged by application of the approved modified

 9  community rate by 3 5 percent for the current reporting

10  period, the carrier shall limit the application of such

11  adjustments only to minus adjustments beginning not more than

12  60 days after the report is sent to the department. For any

13  subsequent reporting period, if the total aggregate adjusted

14  premium actually charged does not exceed the premium that

15  would have been charged by application of the approved

16  modified community rate by 3 5 percent, the carrier may apply

17  both plus and minus adjustments. A small employer carrier may

18  provide a credit to a small employer's premium based on

19  administrative and acquisition expense differences resulting

20  from the size of the group. Group size administrative and

21  acquisition expense factors may be developed by each carrier

22  to reflect the carrier's experience and are subject to

23  department review and approval.

24         6.  A small employer carrier rating methodology may

25  include separate rating categories for one dependent child,

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

27  children for family coverage of employees having a spouse and

28  dependent children or employees having dependent children

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

30  greater, numbers of categories for dependent children than

31  those specified in this subparagraph.

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 1         7.  Small employer carriers may not use a composite

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

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

 4  rating methodology" means a rating methodology that averages

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

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

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

 8  employer groups with less than 2 eligible employees from the

 9  experience of small employer groups with 2-50 eligible

10  employees for purposes of determining an alternative modified

11  community rating.

12         b.  If a carrier separates the experience of small

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

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

15  employees may not exceed 150 percent of the rate determined

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

17  the carrier may charge excess losses of the experience pool

18  consisting of small employer groups with less than 2 eligible

19  employees to the experience pool consisting of small employer

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

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

22  pool consisting of small employer groups with less than 2

23  eligible employees is maintained. Notwithstanding s.

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

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

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

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

28  annual renewal and 150 percent for subsequent annual renewals.

29         9.  In addition to the separation allowed under

30  sub-subparagraph 8.a., a carrier may also separate the

31  experience of small employer groups of 1-50 eligible employees

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 1  using a health reimbursement arrangement, as defined in

 2  Internal Revenue Service Notice 2002-45, 2002-28 Internal

 3  Revenue Bulletin 93, and Revenue Ruling 2002-41, 2002-28

 4  Internal Revenue Bulletin 75, from the experience of small

 5  employer groups of 1-50 eligible employees not using such a

 6  health reimbursement arrangement for purposes of determining

 7  an alternative modified community rating.

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

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

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

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

12  small employer carrier must make an initial election, binding

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

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

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

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

17  31, 1995, after which an election shall be binding for a

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

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

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

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

22  use for small employer group health insurance; such

23  designation shall be binding indefinitely or until modified or

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

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

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

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

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

29  CARRIER.--

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

31  small employer carrier's filing a designation of election

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

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

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

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

 5  at the request of the carrier.

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

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

 8  granted under the laws of this state to insurance companies

 9  and health maintenance organizations licensed to transact

10  business, except the power to issue health benefit plans

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

12  program has specific authority to:

13         1.  Enter into contracts as necessary or proper to

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

15  the authority to enter into contracts with similar programs of

16  other states for the joint performance of common functions or

17  with persons or other organizations for the performance of

18  administrative functions.

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

20  necessary or proper for recovering any assessments and

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

22  carrier.

23         3.  Take any legal action necessary to avoid the

24  payment of improper claims against the program.

25         4.  Issue reinsurance policies, in accordance with the

26  requirements of this act.

27         5.  Establish rules, conditions, and procedures for

28  reinsurance risks under the program participation.

29         6.  Establish actuarial functions as appropriate for

30  the operation of the program.

31  

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 1         7.  Assess participating carriers in accordance with

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

 3  reasonable and necessary for organizational and interim

 4  operating expenses. Interim assessments shall be credited as

 5  offsets against any regular assessments due following the

 6  close of the calendar year.

 7         8.  Appoint appropriate legal, actuarial, and other

 8  committees as necessary to provide technical assistance in the

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

10  authority of the program.

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

12  Any notes or other evidences of indebtedness of the program

13  which are not in default constitute legal investments for

14  carriers and may be carried as admitted assets.

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

16  deductible reinsurance requirement to adjust for the effects

17  of inflation. The program may evaluate the desirability of

18  establishing different levels of deductibles.  If different

19  levels of deductibles are established, such levels and the

20  resulting premiums shall be approved by the office.

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

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

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

24  following provisions:

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

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

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

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

29  of coverage provided under the standard and basic health care

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

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

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 1  program may develop alternate levels of reinsurance designed

 2  to coordinate with a reinsuring carrier's existing

 3  reinsurance. The levels of reinsurance and resulting premiums

 4  must be approved by the office.

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

 6  carrier may reinsure an eligible employee or dependent within

 7  60 days after the commencement of the coverage of the small

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

 9  small employer may be reinsured within 60 days after the

10  commencement of his or her coverage.

11         3.  A small employer carrier may reinsure an entire

12  employer group within 60 days after the commencement of the

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

14  reinsure newly eligible employees and dependents of the

15  reinsured group pursuant to subparagraph 1.

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

17  small employer carrier to reinsure an entire employer group or

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

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

20  the office.

21         5.4.  The program may not reimburse a participating

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

23  dependent 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 shall be responsible for 10 percent of the next

28  $50,000 and 5 percent of the next $100,000 of incurred claims

29  during a calendar year and the program shall reinsure the

30  remainder.

31  

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 1         6.5.  The board annually shall adjust the initial level

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

 3  to reflect increases in costs and utilization within the

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

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

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

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

 8  of Labor, unless the board proposes and the department

 9  approves a lower adjustment factor.

10         7.6.  A small employer carrier may terminate

11  reinsurance for all reinsured employees or dependents on any

12  plan anniversary.

13         8.7.  The premium rate charged for reinsurance by the

14  program to a health maintenance organization that is approved

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

16  qualified health maintenance organization pursuant to 42

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

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

19  to the program, which requirements are more restrictive than

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

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

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

23  program.

24         9.8.  The board may consider adjustments to the premium

25  rates charged for reinsurance by the program for carriers that

26  use effective cost containment measures, including high-cost

27  case management, as defined by the board.

28         10.9.  A reinsuring carrier shall apply its

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

30  not limited to, utilization review, individual case

31  management, preferred provider provisions, other managed care

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 1  provisions or methods of operation, consistently with both

 2  reinsured business and nonreinsured business.

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

 4  shall establish a methodology for determining premium rates to

 5  be charged by the program for reinsuring small employers and

 6  individuals pursuant to this section. The methodology shall

 7  include a system for classification of small employers that

 8  reflects the types of case characteristics commonly used by

 9  small employer carriers in the state. The methodology shall

10  provide for the development of basic reinsurance premium

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

12  in this paragraph to determine the premium rates for the

13  program. The basic reinsurance premium rates shall be

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

15  department, and shall be set at levels which reasonably

16  approximate gross premiums charged to small employers by small

17  employer carriers for health benefit plans with benefits

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

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

20  as determined under this section, to reflect differences in

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

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

23  is 1.5 times the rate established by the board.

24         b.  An eligible employee or dependent may be reinsured

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

26         2.  The board periodically shall review the methodology

27  established, including the system of classification and any

28  rating factors, to assure that it reasonably reflects the

29  claims experience of the program. The board may propose

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

31  the department.

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

 2  the board shall determine and report to the department the

 3  program net loss for the previous year, including

 4  administrative expenses for that year, and the incurred losses

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

 6  appropriate gains and losses.

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

 8  assessment of the carriers, as follows:

 9         a.  The operating losses of the program shall be

10  assessed in the following order subject to the specified

11  limitations. The first tier of assessments shall be made

12  against reinsuring carriers in an amount which shall not

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

14  health benefit plans covering small employers. If such

15  assessments have been collected and additional moneys are

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

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

18  health benefit plan premiums. Except as provided in paragraph

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

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

21  reinsuring carrier for the first tier of assessments shall be

22  credited against any additional assessments made.

23         b.  The board shall equitably assess carriers for

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

25  shall annually assess each carrier a portion of the operating

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

27  determined by multiplying the operating losses by a fraction,

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

29  premium pertaining to direct writings of small employer health

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

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

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 1  the total of all such premiums earned by reinsuring carriers

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

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

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

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

 6  assessments against carriers to ensure the financial ability

 7  of the plan to cover claims expenses and administrative

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

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

10  anticipated receipt of annual assessments for that calendar

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

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

13  Interim assessment payments shall be credited against the

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

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

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

17  not be considered for purposes of determining assessments.

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

19  board shall make an adjustment to the assessment formula for

20  reinsuring carriers that are approved as federally qualified

21  health maintenance organizations by the Secretary of Health

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

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

24  are not imposed on other small employer carriers.

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

26  shall determine and file with the department an estimate of

27  the assessments needed to fund the losses incurred by the

28  program in the previous calendar year.

29         4.  If the board determines that the assessments needed

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

31  calendar year will exceed the amount specified in subparagraph

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

 2  report its findings, including any recommendations for changes

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

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

 5  were incurred. The evaluation shall include an estimate of

 6  future assessments, the administrative costs of the program,

 7  the appropriateness of the premiums charged and the level of

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

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

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

11  applicable calendar year, the department may evaluate the

12  operations of the program and implement such amendments to the

13  plan of operation the department deems necessary to reduce

14  future losses and assessments.

15         5.  If assessments exceed the amount of the actual

16  losses and administrative expenses of the program, the excess

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

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

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

20  incurred but not reported claims.

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

22  be determined annually by the board, based on annual

23  statements and other reports considered necessary by the board

24  and filed by the carriers with the board.

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

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

27  an assessment.

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

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

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

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

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

 2  financially impaired condition. If an assessment against a

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

 4  the assessment is deferred may be assessed against the other

 5  carriers in a manner consistent with the basis for assessment

 6  set forth in this section. The carrier receiving such

 7  deferment remains liable to the program for the amount

 8  deferred and is prohibited from reinsuring any individuals or

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

10         Section 18.  Section 627.911, Florida Statutes, is

11  amended to read:

12         627.911  Scope of this part.--Any insurer or health

13  maintenance organization transacting insurance in this state

14  shall report information as required by this part.

15         Section 19.  Section 627.9175, Florida Statutes, is

16  amended to read:

17         627.9175  Reports of information on health insurance.--

18         (1)  Each authorized health insurer or health

19  maintenance organization shall submit annually to the office,

20  on or before March 1 of each year, information concerning

21  department as to policies of individual health insurance

22  coverage being issued or currently in force in this state. The

23  information shall include information related to premium,

24  number of policies, and covered lives for such policies and

25  other information necessary to analyze trends in enrollment,

26  premiums, and claim costs.:

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

28  market segment, to include:

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

30  person or agent.

31  

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

 2  including, but not limited to:

 3         1.  Direct premiums earned.

 4         2.  Direct losses incurred.

 5         3.  Direct premiums earned for new business issued

 6  during the year.

 7         4.  Number of policies.

 8         5.  Number of certificates.

 9         6.  Number of total covered lives.

10         (3)  The commission may adopt rules to administer this

11  section, including rules governing compliance and provisions

12  implementing electronic methodologies for use in furnishing

13  such records or documents. The commission may by rule specify

14  a uniform format for the submission of this information in

15  order to allow for meaningful comparisons.

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

17  limitations for each type of individual policy form currently

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

19  appropriate:

20         1.  The deductible amount;

21         2.  The coinsurance percentage;

22         3.  The out-of-pocket maximum;

23         4.  Outpatient benefits;

24         5.  Inpatient benefits; and

25         6.  Any exclusions for preexisting conditions.

26  

27  The department shall determine other appropriate benefits,

28  exclusions, and limitations to be reported for inclusion in

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

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

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

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

 2  and is determined to be appropriate for inclusion by the

 3  department.

 4  

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

 6  submission of this information in order to allow for

 7  meaningful comparisons of premiums charged for comparable

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

 9  guide which summarizes and compares the information required

10  to be reported under this subsection.

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

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

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

14  has implemented or proposes to implement during the next

15  calendar year for the purpose of containing health insurance

16  costs or cost increases. The reports shall identify each

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

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

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

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

21  by insurers in reporting information pursuant to this

22  subsection and shall utilize such forms to analyze the effects

23  of health care cost containment programs used by health

24  insurers in this state.

25         (c)  The department shall analyze the data reported

26  under this subsection and shall annually make available to the

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

28  containment measures reported and the estimated effect of

29  these measures.

30         Section 20.  Section 627.9403, Florida Statutes, is

31  amended to read:

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

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

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

 4  issued for delivery outside this state to the extent provided

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

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

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

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

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

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

11  supplement policy shall meet the requirements of this part and

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

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

14  favorable to the policyholder or certificateholder. The

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

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

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

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

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

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

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

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

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

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

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

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

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

28         Section 21.  Subsection (2), paragraph (d) of

29  subsection (3), and subsections (9) through (17) of section

30  641.31, Florida Statutes, are amended to read:

31         641.31  Health maintenance contracts.--

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 1         (2)  The rates charged by any health maintenance

 2  organization to its subscribers shall not be excessive,

 3  inadequate, or unfairly discriminatory or follow a rating

 4  methodology that is inconsistent, indeterminate, or ambiguous

 5  or encourages misrepresentation or misunderstanding. A law

 6  restricting or limiting deductibles, coinsurance, copayments,

 7  or annual or lifetime maximum payments shall not apply to any

 8  health maintenance organization contract offered or delivered

 9  to an individual or a group of 51 or more persons which

10  provides coverage as described in s. 641.31071(5)(a)2. The

11  department, in accordance with generally accepted actuarial

12  practice as applied to health maintenance organizations, may

13  define by rule what constitutes excessive, inadequate, or

14  unfairly discriminatory rates and may require whatever

15  information it deems necessary to determine that a rate or

16  proposed rate meets the requirements of this subsection.

17         (3)

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

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

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

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

22  the filing has been affirmatively approved or disapproved by

23  order of the department. The approval of the filing by the

24  department constitutes a waiver of any unexpired portion of

25  such waiting period. The department may extend by not more

26  than an additional 15 days the period within which it may so

27  affirmatively approve or disapprove any such filing, by giving

28  notice of such extension before expiration of the initial

29  30-day period. At the expiration of any such period as so

30  extended, and in the absence of such prior affirmative

31  approval or disapproval, any such filing shall be deemed

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 1  approved. This paragraph does not apply to group contracts

 2  effectuated and delivered in this state insuring groups of 51

 3  or more persons, except for Medicare supplement insurance,

 4  long-term care insurance, and any coverage under which the

 5  increase in claims costs over the lifetime of the contract due

 6  to advancing age or duration is refunded in the premium.

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

 8  coverage for dependent children of the subscriber, the

 9  contract must cover a dependent child of the subscriber at

10  least until the end of the calendar year in which the child

11  reaches the age of 25, if the child meets all of the

12  following:

13         a.  The child is dependent upon the subscriber for

14  support.

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

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

17         2.  Nothing in this paragraph affects or preempts a

18  health maintenance organization's right to medically

19  underwrite or charge the appropriate premium.

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

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

22  coverage, provide that benefits applicable to children of the

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

24  the subscriber placed in compliance with chapter 63 from the

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

26  in the case of a foster child, the contract may not exclude

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

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

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

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

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

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

 2  not ultimately placed in the residence of the subscriber in

 3  compliance with chapter 63.

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

 5  health maintenance organization of the birth or placement of

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

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

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

 9  the health maintenance organization may not charge an

10  additional premium for coverage of the child for the duration

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

12  health maintenance organization may charge an additional

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

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

15  child, the health maintenance organization may not deny

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

17  timely notify the health maintenance organization of the birth

18  or placement of the child.

19         3.  If the contract does not require the subscriber to

20  notify the health maintenance organization of the birth or

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

22  the health maintenance organization may not deny coverage for

23  such child or retroactively charge the subscriber an

24  additional premium for such child. However, the health

25  maintenance organization may prospectively charge the

26  subscriber an additional premium for the child if the health

27  maintenance organization provides at least 45 days' notice of

28  the additional premium required.

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

30  and pediatric health care for all children placed in

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

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 1  maintenance organization contracts that provide coverage for a

 2  family member of the subscriber shall, as to such family

 3  member's coverage, provide that benefits applicable for

 4  children shall be payable with respect to a foster child or

 5  other child in court-ordered temporary or other custody of the

 6  subscriber.

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

 8  dependent child shall terminate upon attainment of the

 9  limiting age for dependent children specified in the contract

10  shall also provide in substance that attainment of the

11  limiting age does not terminate the coverage of the child

12  while the child continues to be: 

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

14  of mental retardation or physical handicap.

15         (b)  Chiefly dependent upon the subscriber for support

16  and maintenance.

17  

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

19  that the child has attained the limiting age for dependent

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

21  state that the subscriber has the burden of establishing that

22  the child continues to meet the criteria specified in

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

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

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

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

27  coverage, benefits, or services applicable for children must

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

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

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

31  family member other than the spouse of the insured or

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 1  subscriber, the coverage for the newborn child terminates 18

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

 3  benefits, or services for newborn children must consist of

 4  coverage for injury or sickness, including the necessary care

 5  or treatment of medically diagnosed congenital defects, birth

 6  abnormalities, or prematurity, and transportation costs of the

 7  newborn to and from the nearest appropriate facility

 8  appropriately staffed and equipped to treat the newborn's

 9  condition, when such transportation is certified by the

10  attending physician as medically necessary to protect the

11  health and safety of the newborn child.

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

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

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

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

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

17  plan may not charge an additional premium for additional

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

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

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

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

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

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

24  the child or to preenroll the child.

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

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

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

28  may it retroactively charge the subscriber an additional

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

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

31  

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

 2  charge.

 3         (11)(10)  No alteration of any written application for

 4  any health maintenance contract shall be made by any person

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

 6  except that insertions may be made by the health maintenance

 7  organization, for administrative purposes only, in such manner

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

 9  ascribed to the applicant.

10         (12)(11)  No contract shall contain any waiver of

11  rights or benefits provided to or available to subscribers

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

13  maintenance organizations.

14         (13)(12)  Each health maintenance contract,

15  certificate, or member handbook shall state that emergency

16  services and care shall be provided to subscribers in

17  emergency situations not permitting treatment through the

18  health maintenance organization's providers, without prior

19  notification to and approval of the organization. Not less

20  than 75 percent of the reasonable charges for covered services

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

22  subscriber contract benefit limits. Payment also may be

23  subject to additional applicable copayment provisions, not to

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

25  certificate, or member handbook shall contain the definitions

26  of "emergency services and care" and "emergency medical

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

28  describe procedures for determination by the health

29  maintenance organization of whether the services qualify for

30  reimbursement as emergency services and care, and shall

31  contain specific examples of what does constitute an

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

 2  covered service, a health maintenance organization shall be

 3  governed by s. 641.513.

 4         (14)(13)  In addition to the requirements of this

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

 6  payments for health care costs made under Medicare, Title

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

 8  B:

 9         (a)  The health maintenance organization shall mail or

10  deliver notification to the Medicare beneficiary of the date

11  of enrollment in the health maintenance organization within 10

12  days after receiving notification of enrollment approval from

13  the United States Department of Health and Human Services,

14  Health Care Financing Administration. When a Medicare

15  beneficiary who is a subscriber of the health maintenance

16  organization requests disenrollment from the organization, the

17  organization shall mail or deliver to the beneficiary notice

18  of the effective date of the disenrollment within 10 days

19  after receipt of the written disenrollment request. The health

20  maintenance organization shall forward the disenrollment

21  request to the United States Department of Health and Human

22  Services, Health Care Financing Administration, in a timely

23  manner so as to effectuate the next available disenrollment

24  date, as prescribed by such federal agency.

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

26  member handbook shall be delivered to the subscriber no later

27  than the earlier of 10 working days after the health

28  maintenance organization and the Health Care Financing

29  Administration of the United States Department of Health and

30  Human Services approve the subscriber's enrollment application

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

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 1  health maintenance contract. However, if notice from the

 2  Health Care Financing Administration of its approval of the

 3  subscriber's enrollment application is received by the health

 4  maintenance organization after the effective coverage date

 5  prescribed by the Health Care Financing Administration, the

 6  health maintenance organization shall deliver the contract,

 7  certificate, or member handbook to the subscriber within 10

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

 9  enrolled in a health maintenance organization program, the

10  contract, certificate, or member handbook shall be accompanied

11  by a health maintenance organization identification sticker

12  with instruction to the Medicare beneficiary to place the

13  sticker on the Medicare identification card.

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

15  organization is also a Medicaid recipient, the health

16  maintenance organization's coverage shall be primary to the

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

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

19         (16)(15)(a)  All health maintenance contracts,

20  certificates, and member handbooks shall contain the following

21  provision:

22  

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

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

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

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

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

28  

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

30  apply to certificates or member handbooks delivered to

31  individual subscribers under a group health maintenance

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

 2  contract on behalf of the subscriber group pays the entire

 3  premium for the individual subscribers. However, such required

 4  provision shall apply to the group health maintenance

 5  contract.

 6         (17)(16)  The contracts must clearly disclose the

 7  intent of the health maintenance organization as to the

 8  applicability or nonapplicability of coverage to preexisting

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

10  applicable to preexisting conditions, the contract shall

11  specify, in substance, that coverage pertains solely to

12  accidental bodily injuries resulting from accidents occurring

13  after the effective date of coverage and that sicknesses are

14  limited to those which first manifest themselves subsequent to

15  the effective date of coverage.

16         (17)  All health maintenance contracts that provide

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

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

19  benefits, or services applicable for children shall be

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

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

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

23  contracts may not exclude coverage for any preexisting

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

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

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

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

28  such agreement is enforceable. However, coverage for such

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

30  ultimately placed in the residence of the subscriber in

31  compliance with chapter 63.

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 1         Section 22.  Section 641.3101, Florida Statutes, is

 2  amended to read:

 3         641.3101  Additional contract contents.--

 4         (1)  A health maintenance contract may contain

 5  additional provisions not inconsistent with this part which

 6  are:

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

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

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

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

11  prohibited by law nor in conflict with any provisions required

12  to be included therein.

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

14  methodology for payment of claims shall comply with s.

15  627.6044. The method used for determining the payment of

16  claims shall be included in filings made pursuant to s.

17  641.31(3), and may not be changed unless such change is filed

18  under s. 641.31(3).

19         Section 23.  Section 641.31025, Florida Statutes, is

20  created to read:

21         641.31025  Specific reasons for denial of

22  coverage.--The denial of an application for a health

23  maintenance organization contract must be accompanied by the

24  specific reasons for the denial, including, but not limited

25  to, the specific underwriting reasons, if applicable.

26         Section 24.  Section 641.31075, Florida Statutes, is

27  created to read:

28         641.31075  Replacement.--Any health maintenance

29  organization that is replacing any other group health coverage

30  with its group health maintenance coverage shall comply with

31  s. 627.666.

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 1         Section 25.  Subsections (1) and (3) of section

 2  641.3111, Florida Statutes, are amended to read:

 3         641.3111  Extension of benefits.--

 4         (1)  Every group health maintenance contract shall

 5  provide that termination of the contract shall be without

 6  prejudice to any continuous loss which commenced while the

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

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

 9  the continuous total disability of the subscriber and may be

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

11  illness incurred while the subscriber was a member. The

12  extension is required regardless of whether the group contract

13  holder or other entity secures replacement coverage from a new

14  insurer or health maintenance organization or foregoes the

15  provision of coverage. The required provision must provide for

16  continuation of contract benefits in connection with the

17  treatment of a specific accident or illness incurred while the

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

19  limited to the occurrence of the earliest of the following

20  events:

21         (a)  The expiration of 12 months.

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

23  disabled.

24         (c)  A succeeding carrier elects to provide replacement

25  coverage without limitation as to the disability condition.

26         (c)(d)  The maximum benefits payable under the contract

27  have been paid.

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

29  covered by the succeeding carrier, a reasonable extension of

30  benefits or accrued liability provision is required, which

31  provision provides for continuation of the contract benefits

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 1  in connection with maternity expenses for a pregnancy that

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

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

 4  upon total disability.

 5         Section 26.  Subsection (1) of section 641.2018,

 6  Florida Statutes, is amended to read:

 7         641.2018  Limited coverage for home health care

 8  authorized.--

 9         (1)  Notwithstanding other provisions of this chapter,

10  a health maintenance organization may issue a contract that

11  limits coverage to home health care services only. The

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

13  requirements of this part that do not require or otherwise

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

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

16  organization or contract that limits coverage to home care

17  services, except the requirements for providing comprehensive

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

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

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

21         Section 27.  Section 641.3107, Florida Statutes, is

22  amended to read:

23         641.3107  Delivery of contract.--Unless delivered upon

24  execution or issuance, a health maintenance contract,

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

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

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

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

29  working days from approval of the enrollment form by the

30  health maintenance organization or by the effective date of

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

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

 2  subscriber group requires retroactive enrollment of a

 3  subscriber, the organization shall deliver the contract,

 4  certificate, or member handbook to the subscriber within 10

 5  days after receiving notice from the employer of the

 6  retroactive enrollment. This section does not apply to the

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

 8         Section 28.  Subsection (4) of section 641.513, Florida

 9  Statutes, is amended to read:

10         641.513  Requirements for providing emergency services

11  and care.--

12         (4)  A subscriber may be charged a reasonable

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

14  emergency room.

15         Section 29.  Section 627.6410, Florida Statutes, is

16  created to read:

17         627.6410  Optional coverage for speech, language,

18  swallowing, and hearing disorders.--

19         (1)  Insurers issuing individual health insurance

20  policies in this state shall make available to the

21  policyholder as part of the application for any such policy of

22  insurance, for an appropriate additional premium, the benefits

23  or levels of benefits specified in the December 1999 Florida

24  Medicaid Therapy Services Handbook for genetic or congenital

25  disorders or conditions involving speech, language,

26  swallowing, and hearing and a hearing aid and earmolds benefit

27  at the level of benefits specified in the January 2001 Florida

28  Medicaid Hearing Services Handbook.

29         (2)  This section does not apply to specified-accident,

30  specified-disease, hospital indemnity, limited benefit,

31  disability income, or long-term care insurance policies.

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 1         (3)  Such optional coverage is not required to be

 2  offered when substantially similar benefits are included in

 3  the policy of insurance issued to the policyholder.

 4         (4)  This section does not require or prohibit the use

 5  of a provider network.

 6         (5)  This section does not prohibit an insurer from

 7  requiring prior authorization for the benefits under this

 8  section.

 9         Section 30.  Section 627.66912, Florida Statutes, is

10  created to read:

11         627.66912  Optional coverage for speech, language,

12  swallowing, and hearing disorders.--

13         (1)  Insurers issuing group health insurance policies

14  in this state shall make available to the policyholder as part

15  of the application for any such policy of insurance, for an

16  appropriate additional premium, the benefits or levels of

17  benefits specified in the December 1999 Florida Medicaid

18  Therapy Services Handbook for genetic or congenital disorders

19  or conditions involving speech, language, swallowing, and

20  hearing and a hearing aid and earmolds benefit at the level of

21  benefits specified in the January 2001 Florida Medicaid

22  Hearing Services Handbook.

23         (2)  This section does not apply to specified-accident,

24  specified-disease, hospital indemnity, limited benefit,

25  disability income, or long-term care insurance policies.

26         (3)  Such optional coverage is not required to be

27  offered when substantially similar benefits are included in

28  the policy of insurance issued to the policyholder.

29         (4)  This section does not require or prohibit the use

30  of a provider network.

31  

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 1         (5)  This section does not prohibit an insurer from

 2  requiring prior authorization for the benefits under this

 3  section.

 4         Section 31.  Subsection (40) is added to section

 5  641.31, Florida Statutes, to read:

 6         641.31  Health maintenance contracts.--

 7         (40)  Health maintenance organizations shall make

 8  available to the contract holder as part of the application

 9  for any such contract, for an appropriate additional premium,

10  the benefits or levels of benefits specified in the December

11  1999 Florida Medicaid Therapy Services Handbook for genetic or

12  congenital disorders or conditions involving speech, language,

13  swallowing, and hearing and a hearing aid and earmolds benefit

14  at the level of benefits specified in the January 2001 Florida

15  Medicaid Hearing Services Handbook.

16         (a)  Such optional coverage is not required to be

17  offered when substantially similar benefits are included in

18  the contract issued to the subscriber.

19         (b)  This section does not require or prohibit the use

20  of a provider network.

21         (c)  This section does not prohibit an organization

22  from requiring prior authorization for the benefits under this

23  subsection.

24         (d)  This subsection does not apply to health

25  maintenance organizations issuing individual coverage to fewer

26  than 50,000 members.

27         Section 32.  This act shall take effect July 1, 2003.

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1796

 3                                 

 4  The committee substitute does the following:

 5  -    Requires hospitals to have an Internet web site that
         lists charges and codes for certain procedures, to
 6       furnish a patient a reasonable estimate of charges, and
         to make available records that are necessary to verify
 7       the accuracy of the patient's bill.

 8  -    Extends the term of the pilot project for health flex
         plans for an additional 4 years.
 9  
    -    Allows health insurers to transact reinsurance for the
10       medical and lost wages benefits under a workers'
         compensation insurance policy.
11  
    -     Revises the prohibition on mandatory arbitration clauses
12       in life, health, and disability insurance.

13  -    Allows large group health insurance policies and HMO
         contracts covering a group of 51 or more persons to be
14       exempt from any law that restricts deductibles,
         coinsurance, copayments, or annual or lifetime maximum
15       benefits.

16  -    Requires health insurance policies and HMO contracts that
         provide coverage to non-network providers to provide
17       certain payments.

18  -    Allows insurers issuing individual coverage on a
         guarantee-issue basis to HIPAA-eligible individuals whose
19       most recent coverage was in another state, to impose a
         surcharge as would be permitted in that state.
20  
    -    Requires small employers to annually provide information
21       on at least three different health benefit plans for
         their employees.
22  
    -    Requires insurers and HMOs to offer coverage for speech,
23       language, swallowing, and hearing disorders.

24  -    Deletes provisions of the bill relating to prescription
         drug benefits and home health services.
25  
    -    Reinserts the current law allowing small group carriers
26       to adjust rates by plus or minus 15 percent based on
         health status or claims experience.
27  

28  

29  

30  

31  

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