SENATE AMENDMENT
    Bill No. CS for SB 2750
    Amendment No. ___   Barcode 290810
                            CHAMBER ACTION
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       04/30/2003 06:25 PM         .                    
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11  Senator Posey moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 86, line 31,
15  
16  insert:  
17         Section 62.  Paragraph (b) of subsection (6) of section
18  627.410, Florida Statutes, is amended to read:
19         627.410  Filing, approval of forms.--
20         (6)
21         (b)  The department may establish by rule, for each
22  type of health insurance form, procedures to be used in
23  ascertaining the reasonableness of benefits in relation to
24  premium rates and may, by rule, exempt from any requirement of
25  paragraph (a) any health insurance policy form or type thereof
26  (as specified in such rule) to which form or type such
27  requirements may not be practically applied or to which form
28  or type the application of such requirements is not desirable
29  or necessary for the protection of the public. A law
30  restricting or limiting deductibles, coinsurance, copayments,
31  or annual or lifetime maximum payments shall not apply to any
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    5:59 PM   04/29/03                              s2750c1c-241aa

SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 290810 1 health plan policy offered or delivered to an individual or to 2 a group of 51 or more persons that provides coverage as 3 described in s. 627.6561(5)(a)2. With respect to any health 4 insurance policy form or type thereof which is exempted by 5 rule from any requirement of paragraph (a), premium rates 6 filed pursuant to ss. 627.640 and 627.662 shall be for 7 informational purposes. 8 Section 63. Subsection (3) of section 627.6487, 9 Florida Statutes, is amended, and paragraph (c) is added to 10 subsection (4) of that section, to read: 11 627.6487 Guaranteed availability of individual health 12 insurance coverage to eligible individuals.-- 13 (3) For the purposes of this section, the term 14 "eligible individual" means an individual: 15 (a)1. For whom, as of the date on which the individual 16 seeks coverage under this section, the aggregate of the 17 periods of creditable coverage, as defined in s. 627.6561(5) 18 and (6), is 18 or more months; and 19 2.a. Whose most recent prior creditable coverage was 20 under a group health plan, governmental plan, or church plan, 21 or health insurance coverage offered in connection with any 22 such plan; or 23 b. Whose most recent prior creditable coverage was 24 under an individual plan issued in this state by a health 25 insurer or health maintenance organization, which coverage is 26 terminated due to the insurer or health maintenance 27 organization becoming insolvent or discontinuing the offering 28 of all individual coverage in the State of Florida, or due to 29 the insured no longer living in the service area in the State 30 of Florida of the insurer or health maintenance organization 31 that provides coverage through a network plan in the State of 2 5:59 PM 04/29/03 s2750c1c-241aa
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 290810 1 Florida; 2 (b) Who is not eligible for coverage under: 3 1. A group health plan, as defined in s. 2791 of the 4 Public Health Service Act; 5 2. A conversion policy or contract issued by an 6 authorized insurer or health maintenance organization under s. 7 627.6675 or s. 641.3921, respectively, offered to an 8 individual who is no longer eligible for coverage under either 9 an insured or self-insured group health employer plan or 10 group health insurance policy; 11 3. Part A or part B of Title XVIII of the Social 12 Security Act; or 13 4. A state plan under Title XIX of such act, or any 14 successor program, and does not have other health insurance 15 coverage; 16 (c) With respect to whom the most recent coverage 17 within the coverage period described in paragraph (a) was not 18 terminated based on a factor described in s. 627.6571(2)(a) or 19 (b), relating to nonpayment of premiums or fraud, unless such 20 nonpayment of premiums or fraud was due to acts of an employer 21 or person other than the individual; 22 (d) Who, having been offered the option of 23 continuation coverage under a COBRA continuation provision or 24 under s. 627.6692, elected such coverage; and 25 (e) Who, if the individual elected such continuation 26 provision, has exhausted such continuation coverage under such 27 provision or program. 28 (4) 29 (c) If the individual's most recent period of 30 creditable coverage was earned in a state other than this 31 state, an insurer issuing a policy that complies with 3 5:59 PM 04/29/03 s2750c1c-241aa
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 290810 1 paragraph (a) may impose a surcharge or charge a premium for 2 such policy equal to that permitted in the state in which such 3 creditable coverage was earned. 4 Section 64. Paragraph (c) of subsection (8) of section 5 627.6561, Florida Statutes, is amended to read: 6 627.6561 Preexisting conditions.-- 7 (8) 8 (c) The certification described in this section is a 9 written certification that must include: 10 1. The period of creditable coverage of the individual 11 under the policy and the coverage, if any, under such COBRA 12 continuation provision or continuation pursuant to s. 13 627.6692.; and 14 2. The waiting period, if any, imposed with respect to 15 the individual for any coverage under such policy. 16 3. A statement that the creditable coverage was 17 provided under a group health plan, a group or individual 18 health insurance policy, or a health maintenance organization 19 contract, the state in which such coverage was provided, and 20 whether or not such individual was eligible for a conversion 21 policy under such coverage. 22 Section 65. Subsection (6) of section 627.667, Florida 23 Statutes, is amended to read: 24 627.667 Extension of benefits.-- 25 (6) This section also applies to holders of group 26 certificates which are renewed, delivered, or issued for 27 delivery to residents of this state under group policies 28 effectuated or delivered outside this state, unless a 29 succeeding carrier under a group policy has agreed to assume 30 liability for the benefits. 31 Section 66. Paragraph (e) of subsection (5) of section 4 5:59 PM 04/29/03 s2750c1c-241aa
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 290810 1 627.6692, Florida Statutes, is amended to read: 2 627.6692 Florida Health Insurance Coverage 3 Continuation Act.-- 4 (5) CONTINUATION OF COVERAGE UNDER GROUP HEALTH 5 PLANS.-- 6 (e)1. A covered employee or other qualified 7 beneficiary who wishes continuation of coverage must pay the 8 initial premium and elect such continuation in writing to the 9 insurance carrier issuing the employer's group health plan 10 within 63 30 days after receiving notice from the insurance 11 carrier under paragraph (d). Subsequent premiums are due by 12 the grace period expiration date. The insurance carrier or 13 the insurance carrier's designee shall process all elections 14 promptly and provide coverage retroactively to the date 15 coverage would otherwise have terminated. The premium due 16 shall be for the period beginning on the date coverage would 17 have otherwise terminated due to the qualifying event. The 18 first premium payment must include the coverage paid to the 19 end of the month in which the first payment is made. After 20 the election, the insurance carrier must bill the qualified 21 beneficiary for premiums once each month, with a due date on 22 the first of the month of coverage and allowing a 30-day grace 23 period for payment. 24 2. Except as otherwise specified in an election, any 25 election by a qualified beneficiary shall be deemed to include 26 an election of continuation of coverage on behalf of any other 27 qualified beneficiary residing in the same household who would 28 lose coverage under the group health plan by reason of a 29 qualifying event. This subparagraph does not preclude a 30 qualified beneficiary from electing continuation of coverage 31 on behalf of any other qualified beneficiary. 5 5:59 PM 04/29/03 s2750c1c-241aa
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 290810 1 Section 67. Paragraphs (h) and (u) of subsection (3) 2 and paragraph (b) of subsection (6) of section 627.6699, 3 Florida Statutes, are amended to read: 627.6699 Employee 4 Health Care Access Act.-- 5 (3) DEFINITIONS.--As used in this section, the term: 6 (h) "Eligible employee" means an employee who works 7 full time, having a normal workweek of 25 or more hours and is 8 paid wages or a salary at least equal to the federal minimum 9 hourly wage applicable to such employee, and who has met any 10 applicable waiting-period requirements or other requirements 11 of this act. The term includes a self-employed individual, a 12 sole proprietor, a partner of a partnership, or an independent 13 contractor, if the sole proprietor, partner, or independent 14 contractor is included as an employee under a health benefit 15 plan of a small employer, but does not include a part-time, 16 temporary, or substitute employee. 17 (u) "Self-employed individual" means an individual or 18 sole proprietor who derives his or her income from a trade or 19 business carried on by the individual or sole proprietor which 20 necessitates that the individual file federal income tax 21 forms, with supporting schedules and accompanying income 22 reporting forms results in taxable income as indicated on IRS 23 Form 1040, schedule C or F, and which generated taxable income 24 in one of the 2 previous years. 25 (6) RESTRICTIONS RELATING TO PREMIUM RATES.-- 26 (b) For all small employer health benefit plans that 27 are subject to this section and are issued by small employer 28 carriers on or after January 1, 1994, premium rates for health 29 benefit plans subject to this section are subject to the 30 following: 31 1. Small employer carriers must use a modified 6 5:59 PM 04/29/03 s2750c1c-241aa
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 290810 1 community rating methodology in which the premium for each 2 small employer must be determined solely on the basis of the 3 eligible employee's and eligible dependent's gender, age, 4 family composition, tobacco use, or geographic area as 5 determined under paragraph (5)(j) and in which the premium may 6 be adjusted as permitted by this paragraph. 7 2. Rating factors related to age, gender, family 8 composition, tobacco use, or geographic location may be 9 developed by each carrier to reflect the carrier's experience. 10 The factors used by carriers are subject to department review 11 and approval. 12 3. Small employer carriers may not modify the rate for 13 a small employer for 12 months from the initial issue date or 14 renewal date, unless the composition of the group changes or 15 benefits are changed. However, a small employer carrier may 16 modify the rate one time prior to 12 months after the initial 17 issue date for a small employer who enrolls under a previously 18 issued group policy that has a common anniversary date for all 19 employers covered under the policy if: 20 a. The carrier discloses to the employer in a clear 21 and conspicuous manner the date of the first renewal and the 22 fact that the premium may increase on or after that date. 23 b. The insurer demonstrates to the department that 24 efficiencies in administration are achieved and reflected in 25 the rates charged to small employers covered under the policy. 26 4. A carrier may issue a group health insurance policy 27 to a small employer health alliance or other group association 28 with rates that reflect a premium credit for expense savings 29 attributable to administrative activities being performed by 30 the alliance or group association if such expense savings are 31 specifically documented in the insurer's rate filing and are 7 5:59 PM 04/29/03 s2750c1c-241aa
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 290810 1 approved by the department. Any such credit may not be based 2 on different morbidity assumptions or on any other factor 3 related to the health status or claims experience of any 4 person covered under the policy. Nothing in this subparagraph 5 exempts an alliance or group association from licensure for 6 any activities that require licensure under the insurance 7 code. A carrier issuing a group health insurance policy to a 8 small employer health alliance or other group association 9 shall allow any properly licensed and appointed agent of that 10 carrier to market and sell the small employer health alliance 11 or other group association policy. Such agent shall be paid 12 the usual and customary commission paid to any agent selling 13 the policy. 14 5. Any adjustments in rates for claims experience, 15 health status, or duration of coverage may not be charged to 16 individual employees or dependents. For a small employer's 17 policy, such adjustments may not result in a rate for the 18 small employer which deviates more than 15 percent from the 19 carrier's approved rate. Any such adjustment must be applied 20 uniformly to the rates charged for all employees and 21 dependents of the small employer. A small employer carrier may 22 make an adjustment to a small employer's renewal premium, not 23 to exceed 10 percent annually, due to the claims experience, 24 health status, or duration of coverage of the employees or 25 dependents of the small employer. Semiannually, small group 26 carriers shall report information on forms adopted by rule by 27 the department, to enable the department to monitor the 28 relationship of aggregate adjusted premiums actually charged 29 policyholders by each carrier to the premiums that would have 30 been charged by application of the carrier's approved modified 31 community rates. If the aggregate resulting from the 8 5:59 PM 04/29/03 s2750c1c-241aa
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 290810 1 application of such adjustment exceeds the premium that would 2 have been charged by application of the approved modified 3 community rate by 5 percent for the current reporting period, 4 the carrier shall limit the application of such adjustments 5 only to minus adjustments beginning not more than 60 days 6 after the report is sent to the department. For any subsequent 7 reporting period, if the total aggregate adjusted premium 8 actually charged does not exceed the premium that would have 9 been charged by application of the approved modified community 10 rate by 5 percent, the carrier may apply both plus and minus 11 adjustments. A small employer carrier may provide a credit to 12 a small employer's premium based on administrative and 13 acquisition expense differences resulting from the size of the 14 group. Group size administrative and acquisition expense 15 factors may be developed by each carrier to reflect the 16 carrier's experience and are subject to department review and 17 approval. 18 6. A small employer carrier rating methodology may 19 include separate rating categories for one dependent child, 20 for two dependent children, and for three or more dependent 21 children for family coverage of employees having a spouse and 22 dependent children or employees having dependent children 23 only. A small employer carrier may have fewer, but not 24 greater, numbers of categories for dependent children than 25 those specified in this subparagraph. 26 7. Small employer carriers may not use a composite 27 rating methodology to rate a small employer with fewer than 10 28 employees. For the purposes of this subparagraph, a "composite 29 rating methodology" means a rating methodology that averages 30 the impact of the rating factors for age and gender in the 31 premiums charged to all of the employees of a small employer. 9 5:59 PM 04/29/03 s2750c1c-241aa
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 290810 1 8.a. A carrier may separate the experience of small 2 employer groups with less than 2 eligible employees from the 3 experience of small employer groups with 2-50 eligible 4 employees for purposes of determining an alternative modified 5 community rating. 6 b. If a carrier separates the experience of small 7 employer groups as provided in sub-subparagraph a., the rate 8 to be charged to small employer groups of less than 2 eligible 9 employees may not exceed 150 percent of the rate determined 10 for small employer groups of 2-50 eligible employees. However, 11 the carrier may charge excess losses of the experience pool 12 consisting of small employer groups with less than 2 eligible 13 employees to the experience pool consisting of small employer 14 groups with 2-50 eligible employees so that all losses are 15 allocated and the 150-percent rate limit on the experience 16 pool consisting of small employer groups with less than 2 17 eligible employees is maintained. Notwithstanding s. 18 627.411(1), the rate to be charged to a small employer group 19 of fewer than 2 eligible employees, insured as of July 1, 20 2002, may be up to 125 percent of the rate determined for 21 small employer groups of 2-50 eligible employees for the first 22 annual renewal and 150 percent for subsequent annual renewals. 23 9. In addition to the separation allowed under 24 sub-subparagraph 8.a., a carrier may also separate the 25 experience of small employer groups of 1-50 eligible employees 26 using a health reimbursement arrangement, as defined in 27 Internal Revenue Service Notice 2002-45, 2002-28 Internal 28 Revenue Bulletin 93, and Revenue Ruling 2002-41, 2002-28 29 Internal Revenue Bulletin 75, from the experience of small 30 employer groups of 1-50 eligible employees not using such a 31 health reimbursement arrangement for purposes of determining 10 5:59 PM 04/29/03 s2750c1c-241aa
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 290810 1 an alternative modified community rating. 2 Section 68. Subsection (2) and paragraph (d) of 3 subsection (3) of section 641.31, Florida Statutes, are 4 amended to read: 5 641.31 Health maintenance contracts.-- 6 (2) The rates charged by any health maintenance 7 organization to its subscribers shall not be excessive, 8 inadequate, or unfairly discriminatory or follow a rating 9 methodology that is inconsistent, indeterminate, or ambiguous 10 or encourages misrepresentation or misunderstanding. A law 11 restricting or limiting deductibles, coinsurance, copayments, 12 or annual or lifetime maximum payments shall not apply to any 13 health maintenance organization contract offered or delivered 14 to an individual or a group of 51 or more persons that 15 provides coverage as described in s. 641.31071(5)(a)2. The 16 department, in accordance with generally accepted actuarial 17 practice as applied to health maintenance organizations, may 18 define by rule what constitutes excessive, inadequate, or 19 unfairly discriminatory rates and may require whatever 20 information it deems necessary to determine that a rate or 21 proposed rate meets the requirements of this subsection. 22 (3) 23 (d) Any change in rates charged for the contract must 24 be filed with the department not less than 30 days in advance 25 of the effective date. At the expiration of such 30 days, the 26 rate filing shall be deemed approved unless prior to such time 27 the filing has been affirmatively approved or disapproved by 28 order of the department. The approval of the filing by the 29 department constitutes a waiver of any unexpired portion of 30 such waiting period. The department may extend by not more 31 than an additional 15 days the period within which it may so 11 5:59 PM 04/29/03 s2750c1c-241aa
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 290810 1 affirmatively approve or disapprove any such filing, by giving 2 notice of such extension before expiration of the initial 3 30-day period. At the expiration of any such period as so 4 extended, and in the absence of such prior affirmative 5 approval or disapproval, any such filing shall be deemed 6 approved. This paragraph does not apply to group health 7 contracts effectuated and delivered in this state insuring 8 groups of 51 or more persons, except for Medicare supplement 9 insurance, long-term care insurance, and any coverage under 10 which the increase in claims costs over the lifetime of the 11 contract due to advancing age or duration is refunded in the 12 premium. 13 Section 69. Subsection (22) is added to section 14 641.19, Florida Statutes, to read: 15 641.19 Definitions.--As used in this part, the term: 16 (22) "Specialty" or "specialist" shall not include the 17 services by a physician licensed under chapter 460. 18 Section 70. If any provision of this act or the 19 application thereof to any person or circumstance is held 20 invalid, the invalidity does not affect other provisions or 21 applications of this act which can be given effect without the 22 invalid provision or application, and to this end the 23 provisions of this act are declared severable. 24 25 (Redesignate subsequent sections.) 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 On page 8, line 30, following the semicolon 31 12 5:59 PM 04/29/03 s2750c1c-241aa
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 290810 1 insert: 2 amending s. 627.410, F.S.; exempting 3 individuals and certain groups from laws 4 restricting or limiting coinsurance, 5 copayments, or annual or lifetime maximum 6 payments; amending s. 627.6487, F.S.; revising 7 a definition of "eligible individual" for 8 purposes of availability of individual health 9 insurance coverage; authorizing insurers to 10 impose certain surcharges or premium charges 11 for creditable coverage earned in certain 12 states; amending s. 627.6561, F.S.; requiring 13 additional information in a certification 14 relating to certain creditable coverage for 15 purposes of eligibility for exclusion from 16 preexisting condition requirements; amending s. 17 627.667, F.S.; deleting a limitation on certain 18 application of extension of benefits 19 provisions; amending s. 627.6692, F.S.; 20 extending a time period for continuation of 21 certain coverage under group health plans; 22 amending s. 627.6699, F.S.; revising certain 23 definitions; authorizing separation of 24 experience of certain small employer groups for 25 certain purposes; amending s. 641.31, F.S.; 26 specifying nonapplication of certain health 27 maintenance contract filing requirements to 28 certain group health insurance policies, with 29 exceptions; amending s. 641.19, F.S.; defining 30 the term "specialty" or "specialist" to exclude 31 services by a chiropractic physician; providing 13 5:59 PM 04/29/03 s2750c1c-241aa
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 290810 1 severability; 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 14 5:59 PM 04/29/03 s2750c1c-241aa