HOUSE AMENDMENT Bill No. HB 999 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Negron offered the following:
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14	Amendment (with directory and title amendments)
15	Remove line(s) 27 and 28, and insert:
16	Section 1. Paragraph (g) of subsection (1) of section
17	626.9541, Florida Statutes, is amended to read:
18	626.9541 Unfair methods of competition and unfair or
19	deceptive acts or practices defined.--
20	(1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
21	ACTS.--The following are defined as unfair methods of
22	competition and unfair or deceptive acts or practices:
23	(g) Unfair discrimination.--
24	1. Knowingly making or permitting any unfair
25	discrimination between individuals of the same actuarially
26	supportable class and equal expectation of life, in the rates
27	charged for any life insurance or annuity contract, in the
28	dividends or other benefits payable thereon, or in any other of
29	the terms and conditions of such contract.
30	2. Knowingly making or permitting any unfair
31	discrimination between individuals of the same actuarially
32	supportable class, as determined at the original time of
33	issuance of the coverage,and essentially the same hazard, in
34	the amount of premium, policy fees, or rates charged for any
35	policy or contract of accident, disability, or health insurance,
36	in the benefits payable thereunder, in any of the terms or
37	conditions of such contract, or in any other manner whatever.
38	Unfair discrimination includes predatory pricing structures
39	which result or are reasonably expected to result in rate
40	escalations resulting in a death spiral, which is a rate
41	escalation caused by segmenting healthy and unhealthy lives
42	resulting in an ultimate pool of primarily less healthy
43	insureds. An annual rate increase less than or equal to 10
44	percent or 150 of medical trend, whichever is greater or an
45	increase approved by the Office of Insurance Regulation, will
46	not be considered a predatory price increase. The Financial
47	Services Commission may, by rule, define other unfairly
48	discriminatory or predatory health insurance rating practices.
49	3. For a health insurer, life insurer, disability insurer,
50	property and casualty insurer, automobile insurer, or managed
51	care provider to underwrite a policy, or refuse to issue,
52	reissue, or renew a policy, refuse to pay a claim, cancel or
53	otherwise terminate a policy, or increase rates based upon the
54	fact that an insured or applicant who is also the proposed
55	insured has made a claim or sought or should have sought medical
56	or psychological treatment in the past for abuse, protection
57	from abuse, or shelter from abuse, or that a claim was caused in
58	the past by, or might occur as a result of, any future assault,
59	battery, or sexual assault by a family or household member upon
60	another family or household member as defined in s. 741.28. A
61	health insurer, life insurer, disability insurer, or managed
62	care provider may refuse to underwrite, issue, or renew a policy
63	based on the applicant's medical condition, but shall not
64	consider whether such condition was caused by an act of abuse.
65	For purposes of this section, the term "abuse" means the
66	occurrence of one or more of the following acts:
67	a. Attempting or committing assault, battery, sexual
68	assault, or sexual battery;
69	b. Placing another in fear of imminent serious bodily
70	injury by physical menace;
71	c. False imprisonment;
72	d. Physically or sexually abusing a minor child; or
73	e. An act of domestic violence as defined in s. 741.28.
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75	This subparagraph does not prohibit a property and casualty
76	insurer or an automobile insurer from excluding coverage for
77	intentional acts by the insured if such exclusion does not
78	constitute an act of unfair discrimination as defined in this
79	paragraph.
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81	============= D I R E C T O R Y A M E N D M E N T =============
82	Remove line(s) , and insert:
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86	================= T I T L E A M E N D M E N T =================
87	Remove line(s) 11, and insert:
88	An act relating to health insurance; amending s. 626.9541, F.S.;
89	revising a definition of unfair discrimination for purposes of
90	unfair methods of competition and unfair or deceptive acts or
91	practices; authorizing the Financial Services Commission to
92	define, by rule, certain health insurance rating practices as
93	unfairly discriminatory or predatory; amending s. 627.410,