HOUSE AMENDMENT
Bill No. HB 999 CS
   
1 CHAMBER ACTION
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Senate House
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12          Representative Negron offered the following:
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14          Amendment (with title amendment)
15          Between lines 327 and 328, insert:
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17          Section 3. Subsection (2) and paragraph (d) of subsection
18    (3) of section 641.31, Florida Statutes, are amended to read:
19          641.31 Health maintenance contracts.--
20          (2) The rates charged by any health maintenance
21    organization to its subscribers shall not be excessive,
22    inadequate, or unfairly discriminatory or follow a rating
23    methodology that is inconsistent, indeterminate, or ambiguous or
24    encourages misrepresentation or misunderstanding. A law
25    restricting or limiting deductibles, coinsurance, copayments, or
26    annual or lifetime maximum payments shall not apply to any
27    health maintenance organization contract offered or delivered to
28    an individual or a group of 51 or more persons that provides
29    coverage as described in s.641.31071(5)(a)2.department, in
30    accordance with generally accepted actuarial practice as applied
31    to health maintenance organizations, may define by rule what
32    constitutes excessive, inadequate, or unfairly discriminatory
33    rates and may require whatever information it deems necessary to
34    determine that a rate or proposed rate meets the requirements of
35    this subsection.
36          (3)
37          (d) Any change in rates charged for the contract must be
38    filed with the department not less than 30 days in advance of
39    the effective date. At the expiration of such 30 days, the rate
40    filing shall be deemed approved unless prior to such time the
41    filing has been affirmatively approved or disapproved by order
42    of the department. The approval of the filing by the department
43    constitutes a waiver of any unexpired portion of such waiting
44    period. The department may extend by not more than an additional
45    15 days the period within which it may so affirmatively approve
46    or disapprove any such filing, by giving notice of such
47    extension before expiration of the initial 30-day period. At the
48    expiration of any such period as so extended, and in the absence
49    of such prior affirmative approval or disapproval, any such
50    filing shall be deemed approved. This paragraph does not apply
51    to group health contracts effectuated and delivered in this
52    state insuring groups of 51 or more persons, except for Medicare
53    supplement insurance, long-term care insurance, and any coverage
54    under which the increase in claims costs over the lifetime of
55    the contract due to advancing age or duration is refunded in the
56    premium.
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59    ================= T I T L E A M E N D M E N T =================
60          Remove line(s) 24, and insert:
61          circumstances; amending s. 641.31, F.S.; specifying
62    nonapplication of certain health maintenance contract filing
63    requirements to certain group health insurance policies, with
64    exceptions; providing an effective date.