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 title amendment)
15	Between lines 27 and 28, insert:
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17	Section 1. Paragraph (g) of subsection (1) of section
18	626.9541, Florida Statutes, is amended to read:
19	626.9541 Unfair methods of competition and unfair or
20	deceptive acts or practices defined.--
21	(1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
22	ACTS.--The following are defined as unfair methods of
23	competition and unfair or deceptive acts or practices:
24	(g) Unfair discrimination.--
25	1. Knowingly making or permitting any unfair
26	discrimination between individuals of the same actuarially
27	supportable class and equal expectation of life, in the rates
28	charged for any life insurance or annuity contract, in the
29	dividends or other benefits payable thereon, or in any other of
30	the terms and conditions of such contract.
31	2. Knowingly making or permitting any unfair
32	discrimination between individuals of the same actuarially
33	supportable class, as determined at the original time of
34	issuance of the coverage,and essentially the same hazard, in
35	the amount of premium, policy fees, or rates charged for any
36	policy or contract of accident, disability, or health insurance,
37	in the benefits payable thereunder, in any of the terms or
38	conditions of such contract, or in any other manner whatever.
39	Unfair discrimination includes predatory pricing structures
40	which result or are reasonably expected to result in rate
41	escalations resulting in a death spiral, which is a rate
42	escalation caused by segmenting healthy and unhealthy lives
43	resulting in an ultimate pool of primarily less healthy
44	insureds. The Financial Services Commission may, by rule, define
45	other unfairly discriminatory or predatory health insurance
46	rating practices.
47	3. For a health insurer, life insurer, disability insurer,
48	property and casualty insurer, automobile insurer, or managed
49	care provider to underwrite a policy, or refuse to issue,
50	reissue, or renew a policy, refuse to pay a claim, cancel or
51	otherwise terminate a policy, or increase rates based upon the
52	fact that an insured or applicant who is also the proposed
53	insured has made a claim or sought or should have sought medical
54	or psychological treatment in the past for abuse, protection
55	from abuse, or shelter from abuse, or that a claim was caused in
56	the past by, or might occur as a result of, any future assault,
57	battery, or sexual assault by a family or household member upon
58	another family or household member as defined in s. 741.28. A
59	health insurer, life insurer, disability insurer, or managed
60	care provider may refuse to underwrite, issue, or renew a policy
61	based on the applicant's medical condition, but shall not
62	consider whether such condition was caused by an act of abuse.
63	For purposes of this section, the term "abuse" means the
64	occurrence of one or more of the following acts:
65	a. Attempting or committing assault, battery, sexual
66	assault, or sexual battery;
67	b. Placing another in fear of imminent serious bodily
68	injury by physical menace;
69	c. False imprisonment;
70	d. Physically or sexually abusing a minor child; or
71	e. An act of domestic violence as defined in s. 741.28.
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73	This subparagraph does not prohibit a property and casualty
74	insurer or an automobile insurer from excluding coverage for
75	intentional acts by the insured if such exclusion does not
76	constitute an act of unfair discrimination as defined in this
77	paragraph.
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79	================= T I T L E A M E N D M E N T =================
80	Remove line(s) 11, and insert:
81	An act relating to health insurance; amending s. 626.9541, F.S.;
82	revising a definition of unfair discrimination; authorizing the
83	Financial Services Commission to define certain health insurance
84	rating practices as unfairly discriminatory or predatory, by
85	rule; amending s. 627.410,