Senate Bill sb1660c1

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    Florida Senate - 2005                           CS for SB 1660

    By the Committee on Banking and Insurance; and Senators
    Fasano, Lawson and Baker




    597-2094-05

  1                      A bill to be entitled

  2         An act relating to health insurance; amending

  3         s. 408.05, F.S.; changing the due date for a

  4         report from the Agency for Health Care

  5         Administration regarding the State Center for

  6         Health Statistics; amending s. 408.909, F.S.;

  7         providing an additional criterion for the

  8         Office of Insurance Regulation to disapprove or

  9         withdraw approval of health flex plans;

10         amending s. 627.413, F.S.; authorizing insurers

11         and health maintenance organizations to offer

12         policies or contracts providing for a

13         high-deductible plan meeting federal

14         requirements and in conjunction with a health

15         savings account; amending s. 627.6487, F.S.;

16         revising the definition of the term "eligible

17         individual" for purposes of obtaining coverage

18         in the Florida Health Insurance Plan; amending

19         s. 627.64872, F.S.; revising definitions;

20         changing references to the Director of the

21         Office of Insurance Regulation to the

22         Commissioner of Insurance Regulation; deleting

23         obsolete language; providing additional

24         eligibility criteria; reducing premium rate

25         limitations; revising requirements for sources

26         of additional revenue; authorizing the board to

27         cancel policies under inadequate funding

28         conditions; providing a limitation; specifying

29         a maximum provider reimbursement rate;

30         requiring licensed providers to accept

31         assignment of plan benefits and consider

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    Florida Senate - 2005                           CS for SB 1660
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 1         certain payments as payments in full; amending

 2         s. 627.65626, F.S.; providing insurance rebates

 3         for healthy lifestyles; amending s. 627.6692,

 4         F.S.; extending a time period within which

 5         eligible employees may apply for continuation

 6         of coverage; amending s. 627.6699, F.S.;

 7         revising standards for determining

 8         applicability of the Employee Health Care

 9         Access Act; prescribing acts that may be

10         performed by an employer without being

11         considered contributing to premiums or

12         facilitating administration of a policy;

13         authorizing certain carriers to offer coverage

14         to certain employees without being subject to

15         the act under certain circumstances; requiring

16         a carrier who offers such coverage to provide

17         notice to the primary insured prior to

18         cancellation for nonpayment of premium;

19         revising an availability of coverage provision

20         of the Employee Health Care Access Act;

21         including high-deductible plans meeting federal

22         health savings account plan requirements;

23         revising membership of the board of the small

24         employer health reinsurance program; revising

25         certain reporting dates relating to program

26         losses and assessments; requiring the board to

27         advise executive and legislative entities on

28         health insurance issues; providing

29         requirements; amending s. 641.27, F.S.;

30         increasing the interval at which the office

31         examines health maintenance organizations;

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    Florida Senate - 2005                           CS for SB 1660
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 1         deleting authorization for the office to accept

 2         an audit report from a certified public

 3         accountant in lieu of conducting its own

 4         examination; increasing an expense limitation;

 5         amending s. 641.31, F.S.; providing for an

 6         insurance rebate for members in a health

 7         wellness program; providing for the rebate to

 8         cease under certain conditions; creating a

 9         high-deductible health insurance plan study

10         group; specifying membership; requiring the

11         study group to investigate certain issues

12         relating to high-deductible health insurance

13         plans; requiring the group to meet and submit

14         recommendations to the Governor and

15         Legislature; repealing s. 627.6402, F.S.,

16         relating to authorized insurance rebates for

17         healthy lifestyles; providing application;

18         providing an appropriation; providing an

19         effective date.

20  

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

22  

23         Section 1.  Paragraph (l) of subsection (3) of section

24  408.05, Florida Statutes, is amended to read:

25         408.05  State Center for Health Statistics.--

26         (3)  COMPREHENSIVE HEALTH INFORMATION SYSTEM.--In order

27  to produce comparable and uniform health information and

28  statistics, the agency shall perform the following functions:

29         (l)  Develop, in conjunction with the State

30  Comprehensive Health Information System Advisory Council, and

31  implement a long-range plan for making available performance

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    Florida Senate - 2005                           CS for SB 1660
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 1  outcome and financial data that will allow consumers to

 2  compare health care services. The performance outcomes and

 3  financial data the agency must make available shall include,

 4  but is not limited to, pharmaceuticals, physicians, health

 5  care facilities, and health plans and managed care entities.

 6  The agency shall submit the initial plan to the Governor, the

 7  President of the Senate, and the Speaker of the House of

 8  Representatives by January March 1, 2006 2005, and shall

 9  update the plan and report on the status of its implementation

10  annually thereafter. The agency shall also make the plan and

11  status report available to the public on its Internet website.

12  As part of the plan, the agency shall identify the process and

13  timeframes for implementation, any barriers to implementation,

14  and recommendations of changes in the law that may be enacted

15  by the Legislature to eliminate the barriers. As preliminary

16  elements of the plan, the agency shall:

17         1.  Make available performance outcome and patient

18  charge data collected from health care facilities pursuant to

19  s. 408.061(1)(a) and (2). The agency shall determine which

20  conditions and procedures, performance outcomes, and patient

21  charge data to disclose based upon input from the council.

22  When determining which conditions and procedures are to be

23  disclosed, the council and the agency shall consider variation

24  in costs, variation in outcomes, and magnitude of variations

25  and other relevant information. When determining which

26  performance outcomes to disclose, the agency:

27         a.  Shall consider such factors as volume of cases;

28  average patient charges; average length of stay; complication

29  rates; mortality rates; and infection rates, among others,

30  which shall be adjusted for case mix and severity, if

31  applicable.

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    Florida Senate - 2005                           CS for SB 1660
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 1         b.  May consider such additional measures that are

 2  adopted by the Centers for Medicare and Medicaid Studies,

 3  National Quality Forum, the Joint Commission on Accreditation

 4  of Healthcare Organizations, the Agency for Healthcare

 5  Research and Quality, or a similar national entity that

 6  establishes standards to measure the performance of health

 7  care providers, or by other states.

 8  

 9  When determining which patient charge data to disclose, the

10  agency shall consider such measures as average charge, average

11  net revenue per adjusted patient day, average cost per

12  adjusted patient day, and average cost per admission, among

13  others.

14         2.  Make available performance measures, benefit

15  design, and premium cost data from health plans licensed

16  pursuant to chapter 627 or chapter 641. The agency shall

17  determine which performance outcome and member and subscriber

18  cost data to disclose, based upon input from the council. When

19  determining which data to disclose, the agency shall consider

20  information that may be required by either individual or group

21  purchasers to assess the value of the product, which may

22  include membership satisfaction, quality of care, current

23  enrollment or membership, coverage areas, accreditation

24  status, premium costs, plan costs, premium increases, range of

25  benefits, copayments and deductibles, accuracy and speed of

26  claims payment, credentials of physicians, number of

27  providers, names of network providers, and hospitals in the

28  network. Health plans shall make available to the agency any

29  such data or information that is not currently reported to the

30  agency or the office.

31  

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    Florida Senate - 2005                           CS for SB 1660
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 1         3.  Determine the method and format for public

 2  disclosure of data reported pursuant to this paragraph. The

 3  agency shall make its determination based upon input from the

 4  Comprehensive Health Information System Advisory Council. At a

 5  minimum, the data shall be made available on the agency's

 6  Internet website in a manner that allows consumers to conduct

 7  an interactive search that allows them to view and compare the

 8  information for specific providers. The website must include

 9  such additional information as is determined necessary to

10  ensure that the website enhances informed decisionmaking among

11  consumers and health care purchasers, which shall include, at

12  a minimum, appropriate guidance on how to use the data and an

13  explanation of why the data may vary from provider to

14  provider. The data specified in subparagraph 1. shall be

15  released no later than March 1, 2005. The data specified in

16  subparagraph 2. shall be released no later than March 1, 2006.

17         Section 2.  Paragraph (b) of subsection (3) of section

18  408.909, Florida Statutes, is amended to read:

19         408.909  Health flex plans.--

20         (3)  PROGRAM.--The agency and the office shall each

21  approve or disapprove health flex plans that provide health

22  care coverage for eligible participants. A health flex plan

23  may limit or exclude benefits otherwise required by law for

24  insurers offering coverage in this state, may cap the total

25  amount of claims paid per year per enrollee, may limit the

26  number of enrollees, or may take any combination of those

27  actions. A health flex plan offering may include the option of

28  a catastrophic plan supplementing the health flex plan.

29         (b)  The office shall develop guidelines for the review

30  of health flex plan applications and provide regulatory

31  oversight of health flex plan advertisement and marketing

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    Florida Senate - 2005                           CS for SB 1660
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 1  procedures. The office shall disapprove or shall withdraw

 2  approval of plans that:

 3         1.  Contain any ambiguous, inconsistent, or misleading

 4  provisions or any exceptions or conditions that deceptively

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

 6  general coverage provided by the health flex plan;

 7         2.  Provide benefits that are unreasonable in relation

 8  to the premium charged or contain provisions that are unfair

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

10  that encourage misrepresentation, or that result in unfair

11  discrimination in sales practices; or

12         3.  Cannot demonstrate that the health flex plan is

13  financially sound and that the applicant is able to underwrite

14  or finance the health care coverage provided; or

15         4.  Cannot demonstrate that the applicant and its

16  management are in compliance with the standards required under

17  s. 624.404(3).

18         Section 3.  Subsection (6) is added to section 627.413,

19  Florida Statutes, to read:

20         627.413  Contents of policies, in general;

21  identification.--

22         (6)  Notwithstanding any other provision of the Florida

23  Insurance Code that is in conflict with federal requirements

24  for a health savings account qualified high-deductible health

25  plan, an insurer, or a health maintenance organization subject

26  to part I of chapter 641, which is authorized to issue health

27  insurance in this state may offer for sale an individual or

28  group policy or contract that provides for a high-deductible

29  plan that meets the federal requirements of a health savings

30  account plan and which is offered in conjunction with a health

31  savings account.

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    Florida Senate - 2005                           CS for SB 1660
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 1         Section 4.  Paragraph (b) of subsection (3) of section

 2  627.6487, Florida Statutes, is amended to read:

 3         627.6487  Guaranteed availability of individual health

 4  insurance coverage to eligible individuals.--

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

 6  "eligible individual" means an individual:

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

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

 9  Public Health Service Act;

10         2.  A conversion policy or contract issued by an

11  authorized insurer or health maintenance organization under s.

12  627.6675 or s. 641.3921, respectively, offered to an

13  individual who is no longer eligible for coverage under either

14  an insured or self-insured employer plan;

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

16  Security Act; or

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

18  successor program, and does not have other health insurance

19  coverage; or

20         5.  The Florida Health Insurance Plan as specified in

21  s. 627.64872 and such plan is accepting new enrollments.

22  However, a person whose previous coverage was under the

23  Florida Health Insurance Plan as specified in s. 627.64872 is

24  not an eligible individual as defined in s. 627.6487(3)(a).

25         Section 5.  Paragraphs (b), (c), and (n) of subsection

26  (2) and subsections (3), (6), (9), and (15) of section

27  627.64872, Florida Statutes, are amended, subsection (20) of

28  that section is renumbered as subsection (21), and a new

29  subsection (20) is added to that section, to read:

30         627.64872  Florida Health Insurance Plan.--

31         (2)  DEFINITIONS.--As used in this section:

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    Florida Senate - 2005                           CS for SB 1660
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 1         (b)  "Commissioner" means the Commissioner of Insurance

 2  Regulation.

 3         (c)  "Dependent" means a resident spouse or resident

 4  unmarried child under the age of 19 years, a child who is a

 5  student under the age of 25 years and who is financially

 6  dependent upon the parent, or a child of any age who is

 7  disabled and dependent upon the parent.

 8         (c)  "Director" means the Director of the Office of

 9  Insurance Regulation.

10         (n)  "Resident" means an individual who has been

11  legally domiciled in this state for a period of at least 6

12  months and who physically resides in this state not less than

13  185 days per year.

14         (3)  BOARD OF DIRECTORS.--

15         (a)  The plan shall operate subject to the supervision

16  and control of the board. The board shall consist of the

17  commissioner director or his or her designated representative,

18  who shall serve as a member of the board and shall be its

19  chair, and an additional eight members, five of whom shall be

20  appointed by the Governor, at least two of whom shall be

21  individuals not representative of insurers or health care

22  providers, one of whom shall be appointed by the President of

23  the Senate, one of whom shall be appointed by the Speaker of

24  the House of Representatives, and one of whom shall be

25  appointed by the Chief Financial Officer.

26         (b)  The term to be served on the board by the

27  commissioner Director of the Office of Insurance Regulation

28  shall be determined by continued employment in such position.

29  The remaining initial board members shall serve for a period

30  of time as follows: two members appointed by the Governor and

31  the members appointed by the President of the Senate and the

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    Florida Senate - 2005                           CS for SB 1660
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 1  Speaker of the House of Representatives shall serve a term of

 2  2 years; and three members appointed by the Governor and the

 3  Chief Financial Officer shall serve a term of 4 years.

 4  Subsequent board members shall serve for a term of 3 years. A

 5  board member's term shall continue until his or her successor

 6  is appointed.

 7         (c)  Vacancies on the board shall be filled by the

 8  appointing authority, such authority being the Governor, the

 9  President of the Senate, the Speaker of the House of

10  Representatives, or the Chief Financial Officer. The

11  appointing authority may remove board members for cause.

12         (d)  The commissioner director, or his or her

13  recognized representative, shall be responsible for any

14  organizational requirements necessary for the initial meeting

15  of the board which shall take place no later than September 1,

16  2004.

17         (e)  Members shall not be compensated in their capacity

18  as board members but shall be reimbursed for reasonable

19  expenses incurred in the necessary performance of their duties

20  in accordance with s. 112.061.

21         (f)  The board shall submit to the Financial Services

22  Commission a plan of operation for the plan and any amendments

23  thereto necessary or suitable to ensure the fair, reasonable,

24  and equitable administration of the plan. The plan of

25  operation shall ensure that the plan qualifies to apply for

26  any available funding from the Federal Government that adds to

27  the financial viability of the plan. The plan of operation

28  shall become effective upon approval in writing by the

29  Financial Services Commission consistent with the date on

30  which the coverage under this section must be made available.

31  If the board fails to submit a suitable plan of operation

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 1  within 1 year after implementation the appointment of the

 2  board of directors, or at any time thereafter fails to submit

 3  suitable amendments to the plan of operation, the Financial

 4  Services Commission shall adopt such rules as are necessary or

 5  advisable to effectuate the provisions of this section. Such

 6  rules shall continue in force until modified by the office or

 7  superseded by a plan of operation submitted by the board and

 8  approved by the Financial Services Commission.

 9         (6)  INTERIM REPORT; ANNUAL REPORT.--

10         (a)  By no later than December 1, 2004, the board shall

11  report to the Governor, the President of the Senate, and the

12  Speaker of the House of Representatives the results of an

13  actuarial study conducted by the board to determine,

14  including, but not limited to:

15         1.  The impact the creation of the plan will have on

16  the small group insurance market and the individual market on

17  premiums paid by insureds. This shall include an estimate of

18  the total anticipated aggregate savings for all small

19  employers in the state.

20         2.  The number of individuals the pool could reasonably

21  cover at various funding levels, specifically, the number of

22  people the pool may cover at each of those funding levels.

23         3.  A recommendation as to the best source of funding

24  for the anticipated deficits of the pool.

25         4.  The effect on the individual and small group market

26  by including in the Florida Health Insurance Plan persons

27  eligible for coverage under s. 627.6487, as well as the cost

28  of including these individuals.

29  

30  The board shall take no action to implement the Florida Health

31  Insurance Plan, other than the completion of the actuarial

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 1  study authorized in this paragraph, until funds are

 2  appropriated for startup cost and any projected deficits.

 3         (b)  No later than December 1, 2005, and annually

 4  thereafter, the board shall submit to the Governor, the

 5  President of the Senate, the Speaker of the House of

 6  Representatives, and the substantive legislative committees of

 7  the Legislature a report which includes an independent

 8  actuarial study to determine, including, but not be limited

 9  to:

10         (a)1.  The impact the creation of the plan has on the

11  small group and individual insurance market, specifically on

12  the premiums paid by insureds. This shall include an estimate

13  of the total anticipated aggregate savings for all small

14  employers in the state.

15         (b)2.  The actual number of individuals covered at the

16  current funding and benefit level, the projected number of

17  individuals that may seek coverage in the forthcoming fiscal

18  year, and the projected funding needed to cover anticipated

19  increase or decrease in plan participation.

20         3.  A recommendation as to the best source of funding

21  for the anticipated deficits of the pool.

22         (c)4.  A summarization of the activities of the plan in

23  the preceding calendar year, including the net written and

24  earned premiums, plan enrollment, the expense of

25  administration, and the paid and incurred losses.

26         (d)5.  A review of the operation of the plan as to

27  whether the plan has met the intent of this section.

28         (9)  ELIGIBILITY.--

29         (a)  Any individual person who is and continues to be a

30  resident of this state shall be eligible for coverage under

31  the plan if:

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    Florida Senate - 2005                           CS for SB 1660
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 1         1.  Evidence is provided that the person received

 2  notices of rejection or refusal to issue substantially similar

 3  coverage for health reasons from at least two health insurers

 4  or health maintenance organizations. A rejection or refusal by

 5  an insurer offering only stop-loss, excess of loss, or

 6  reinsurance coverage with respect to the applicant shall not

 7  be sufficient evidence under this paragraph;.

 8         2.  The person is enrolled in the Florida Comprehensive

 9  Health Association as of the date the plan is implemented; or.

10         3.  Is an eligible individual as defined in s.

11  627.6487(3), excluding s. 627.6487(3)(b)5.

12         (b)  Each resident dependent of a person who is

13  eligible for coverage under the plan shall also be eligible

14  for such coverage.

15         (c)  Except for persons made eligible by paragraph (a),

16  a person shall not be eligible for coverage under the plan if:

17         1.  The person has or obtains health insurance coverage

18  substantially similar to or more comprehensive than a plan

19  policy, or would be eligible to obtain such coverage, unless a

20  person may maintain other coverage for the period of time the

21  person is satisfying any preexisting condition waiting period

22  under a plan policy or may maintain plan coverage for the

23  period of time the person is satisfying a preexisting

24  condition waiting period under another health insurance policy

25  intended to replace the plan policy;.

26         2.  The person is determined to be eligible for health

27  care benefits under Medicaid, Medicare, the state's children's

28  health insurance program, or any other federal, state, or

29  local government program that provides health benefits;

30         3.  The person voluntarily terminated plan coverage

31  unless 12 months have elapsed since such termination;

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 1         4.  The person is an inmate or resident of a public

 2  institution; or

 3         5.  The person's premiums are paid for or reimbursed

 4  under any government-sponsored program, or by any government

 5  agency or health care provider, or by any organization

 6  sponsored by or affiliated with a health care provider.

 7         (d)  Coverage shall cease:

 8         1.  On the date a person is no longer a resident of

 9  this state;

10         2.  On the date a person requests coverage to end;

11         3.  Upon the death of the covered person;

12         4.  On the date state law requires cancellation or

13  nonrenewal of the policy; or

14         5.  At the option of the plan, 30 days after the plan

15  makes any inquiry concerning the person's eligibility or place

16  of residence to which the person does not reply; or.

17         6.  Upon failure of the insured to pay for continued

18  coverage.

19         (e)  Except under the circumstances described in this

20  subsection, coverage of a person who ceases to meet the

21  eligibility requirements of this subsection shall be

22  terminated at the end of the policy period for which the

23  necessary premiums have been paid.

24         (15)  FUNDING OF THE PLAN.--

25         (a)  Premiums.--

26         1.  The plan shall establish premium rates for plan

27  coverage as provided in this section. Separate schedules of

28  premium rates based on age, sex, and geographical location may

29  apply for individual risks. Premium rates and schedules shall

30  be submitted to the office for approval prior to use.

31  

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 1         2.  Initial rates for plan coverage shall be limited to

 2  no more than 200 percent 300 percent of rates established for

 3  individual standard risks as specified in s. 627.6675(3)(c).

 4  Subject to the limits provided in this paragraph, subsequent

 5  rates shall be established to provide fully for the expected

 6  costs of claims, including recovery of prior losses, expenses

 7  of operation, investment income of claim reserves, and any

 8  other cost factors subject to the limitations described

 9  herein, but in no event shall premiums exceed the 200-percent

10  300-percent rate limitation provided in this section.

11  Notwithstanding the 200-percent 300-percent rate limitation,

12  sliding scale premium surcharges based upon the insured's

13  income may apply to all enrollees, except those made eligible

14  for coverage by paragraph (9)(a).

15         (b)  Sources of additional revenue.--Any deficit

16  incurred by the plan shall be primarily funded through amounts

17  appropriated by the Legislature from general revenue sources,

18  including, but not limited to, a portion of the annual growth

19  in existing net insurance premium taxes in an amount not less

20  than the anticipated losses and reserve requirements for

21  existing policyholders. The board shall operate the plan in

22  such a manner that the estimated cost of providing health

23  insurance during any fiscal year will not exceed total income

24  the plan expects to receive from policy premiums and funds

25  appropriated by the Legislature, including any interest on

26  investments. After determining the amount of funds

27  appropriated to the board for a fiscal year, the board shall

28  estimate the number of new policies it believes the plan has

29  the financial capacity to insure during that year so that

30  costs do not exceed income. The board shall take steps

31  necessary to ensure that plan enrollment does not exceed the

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 1  number of residents it has estimated it has the financial

 2  capacity to insure.

 3         (c)  In the event of inadequate funding, the board may

 4  cancel existing policies on a nondiscriminatory basis as

 5  necessary to remedy the situation. No policy may be canceled

 6  if a covered individual is currently making a claim.

 7         (20)  PROVIDER REIMBURSEMENT.--Notwithstanding any

 8  other provision of law, the maximum reimbursement rate to

 9  health care providers for all covered, medically necessary

10  services shall be 100 percent of Medicare's allowed payment

11  amount for that particular provider and service. All licensed

12  providers in this state shall accept assignment of plan

13  benefits and consider the Medicare allowed payment amount as

14  payment in full.

15         Section 6.  Section 627.65626, Florida Statutes, is

16  amended to read:

17         627.65626  Insurance rebates for healthy lifestyles.--

18         (1)  Any rate, rating schedule, or rating manual for a

19  health insurance policy that provides creditable coverage as

20  defined in s. 627.6561(5) filed with the office shall provide

21  for an appropriate rebate of premiums paid in the last policy

22  calendar year when the majority of members of a health plan

23  have enrolled and maintained participation in any health

24  wellness, maintenance, or improvement program offered by the

25  group policyholder employer. The group employer must provide

26  evidence of demonstrative maintenance or improvement of the

27  enrollees' health status as determined by assessments of

28  agreed-upon health status indicators between the policyholder

29  employer and the health insurer, including, but not limited

30  to, reduction in weight, body mass index, and smoking

31  cessation. Any rebate provided by the health insurer is

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 1  presumed to be appropriate unless credible data demonstrates

 2  otherwise, or unless the rebate program requires the insured

 3  to incur costs to qualify for the rebate which equal or

 4  exceeds the value of the rebate, but the rebate may shall not

 5  exceed 10 percent of paid premiums.

 6         (2)  The premium rebate authorized by this section

 7  shall be effective for an insured on an annual basis unless

 8  the number of participating members on the policy renewal

 9  anniversary employees becomes less than the majority of the

10  members employees eligible for participation in the wellness

11  program.

12         Section 7.  Paragraphs (d) and (j) of subsection (5) of

13  section 627.6692, Florida Statutes, are amended to read:

14         627.6692  Florida Health Insurance Coverage

15  Continuation Act.--

16         (5)  CONTINUATION OF COVERAGE UNDER GROUP HEALTH

17  PLANS.--

18         (d)1.  A qualified beneficiary must give written notice

19  to the insurance carrier within 63 30 days after the

20  occurrence of a qualifying event. Unless otherwise specified

21  in the notice, a notice by any qualified beneficiary

22  constitutes notice on behalf of all qualified beneficiaries.

23  The written notice must inform the insurance carrier of the

24  occurrence and type of the qualifying event giving rise to the

25  potential election by a qualified beneficiary of continuation

26  of coverage under the group health plan issued by that

27  insurance carrier, except that in cases where the covered

28  employee has been involuntarily discharged, the nature of such

29  discharge need not be disclosed. The written notice must, at a

30  minimum, identify the employer, the group health plan number,

31  the name and address of all qualified beneficiaries, and such

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 1  other information required by the insurance carrier under the

 2  terms of the group health plan or the commission by rule, to

 3  the extent that such information is known by the qualified

 4  beneficiary.

 5         2.  Within 14 days after the receipt of written notice

 6  under subparagraph 1., the insurance carrier shall send each

 7  qualified beneficiary by certified mail an election and

 8  premium notice form, approved by the office, which form must

 9  provide for the qualified beneficiary's election or

10  nonelection of continuation of coverage under the group health

11  plan and the applicable premium amount due after the election

12  to continue coverage. This subparagraph does not require

13  separate mailing of notices to qualified beneficiaries

14  residing in the same household, but requires a separate

15  mailing for each separate household.

16         (j)  Notwithstanding paragraph (b), if a qualified

17  beneficiary in the military reserve or National Guard has

18  elected to continue coverage and is thereafter called to

19  active duty and the coverage under the group plan is

20  terminated by the beneficiary or the carrier due to the

21  qualified beneficiary becoming eligible for TRICARE (the

22  health care program provided by the United States Defense

23  Department), the 18-month period or such other applicable

24  maximum time period for which the qualified beneficiary would

25  otherwise be entitled to continue coverage is tolled during

26  the time that he or she is covered under the TRICARE program.

27  Within 63 30 days after the federal TRICARE coverage

28  terminates, the qualified beneficiary may elect to continue

29  coverage under the group health plan, retroactively to the

30  date coverage terminated under TRICARE, for the remainder of

31  the 18-month period or such other applicable time period,

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 1  subject to termination of coverage at the earliest of the

 2  conditions specified in paragraph (b).

 3         Section 8.  Paragraph (a) of subsection (4), paragraph

 4  (c) of subsection (5), and paragraphs (b) and (j) of

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

 6  amended, and paragraph (o) is added to subsection (11) of that

 7  section, to read:

 8         627.6699  Employee Health Care Access Act.--

 9         (4)  APPLICABILITY AND SCOPE.--

10         (a)1.  This section applies to a health benefit plan

11  that provides coverage to employees of a small employer in

12  this state, unless the coverage policy is marketed directly to

13  the individual employee, and the employer does not contribute

14  directly or indirectly to participate in the collection or

15  distribution of premiums or facilitate the administration of

16  the coverage policy in any manner. For the purposes of this

17  paragraph, an employer is not deemed to be contributing to the

18  premiums or facilitating the administration of coverage if the

19  employer does not contribute to the premium and merely

20  collects the premiums for coverage from an employee's wages or

21  salary through payroll deduction and submits payment for the

22  premiums of one or more employees in a lump sum to a carrier.

23         2.  A carrier authorized to issue group or individual

24  health benefit plans under this chapter or chapter 641 may

25  offer coverage as described in this paragraph to individual

26  employees without being subject to this section if the

27  employer has not had a group health benefit plan in place in

28  the prior 12 months. A carrier authorized to issue group or

29  individual health benefit plans under this chapter or chapter

30  641 may offer coverage as described in this paragraph to

31  employees that are not eligible employees as defined in this

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 1  section, whether or not the small employer has a group health

 2  benefit plan in place. A carrier that offers coverage as

 3  described in this paragraph must provide a cancellation notice

 4  to the primary insured at least 10 days prior to canceling the

 5  coverage for nonpayment of premium.

 6         (5)  AVAILABILITY OF COVERAGE.--

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

 8  of transacting business in this state:

 9         1.  Offer and issue all small employer health benefit

10  plans on a guaranteed-issue basis to every eligible small

11  employer, with 2 to 50 eligible employees, that elects to be

12  covered under such plan, agrees to make the required premium

13  payments, and satisfies the other provisions of the plan. A

14  rider for additional or increased benefits may be medically

15  underwritten and may only be added to the standard health

16  benefit plan. The increased rate charged for the additional or

17  increased benefit must be rated in accordance with this

18  section.

19         2.  In the absence of enrollment availability in the

20  Florida Health Insurance Plan, offer and issue basic and

21  standard small employer health benefit plans and a

22  high-deductible plan that meets the requirements of a health

23  savings account plan or health reimbursement account as

24  defined by federal law, on a guaranteed-issue basis, during a

25  31-day open enrollment period of August 1 through August 31 of

26  each year, to every eligible small employer, with fewer than

27  two eligible employees, which small employer is not formed

28  primarily for the purpose of buying health insurance and which

29  elects to be covered under such plan, agrees to make the

30  required premium payments, and satisfies the other provisions

31  of the plan. Coverage provided under this subparagraph shall

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 1  begin on October 1 of the same year as the date of enrollment,

 2  unless the small employer carrier and the small employer agree

 3  to a different date. A rider for additional or increased

 4  benefits may be medically underwritten and may only be added

 5  to the standard health benefit plan. The increased rate

 6  charged for the additional or increased benefit must be rated

 7  in accordance with this section. For purposes of this

 8  subparagraph, a person, his or her spouse, and his or her

 9  dependent children constitute a single eligible employee if

10  that person and spouse are employed by the same small employer

11  and either that person or his or her spouse has a normal work

12  week of less than 25 hours. Any right to an open enrollment of

13  health benefit coverage for groups of fewer than two

14  employees, pursuant to this section, shall remain in full

15  force and effect in the absence of the availability of new

16  enrollment into the Florida Health Insurance Plan.

17         3.  This paragraph does not limit a carrier's ability

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

19  standard and basic health benefit plans are offered and

20  rejected.

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

22         (b)1.  The program shall operate subject to the

23  supervision and control of the board.

24         2.  Effective upon this act becoming a law, the board

25  shall consist of the director of the office or his or her

26  designee, who shall serve as the chairperson, and 13

27  additional members who are representatives of carriers and

28  insurance agents and are appointed by the director of the

29  office and serve as follows:

30         a.  Five members shall be representatives of health

31  insurers licensed under chapter 624 or chapter 641. Two

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 1  members shall be agents who are actively engaged in the sale

 2  of health insurance. Four members shall be employers or

 3  representatives of employers. One member shall be a person

 4  covered under an individual health insurance policy issued by

 5  a licensed insurer in this state. One member shall represent

 6  the Agency for Health Care Administration and shall be

 7  recommended by the Secretary of Health Care Administration.

 8  The director of the office shall include representatives of

 9  small employer carriers subject to assessment under this

10  subsection. If two or more carriers elect to be risk-assuming

11  carriers, the membership must include at least two

12  representatives of risk-assuming carriers; if one carrier is

13  risk-assuming, one member must be a representative of such

14  carrier. At least one member must be a carrier who is subject

15  to the assessments, but is not a small employer carrier.

16  Subject to such restrictions, at least five members shall be

17  selected from individuals recommended by small employer

18  carriers pursuant to procedures provided by rule of the

19  commission. Three members shall be selected from a list of

20  health insurance carriers that issue individual health

21  insurance policies. At least two of the three members selected

22  must be reinsuring carriers. Two members shall be selected

23  from a list of insurance agents who are actively engaged in

24  the sale of health insurance.

25         b.  A member appointed under this subparagraph shall

26  serve a term of 4 years and shall continue in office until the

27  member's successor takes office, except that, in order to

28  provide for staggered terms, the director of the office shall

29  designate two of the initial appointees under this

30  subparagraph to serve terms of 2 years and shall designate

31  

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 1  three of the initial appointees under this subparagraph to

 2  serve terms of 3 years.

 3         3.  The director of the office may remove a member for

 4  cause.

 5         4.  Vacancies on the board shall be filled in the same

 6  manner as the original appointment for the unexpired portion

 7  of the term.

 8         5.  The director of the office may require an entity

 9  that recommends persons for appointment to submit additional

10  lists of recommended appointees.

11         (j)1.  Before July March 1 of each calendar year, the

12  board shall determine and report to the office the program net

13  loss for the previous year, including administrative expenses

14  for that year, and the incurred losses for the year, taking

15  into account investment income and other appropriate gains and

16  losses.

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

18  assessment of the carriers, as follows:

19         a.  The operating losses of the program shall be

20  assessed in the following order subject to the specified

21  limitations. The first tier of assessments shall be made

22  against reinsuring carriers in an amount which shall not

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

24  health benefit plans covering small employers. If such

25  assessments have been collected and additional moneys are

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

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

28  health benefit plan premiums. Except as provided in paragraph

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

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

31  

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 1  reinsuring carrier for the first tier of assessments shall be

 2  credited against any additional assessments made.

 3         b.  The board shall equitably assess carriers for

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

 5  shall annually assess each carrier a portion of the operating

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

 7  determined by multiplying the operating losses by a fraction,

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

 9  premium pertaining to direct writings of small employer health

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

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

12  the total of all such premiums earned by reinsuring carriers

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

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

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

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

17  assessments against carriers to ensure the financial ability

18  of the plan to cover claims expenses and administrative

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

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

21  anticipated receipt of annual assessments for that calendar

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

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

24  Interim assessment payments shall be credited against the

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

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

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

28  not be considered for purposes of determining assessments.

29         c.  Subject to the approval of the office, the board

30  shall make an adjustment to the assessment formula for

31  reinsuring carriers that are approved as federally qualified

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 1  health maintenance organizations by the Secretary of Health

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

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

 4  are not imposed on other small employer carriers.

 5         3.  Before July March 1 of each year, the board shall

 6  determine and file with the office an estimate of the

 7  assessments needed to fund the losses incurred by the program

 8  in the previous calendar year.

 9         4.  If the board determines that the assessments needed

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

11  calendar year will exceed the amount specified in subparagraph

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

13  report its findings, including any recommendations for changes

14  to the plan of operation, to the office within 180 90 days

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

16  were incurred. The evaluation shall include an estimate of

17  future assessments, the administrative costs of the program,

18  the appropriateness of the premiums charged and the level of

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

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

21  the office within 180 90 days following the end of the

22  applicable calendar year, the office may evaluate the

23  operations of the program and implement such amendments to the

24  plan of operation the office deems necessary to reduce future

25  losses and assessments.

26         5.  If assessments exceed the amount of the actual

27  losses and administrative expenses of the program, the excess

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

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

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

31  incurred but not reported claims.

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

 2  be determined annually by the board, based on annual

 3  statements and other reports considered necessary by the board

 4  and filed by the carriers with the board.

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

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

 7  an assessment.

 8         8.  A carrier may seek, from the office, a deferment,

 9  in whole or in part, from any assessment made by the board.

10  The office may defer, in whole or in part, the assessment of a

11  carrier if, in the opinion of the office, the payment of the

12  assessment would place the carrier in a financially impaired

13  condition. If an assessment against a carrier is deferred, in

14  whole or in part, the amount by which the assessment is

15  deferred may be assessed against the other carriers in a

16  manner consistent with the basis for assessment set forth in

17  this section. The carrier receiving such deferment remains

18  liable to the program for the amount deferred and is

19  prohibited from reinsuring any individuals or groups in the

20  program if it fails to pay assessments.

21         (o)  The board shall advise the office, the agency, the

22  department, and other executive and legislative entities on

23  health insurance issues. Specifically, the board shall:

24         1.  Provide a forum for stakeholders, consisting of

25  insurers, employers, agents, consumers, and regulators, in the

26  private health insurance market in this state.

27         2.  Review and recommend strategies to improve the

28  functioning of the health insurance markets in this state with

29  a specific focus on market stability, access, and pricing.

30  

31  

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 1         3.  Make recommendations to the office for legislation

 2  addressing health insurance market issues and provide comments

 3  on health insurance legislation proposed by the office.

 4         4.  Meet at least three times each year. One meeting

 5  shall be held to hear reports and to secure public comment on

 6  the health insurance market, to develop any legislation needed

 7  to address health insurance market issues, and to provide

 8  comments on health insurance legislation proposed by the

 9  office.

10         5.  By September 1 each year, issue a report to the

11  office on the state of the health insurance market. The report

12  shall include recommendations for changes in the health

13  insurance market, results from implementation of previous

14  recommendations, and information on health insurance markets.

15         Section 9.  Subsection (1) of section 641.27, Florida

16  Statutes, is amended to read:

17         641.27  Examination by the department.--

18         (1)  The office shall examine the affairs,

19  transactions, accounts, business records, and assets of any

20  health maintenance organization as often as it deems it

21  expedient for the protection of the people of this state, but

22  not less frequently than once every 5 3 years. In lieu of

23  making its own financial examination, the office may accept an

24  independent certified public accountant's audit report

25  prepared on a statutory accounting basis consistent with this

26  part. However, except when the medical records are requested

27  and copies furnished pursuant to s. 456.057, medical records

28  of individuals and records of physicians providing service

29  under contract to the health maintenance organization shall

30  not be subject to audit, although they may be subject to

31  subpoena by court order upon a showing of good cause. For the

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 1  purpose of examinations, the office may administer oaths to

 2  and examine the officers and agents of a health maintenance

 3  organization concerning its business and affairs. The

 4  examination of each health maintenance organization by the

 5  office shall be subject to the same terms and conditions as

 6  apply to insurers under chapter 624. In no event shall

 7  expenses of all examinations exceed a maximum of $50,000

 8  $20,000 for any 1-year period. Any rehabilitation,

 9  liquidation, conservation, or dissolution of a health

10  maintenance organization shall be conducted under the

11  supervision of the department, which shall have all power with

12  respect thereto granted to it under the laws governing the

13  rehabilitation, liquidation, reorganization, conservation, or

14  dissolution of life insurance companies.

15         Section 10.  Subsection (40) of section 641.31, Florida

16  Statutes, is amended to read:

17         641.31  Health maintenance contracts.--

18         (40)(a)  Any group rate, rating schedule, or rating

19  manual for a health maintenance organization policy filed with

20  the office shall provide for an appropriate rebate of premiums

21  paid in the last contract calendar year when the majority of

22  members of a health individual covered by such plan have is

23  enrolled in and maintained maintains participation in any

24  health wellness, maintenance, or improvement program offered

25  by the group contract holder approved by the health plan. The

26  group individual must provide evidence of demonstrative

27  maintenance or improvement of the group's his or her health

28  status as determined by assessments of agreed-upon health

29  status indicators between the group individual and the health

30  insurer, including, but not limited to, reduction in weight,

31  body mass index, and smoking cessation. Any rebate provided by

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 1  the health maintenance organization insurer is presumed to be

 2  appropriate unless credible data demonstrates otherwise, or

 3  unless the rebate program requires the insured to incur costs

 4  to qualify for the rebate which equals or exceeds the value of

 5  the rebate but the rebate may shall not exceed 10 percent of

 6  paid premiums.

 7         (b)  The premium rebate authorized by this section

 8  shall be effective for a subscriber an insured on an annual

 9  basis, unless the number of participating members on the

10  contract renewal anniversary becomes fewer than the majority

11  of the members eligible for participation in the wellness

12  program individual fails to maintain or improve his or her

13  health status while participating in an approved wellness

14  program, or credible evidence demonstrates that the individual

15  is not participating in the approved wellness program.

16         Section 11.  (1)  An 11-member high-deductible health

17  insurance plan study group is created, to be composed of:

18         (a)  Three representatives of employers offering

19  high-deductible health plans to their employees, one of whom

20  shall be a small employer as defined in s. 627.6699, Florida

21  Statutes, who shall be appointed by the Florida Chamber of

22  Commerce.

23         (b)  Three representatives of commercial health plans,

24  to be appointed by the Florida Insurance Council.

25         (c)  Three representatives of hospitals, to be

26  appointed by the Florida Hospital Association.

27         (d)  The Secretary of the Agency for Health Care

28  Administration, or the secretary's designee, who shall serve

29  as co-chair.

30  

31  

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 1         (e)  The Director of the Office of Insurance

 2  Regulation, or the director's designee, who shall serve as

 3  co-chair.

 4         (2)  The study group shall study the following issues

 5  related to high-deductible health insurance plans, including,

 6  but not limited to, health savings accounts and health

 7  reimbursement arrangements:

 8         (a)  The impact of high deductibles on access to health

 9  care services and pharmaceutical benefits.

10         (b)  The impact of high deductibles on utilization of

11  health care services and overutilization of health care

12  services.

13         (c)  The impact on hospitals' inability to collect

14  deductibles and copayments.

15         (d)  The ability of hospitals and insureds to

16  determine, prior to service delivery, the level of deductible

17  and copayment required of the insured.

18         (e)  Methods to assist hospitals and insureds in

19  determining prior to service delivery the status of the

20  insured in meeting annual deductible requirements and any

21  subsequent copayments.

22         (f)  Methods to assist hospitals in the collection of

23  deductibles and copayments, including electronic payments.

24         (g)  Alternative approaches to the collection of

25  deductibles and copayments when either the extent of patient

26  financial responsibility is unknown in advance or there are no

27  funds electronically available from the patient to pay for the

28  deductible and any associated copayment.

29         (3)  The study group shall also study the following

30  issues in addition to those specified in subsection (2):

31  

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 1         (a)  The assignment of benefits attestations and

 2  contract provisions that nullify the attestations of insureds.

 3         (b)  The standardization of insured or subscriber

 4  identifications cards.

 5         (c)  The standardization of claim edits or insuring

 6  that claim edits comply with nationally recognized editing

 7  guidelines.

 8         (4)  The study group shall meet by August 1, 2005, and

 9  shall submit recommendations to the Governor, the President of

10  the Senate, and the Speaker of the House of Representatives by

11  January 1, 2006.

12         Section 12.  Section 627.6402, Florida Statutes, is

13  repealed.

14         Section 13.  The sum of $5 million is appropriated from

15  the General Revenue Fund to the Florida Health Insurance Plan

16  for the purposes of implementing the plan.

17         Section 14.  This act shall take effect July 1, 2005,

18  and shall apply to all policies or contracts issued or renewed

19  on or after July 1, 2005.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1660

 3                                 

 4  The committee substitute provides the following changes:  

 5  o    Appropriates $5 million from General Revenue to implement
         the Florida Health Insurance Plan (FHIP).
 6  
    o    Provides that persons who are eligible for individual
 7       coverage after losing group coverage would be guaranteed
         individual coverage from the FHIP, rather than from an
 8       insurer or HMO issuing individual coverage, if the FHIP
         is accepting new enrollment.
 9  
    o    Decreases the maximum premium for FHIP coverage.
10  
    o    Limits provider reimbursement from the FHIP to 100
11       percent of the Medicare rate.

12  o    Limits eligibility for FHIP coverage.

13  o    Allows the board of the FHIP to cancel existing policies
         if inadequate funding is provided.
14  
    o    Provides that the small group law requirements would not
15       apply to individual coverage marketed to an employee of a
         small employer that provides for payroll deduction of the
16       premium, if the employer has not had group coverage
         within the prior 12 months.
17  
    o    Increases from 30 days to 63 days after group coverage is
18       terminated within which an individual must notify the
         insurance carrier of coverage termination and preserve
19       their right to continue group coverage.

20  o    Provides that insurers and HMOs may offer high-deductible
         plans that meet the federal requirements for a health
21       savings account, notwithstanding conflicting Florida
         laws.
22  
    o    Authorizes the Office of Insurance Regulation (OIR) to
23       disapprove a health flex plan under certain conditions.

24  o    Exempts certain policies from the requirement to provide
         premium rebates to policyholders who participate in a
25       wellness program.

26  o    Changes the requirements for financial examinations of
         HMOs by the Office of Insurance Regulation.
27  

28  

29  

30  

31  

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