Senate Bill sb2214c1

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    Florida Senate - 2005                           CS for SB 2214

    By the Committee on Banking and Insurance; and Senator
    Saunders




    597-2092-05

  1                      A bill to be entitled

  2         An act relating to discount medical plan

  3         organizations; amending s. 636.202, F.S.;

  4         revising a definition; amending s. 636.204,

  5         F.S.; revising provisions relating to licensure

  6         requirements to do business as a discount

  7         medical plan organization; creating s. 636.205,

  8         F.S.; providing for processing of an

  9         application for licensure of a discount medical

10         plan organization by the Office of Insurance

11         Regulation of the Financial Services

12         Commission; amending s. 636.206, F.S.;

13         providing that discount medical plan

14         organizations are not subject to the Florida

15         Insurance Code for purposes of examination and

16         investigation; creating s. 636.207, F.S.;

17         providing for applicability of pt. II of ch.

18         636, F.S.; amending s. 636.208, F.S.; revising

19         provisions relating to reimbursement of certain

20         charges and fees upon cancellation of

21         membership in the plan; amending s. 636.210,

22         F.S.; revising prohibitions relating to

23         advertising; amending s. 636.212, F.S.;

24         revising provisions relating to disclosures to

25         prospective members; amending s. 636.214, F.S.;

26         revising provisions relating to provider

27         agreements; amending s. 636.216, F.S.;

28         providing conditions for approval of charges

29         and forms; deleting a provision relating to

30         request for a hearing; amending s. 636.218,

31         F.S.; revising requirements for information to

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 1         be included in annual reports; creating s.

 2         636.223, F.S.; providing for administrative

 3         penalties; amending s. 636.228, F.S.;

 4         specifying marketing requirements of discount

 5         medical plans; providing limitations; amending

 6         s. 636.230, F.S.; specifying fee disclosure

 7         requirements for bundling discount medical

 8         plans with other products; amending s. 636.236,

 9         F.S.; requiring discount medical plan

10         organizations to maintain surety bonds;

11         providing conditions for substituting deposited

12         securities for surety bonds; amending s.

13         636.238, F.S.; revising penalties; repealing s.

14         636.242, F.S., relating to civil remedies;

15         providing an effective date.

16  

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

18  

19         Section 1.  Subsection (2) of section 636.202, Florida

20  Statutes, is amended to read:

21         636.202  Definitions.--As used in this part, the term:

22         (2)  "Discount medical plan organization" means an

23  entity which, in exchange for fees, dues, charges, or other

24  consideration, provides access for plan members to providers

25  of medical services and the right to receive medical services

26  from those providers at a discount. The term "discount medical

27  plan" does not include any product regulated under chapter

28  627, chapter 641, or part I of this chapter.

29         Section 2.  Subsections (1) and (2) of section 636.204,

30  Florida Statutes, are amended to read:

31         636.204  License required.--

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 1         (1)  Before doing business in this state as a discount

 2  medical plan organization, an entity must be a corporation, a

 3  limited liability company or a limited partnership,

 4  incorporated, organized, formed, or registered incorporated

 5  under the laws of this state or, if a foreign corporation,

 6  authorized to transact business in this state in accordance

 7  with chapter 607, chapter 608, chapter 617, chapter 620, or

 8  chapter 865, and must be licensed by the office possess a

 9  license as a discount medical plan organization or be licensed

10  by the office pursuant to chapter 624, part I of chapter 636,

11  or chapter 641 from the office.

12         (2)  An application for a license to operate as a

13  discount medical plan organization must be filed with the

14  office on a form prescribed by the commission. Such

15  application must be sworn to by an officer or authorized

16  representative of the applicant and be accompanied by the

17  following, if applicable:

18         (a)  A copy of the applicant's articles of

19  incorporation, or other organizing documents, including all

20  amendments.

21         (b)  A copy of the applicant's corporation's bylaws.

22         (c)  A list of the names, addresses, official

23  positions, and biographical information of the individuals who

24  are responsible for conducting the applicant's affairs,

25  including, but not limited to, all members of the board of

26  directors, board of trustees, executive committee, or other

27  governing board or committee, the officers, contracted

28  management company personnel, and any person or entity owning

29  or having the right to acquire 10 percent or more of the

30  voting securities of the applicant. Such listing must fully

31  disclose the extent and nature of any contracts or

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 1  arrangements between any individual who is responsible for

 2  conducting the applicant's affairs and the discount medical

 3  plan organization, including any possible conflicts of

 4  interest.

 5         (d)  A complete biographical statement, on forms

 6  prescribed by the commission, an independent investigation

 7  report, and a set of fingerprints, as provided in chapter 624,

 8  with respect to each individual identified under paragraph

 9  (c).

10         (e)  A statement generally describing the applicant,

11  its facilities and personnel, and the medical services to be

12  offered.

13         (f)  A copy of the form of all contracts made or to be

14  made between the applicant and any providers or provider

15  networks regarding the provision of medical services to

16  members.

17         (g)  A copy of the form of any contract made or

18  arrangement to be made between the applicant and any person

19  listed in paragraph (c).

20         (h)  A copy of the form of any contract made or to be

21  made between the applicant and any person, corporation,

22  partnership, or other entity for the performance on the

23  applicant's behalf of any function, including, but not limited

24  to, marketing, administration, enrollment, investment

25  management, and subcontracting for the provision of health

26  services to members.

27         (i)  A copy of the applicant's most recent financial

28  statements audited by an independent certified public

29  accountant. An applicant that is a subsidiary of a parent

30  entity that is publicly traded, which parent entity prepares

31  audited financial statements reflecting the consolidated

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 1  operations of the parent entity and the subsidiary, may

 2  petition the office to accept, in lieu of the audited

 3  financial statement of the applicant, the audited financial

 4  statement of the parent entity and a written guaranty by the

 5  parent entity that the minimum capital requirements of the

 6  applicant required by this part will be met by the parent

 7  entity.

 8         (j)  A description of the proposed method of marketing.

 9         (k)  A description of the subscriber complaint

10  procedures to be established and maintained.

11         (l)  The fee for issuance of a license.

12         (m)  Such other information as the commission or office

13  may reasonably require to make the determinations required by

14  this part.

15         Section 3.  Section 636.205, Florida Statutes, is

16  created to read:

17         636.205  Issuance of license; denial.--

18         (1)  Following receipt of an application filed pursuant

19  to s. 636.204, the office shall review, and notify the

20  applicant of any deficiencies in, the application. The office

21  shall issue a license to an applicant who has filed a complete

22  application in conformity with s. 636.204, upon payment of the

23  fees specified by s. 636.204, and upon the office being

24  satisfied that the following conditions are met:

25         (a)  The requirements of s. 636.204 are fulfilled.

26         (b)  The entity has the required minimum capital.

27         (c)  The ownership, control, and management of the

28  entity are competent and trustworthy and possess managerial

29  experience that would make the proposed operation beneficial

30  to the subscribers. If the office has good reason to believe

31  that the ownership, control, or management of a discount

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 1  medical plan organization includes a person whose business

 2  operations are or have been marked by business practices or

 3  conduct that is to the detriment of the public, stockholders,

 4  investors, or creditors, the office may not grant or continue

 5  the authority of such organization to transact the business of

 6  a discount medical plan organization in this state.

 7         (d)  The discount medical plan organization has a

 8  complaint procedure that will facilitate the resolution of

 9  subscriber grievances and that includes, within the

10  organization, formal and informal steps.

11         (e)  Any deficiencies identified by the office have

12  been corrected.

13         (f)  All requirements of this part are met.

14         (2)  If the application for a license is denied, the

15  office shall notify the applicant and shall specify the

16  reasons for denial in the notice.

17         Section 4.  Section 636.206, Florida Statutes, is

18  amended to read:

19         636.206  Examinations and investigations.--

20         (1)  The office may examine or investigate the business

21  and affairs of any discount medical plan organization. The

22  office may order any discount medical plan organization or

23  applicant to produce any records, books, files, advertising

24  and solicitation materials, or other information and may take

25  statements under oath to determine whether the discount

26  medical plan organization or applicant is in violation of the

27  law or is acting contrary to the public interest. The expenses

28  incurred in conducting any examination or investigation must

29  be paid by the discount medical plan organization or

30  applicant. Examinations and investigations must be conducted

31  as provided in chapter 624, and discount medical plan

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 1  organizations are subject to all applicable provisions of the

 2  insurance code.

 3         (2)  Failure by the discount medical plan organization

 4  to pay the expenses incurred under subsection (1) is grounds

 5  for denial or revocation.

 6         Section 5.  Section 636.207, Florida Statutes, is

 7  created to read:

 8         636.207  Applicability of part.--Except as otherwise

 9  provided in this part, discount medical plan organizations are

10  governed by the provisions of this part and are exempt from

11  the Florida Insurance Code unless specifically referenced.

12         Section 6.  Section 636.208, Florida Statutes, is

13  amended to read:

14         636.208  Fees; charges; reimbursement.--

15         (1)  A discount medical plan organization may charge a

16  periodic charge as well as a reasonable one-time processing

17  fee for a discount medical plan and a periodic charge. If a

18  discount medical plan charges for a time period in excess of 1

19  month, the plan must, in the event of cancellation of the

20  membership by either party, make a pro rata reimbursement of

21  the fees to the member.

22         (2)  If the member cancels his or her membership in the

23  discount medical plan organization within the first 30 days

24  after the effective date of enrollment in the plan, the member

25  shall receive a reimbursement of all periodic charges upon

26  return of the discount card to the discount medical plan

27  organization.

28         (3)  If the discount medical plan organization cancels

29  a membership for any reason other than nonpayment of fees by

30  the member, the discount medical plan organization shall make

31  

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 1  a pro rata reimbursement of all periodic charges to the

 2  member.

 3         (4)  In addition to the reimbursement of periodic

 4  charges for the reasons stated in subsections (2) and (3), a

 5  discount medical plan organization shall also reimburse the

 6  member for any portion of a one-time processing fee that

 7  exceeds $30 per year.

 8         Section 7.  Subsection (1) of section 636.210, Florida

 9  Statutes, is amended to read:

10         636.210  Prohibited activities of a discount medical

11  plan organization.--

12         (1)  A discount medical plan organization may not:

13         (a)  Use in its advertisements, marketing material,

14  brochures, and discount cards the term "insurance" except as

15  otherwise provided in this part or as a disclaimer of any

16  relationship between discount medical plan organization

17  benefits and insurance;

18         (b)  Use in its advertisements, marketing material,

19  brochures, and discount cards the terms "health plan,"

20  "coverage," "copay," "copayments," "preexisting conditions,"

21  "guaranteed issue," "premium," "enrollment," "PPO," "preferred

22  provider organization," or other terms in a manner that could

23  reasonably mislead a person into believing the discount

24  medical plan was health insurance;

25         (c)  Have restrictions on free access to plan

26  providers, including, but not limited to, waiting periods and

27  notification periods; or

28         (d)  Pay providers any fees for medical services.

29         Section 8.  Section 636.212, Florida Statutes, is

30  amended to read:

31  

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 1         636.212  Disclosures.--The following disclosures must

 2  be made in writing to any prospective member and must be on

 3  the first page of any advertisements, marketing materials, or

 4  brochures relating to a discount medical plan. The disclosures

 5  must be printed in not less than 12-point type or no smaller

 6  than the largest type on the page if larger than 12-point

 7  type:

 8         (1)  That the plan is not a health insurance policy.

 9         (2)  That the plan provides discounts at certain health

10  care providers for medical services.

11         (3)  That the plan does not make payments directly to

12  the providers of medical services.

13         (4)  That the plan member is obligated to pay for all

14  health care services but will receive a discount from those

15  health care providers who have contracted with the discount

16  plan organization.

17         (5)  The corporate name and address the locations of

18  the licensed discount medical plan organization.

19  

20  If the initial contract is made by telephone, the disclosures

21  required by this section shall be made orally and provided in

22  the initial written materials that describe the benefits under

23  the discount medical plan provided to the prospective or new

24  member.

25         Section 9.  Subsections (2) and (4) of section 636.214,

26  Florida Statutes, are amended to read:

27         636.214  Provider agreements.--

28         (2)  A provider agreement between a discount medical

29  plan organization and a provider must provide the following:

30         (a)  A list of the services and products to be provided

31  at a discount.

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 1         (b)  The amount or amounts of the discounts or,

 2  alternatively, a fee schedule which reflects the provider's

 3  discounted rates.

 4         (c)  That the provider will not charge members more

 5  than the discounted rates.

 6         (4)  The discount medical plan organization shall

 7  maintain a copy of each active provider agreement into which

 8  it has entered.

 9         Section 10.  Section 636.216, Florida Statutes, is

10  amended to read:

11         636.216  Charge or form filings.--

12         (1)  All charges to members must be filed with the

13  office and any charge to members greater than $30 per month or

14  $360 per year must be approved by the office before the

15  charges can be used. The discount medical plan organization

16  has the burden of proof that the charges bear a reasonable

17  relation to the benefits received by the member.

18         (2)  There must be a written agreement between the

19  discount medical plan organization and the member specifying

20  the benefits under the discount medical plan and complying

21  with the disclosure requirements of this part.

22         (3)  All forms used, including the written agreement

23  pursuant to subsection (2), must first be filed with and

24  approved by the office. Every form filed shall be identified

25  by a unique form number placed in the lower left corner of

26  each form.

27         (4)  A charge or form is considered approved on the

28  60th day after its date of filing unless it has been

29  previously disapproved by the office. The office shall

30  disapprove any form that does not meet the requirements of

31  this part or that is unreasonable, discriminatory, misleading,

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 1  or unfair. If such filings are disapproved, the office shall

 2  notify the discount medical plan organization and shall

 3  specify in the notice the reasons for disapproval. The

 4  discount medical plan organization has 21 days from the date

 5  of receipt of notice to request a hearing before the office

 6  pursuant to chapter 120.

 7         Section 11.  Subsection (2) of section 636.218, Florida

 8  Statutes, is amended to read:

 9         636.218  Annual reports.--

10         (2)  Such reports must be on forms prescribed by the

11  commission and must include:

12         (a)  Audited financial statements prepared in

13  accordance with generally accepted accounting principles

14  certified by an independent certified public accountant,

15  including the organization's balance sheet, income statement,

16  and statement of changes in cash flow for the preceding year.

17  An organization that is a subsidiary of a parent entity that

18  is publicly traded, which parent entity prepares audited

19  financial statements reflecting the consolidated operations of

20  the parent entity and the organization, may petition the

21  office to accept, in lieu of the audited financial statement

22  of the organization, the audited financial statement of the

23  parent entity and a written guaranty by the parent entity that

24  the minimum capital requirements of the organization required

25  by this part will be met by the parent entity.

26         (b)  If different from the initial application or the

27  last annual report, a list of the names and residence

28  addresses of all persons responsible for the conduct of the

29  organization's affairs, together with a disclosure of the

30  extent and nature of any contracts or arrangements between

31  

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 1  such persons and the discount medical plan organization,

 2  including any possible conflicts of interest.

 3         (c)  The number of discount medical plan members in the

 4  state.

 5         (d)  Such other information relating to the performance

 6  of the discount medical plan organization as is reasonably

 7  required by the commission or office.

 8         Section 12.  Section 636.223, Florida Statutes, is

 9  created to read:

10         636.223  Administrative penalty.--In lieu of suspending

11  or revoking a certificate of authority, whenever any discount

12  medical plan organization has been found to have violated any

13  provision of this part, the office may:

14         (1)  Issue and cause to be served upon the organization

15  charged with the violation a copy of such findings and an

16  order requiring such organization to cease and desist from

17  engaging in the act or practice that constitutes the

18  violation.

19         (2)  Impose a monetary penalty of not less that $100

20  for each violation, but not to exceed an aggregate penalty of

21  $75,000.

22         Section 13.  Subsection (2) of section 636.228, Florida

23  Statutes, is amended to read:

24         636.228  Marketing of discount medical plans.--

25         (2)  The discount medical plan organization shall have

26  an executed written agreement with a marketer prior to the

27  marketer's marketing, promoting, selling, or distributing the

28  discount medical plan. Such agreement shall prohibit the

29  marketer from using marketing materials, brochures, and

30  discount cards without the approval in writing by the discount

31  medical plan organization. The discount medical plan

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 1  organization shall be bound by and shall be responsible and

 2  financially liable for any acts of its marketers, within the

 3  scope of the marketers' agency, that do not comply with the

 4  provisions of this part.

 5         Section 14.  Section 636.230, Florida Statutes, is

 6  amended to read:

 7         636.230  Bundling discount medical plans with other

 8  insurance products.--When a marketer or discount medical plan

 9  organization sells a discount medical plan together with any

10  other product, the fees for the discount medical plan each

11  individual product must be provided in writing to the member

12  if the fees exceed $30 and itemized.

13         Section 15.  Section 636.236, Florida Statutes, is

14  amended to read:

15         636.236  Surety bond or security deposit.--

16         (1)  Each discount medical plan organization licensed

17  pursuant to the provisions of this part must maintain in force

18  a surety bond in its own name in an amount not less than

19  $35,000 to be used at the discretion of the office to protect

20  the financial interests of members who may be adversely

21  affected by the insolvency of a discount medical plan

22  organization. The bond must be issued by an insurance company

23  that is licensed to do business in this state.

24         (2)(1)  In lieu of the bond specified in subsection

25  (1), a licensed discount medical plan organization may must

26  deposit and maintain deposited in trust with the department

27  securities eligible for deposit under s. 625.52, having at all

28  times a value of not less than $35,000, for use by the office

29  in protecting plan members. If a licensed discount medical

30  plan organization substitutes its deposited securities under

31  this subsection with a surety bond authorized in subsection

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 1  (1), such deposited securities shall be returned to the

 2  discount medical plan organization no later than 45 days

 3  following the effective date of the surety bond.

 4         (3)(2)  No judgment creditor or other claimant of a

 5  discount medical plan organization, other than the office or

 6  department, shall have the right to levy upon any of the

 7  assets or securities held in this state as a deposit under

 8  subsections subsection (1) and (2).

 9         Section 16.  Section 636.238, Florida Statutes, is

10  amended to read:

11         636.238  Penalties for violation of this part.--

12         (1)  Except as provided in subsection (2), a person who

13  willfully violates any provision of this part commits a

14  misdemeanor of the second degree, punishable as provided in s.

15  775.082 or s. 775.083.

16         (2)  A person who operates as or willfully aids and

17  abets another operating as a discount medical plan

18  organization in violation of s. 636.204(1) commits a felony

19  punishable as provided for in s. 624.401(4)(b), as if the

20  unlicensed discount medical plan organization were an

21  unauthorized insurer, and the fees, dues, charges, or other

22  consideration collected from the members by the unlicensed

23  discount medical plan organization or marketer were insurance

24  premium.

25         (3)  A person who collects fees for purported

26  membership in a discount medical plan but purposefully fails

27  to provide the promised benefits commits a theft, punishable

28  as provided in s. 812.014.

29         Section 17.  Section 636.242, Florida Statutes, is

30  repealed.

31  

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 1         Section 18.  This act shall take effect upon becoming a

 2  law.

 3  

 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                         Senate Bill 2214

 6                                 

 7  The committee substitute provides the following changes:  

 8  o    Allows limited partnerships, rather than all
         partnerships, to be eligible for licensure as a discount
 9       medical plan organization.

10  o    Allows an applicant for licensure to petition the Office
         of Insurance Regulation to accept the audited financial
11       statements of the subsidiary's publicly traded parent
         company in lieu of the applicant's financial statements
12       and a written guaranty by the parent company that the net
         worth requirements of the applicant will be met by the
13       parent company.

14  o    Authorizes the Office of Insurance Regulation to deny
         licensure if certain conditions are not by the applicant.
15       The provision reiterates existing requirements and
         creates new requirements, such as the management and
16       ownership of the entity must be competent and possess
         managerial expertise. The office is authorized to deny or
17       revoke licensure for an entity that is deemed to be
         conducting business in a manner that is detrimental.
18  
    o    Authorizes a licensee to petition the Office of Insurance
19       Regulation to accept audited financial statements of the
         subsidiary's parent company with a written guaranty by
20       the parent company that the net worth requirements of the
         applicant will be met by the parent company in lieu of
21       the licensee submitting annual, audited financial
         statements.
22  
    o    Increases the maximum, aggregate administrative penalty
23       from $50,000 to $75,000.

24  o    Reinserts current law which provides that it is a
         third-degree felony to aid and abet an unlicensed
25       discount medical plan organization and revises the
         standard of intent to "willfully."
26  

27  

28  

29  

30  

31  

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