Senate Bill sb2384

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    Florida Senate - 2005                                  SB 2384

    By Senator Peaden





    2-1408-05

  1                      A bill to be entitled

  2         An act relating to the Florida Health Insurance

  3         Plan; amending s. 627.64872, F.S.; redefining

  4         the term "health insurance" for purposes of

  5         determining assessments under the plan;

  6         providing an effective date.

  7  

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

  9  

10         Section 1.  Paragraph (b) of subsection (20) of section

11  627.64872, Florida Statutes, is amended to read:

12         627.64872  Florida Health Insurance Plan.--

13         (20)  COMBINING MEMBERSHIP OF THE FLORIDA COMPREHENSIVE

14  HEALTH ASSOCIATION; ASSESSMENT.--

15         (b)1.  As a condition of doing business in this state,

16  an insurer shall pay an assessment to the board in the amount

17  prescribed by this section. For operating losses incurred on

18  or after July 1, 2004, by persons enrolled in the Florida

19  Comprehensive Health Association, each insurer shall annually

20  be assessed by the board in the following calendar year a

21  portion of such incurred operating losses of the plan. Such

22  portion shall be determined by multiplying such operating

23  losses by a fraction, the numerator of which equals the

24  insurer's earned premium pertaining to direct writings of

25  health insurance in the state during the calendar year

26  preceding that for which the assessment is levied, and the

27  denominator of which equals the total of all such premiums

28  earned by insurers in the state during such calendar year.

29         2.  The total of all assessments under this paragraph

30  upon an insurer shall not exceed 1 percent of such insurer's

31  health insurance premium earned in this state during the

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    Florida Senate - 2005                                  SB 2384
    2-1408-05




 1  calendar year preceding the year for which the assessments

 2  were levied.

 3         3.  For the purposes of determining assessments under

 4  this section, the term "health insurance" means any hospital

 5  and medical expense incurred policy, minimum premium plan,

 6  stop-loss coverage, health maintenance organization contract,

 7  prepaid health clinic contract, multiple-employer welfare

 8  arrangement contract, or fraternal benefit society health

 9  benefits contract, whether sold as an individual or group

10  policy or contract. The term does not include a policy

11  covering medical payment coverage or personal injury

12  protection coverage in a motor vehicle policy, coverage issued

13  as a supplement to liability insurance, or workers'

14  compensation.

15         4.3.  All rights, title, and interest in the assessment

16  funds collected under this paragraph shall vest in this state.

17  However, all of such funds and interest earned shall be used

18  by the plan to pay claims and administrative expenses.

19         Section 2.  This act shall take effect upon becoming a

20  law.

21  

22            *****************************************

23                          SENATE SUMMARY

24    Provides that, for purposes of assessments under the
      Florida Health Insurance Plan, the term "health
25    insurance" will have the same definition as that used for
      the Florida Comprehensive Health Association Act.
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CODING: Words stricken are deletions; words underlined are additions.