Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 318
                        Barcode 720932
                            CHAMBER ACTION
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11  The Committee on Banking and Insurance (Atwater) recommended
12  the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 627.6614, Florida Statutes, is
19  created to read:
20         627.6614  Cystic fibrosis treatment services.--A group
21  health insurance policy sold in this state must provide
22  coverage for all medically necessary chest physiotherapy
23  provided by a respiratory therapist licensed under part V of
24  chapter 468, home health care, equipment, supplies, and
25  enteral formulas described in s. 627.42395 used to treat
26  cystic fibrosis if the patient's treating physician or an
27  authorized physician who specializes in the treatment of
28  cystic fibrosis certifies that such services are medically
29  necessary. The insurer may require the policyholder to be
30  responsible for any deductible or copayment that generally
31  applies under the policy.
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 318 Barcode 720932 1 Section 2. Present subsections (36), (37), (38), (39), 2 and (40) of section 641.31, Florida Statutes, are redesignated 3 as subsections (37), (38), (39), (40), and (41), respectively, 4 and a new subsection (36) is added to that section to read: 5 641.31 Health maintenance contracts.-- 6 (36) A group health maintenance contract sold in this 7 state must provide coverage for all medically necessary chest 8 physiotherapy provided by a respiratory therapist licensed 9 under part V of chapter 468, home health care, equipment, 10 supplies, and enteral formulas described in s. 627.42395 used 11 to treat cystic fibrosis if the patient's treating physician 12 or an authorized physician who specializes in the treatment of 13 cystic fibrosis certifies that such services are medically 14 necessary. The health maintenance organization may require the 15 subscriber to be responsible for any deductible or copayment 16 that generally applies under the contract. 17 Section 3. Subsection (2) of section 627.6515, Florida 18 Statutes, is amended to read: 19 627.6515 Out-of-state groups.-- 20 (2) Except as otherwise provided in this part, this 21 part does not apply to a group health insurance policy issued 22 or delivered outside this state under which a resident of this 23 state is provided coverage if: 24 (a) The policy is issued to an employee group the 25 composition of which is substantially as described in s. 26 627.653; a labor union group or association group the 27 composition of which is substantially as described in s. 28 627.654; an additional group the composition of which is 29 substantially as described in s. 627.656; a group insured 30 under a blanket health policy when the composition of the 31 group is substantially in compliance with s. 627.659; a group 2 6:32 PM 03/14/05 s0318d-bi25-t09
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 318 Barcode 720932 1 insured under a franchise health policy when the composition 2 of the group is substantially in compliance with s. 627.663; 3 an association group to cover persons associated in any other 4 common group, which common group is formed primarily for 5 purposes other than providing insurance; a group that is 6 established primarily for the purpose of providing group 7 insurance, provided the benefits are reasonable in relation to 8 the premiums charged thereunder and the issuance of the group 9 policy has resulted, or will result, in economies of 10 administration; or a group of insurance agents of an insurer, 11 which insurer is the policyholder; 12 (b) Certificates evidencing coverage under the policy 13 are issued to residents of this state and contain in 14 contrasting color and not less than 10-point type the 15 following statement: "The benefits of the policy providing 16 your coverage are governed primarily by the law of a state 17 other than Florida"; and 18 (c) The policy provides the benefits specified in ss. 19 627.419, 627.6574, 627.6575, 627.6579, 627.6612, 627.66121, 20 627.66122, 627.6613, 627.6614, 627.667, 627.6675, 627.6691, 21 and 627.66911. 22 (d) Applications for certificates of coverage offered 23 to residents of this state must contain, in contrasting color 24 and not less than 12-point type, the following statement on 25 the same page as the applicant's signature: 26 27 "This policy is primarily governed by the laws 28 of ...insert state where the master policy if 29 filed.... As a result, all of the rating laws 30 applicable to policies filed in this state do 31 not apply to this coverage, which may result in 3 6:32 PM 03/14/05 s0318d-bi25-t09
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 318 Barcode 720932 1 increases in your premium at renewal that would 2 not be permissible under a Florida-approved 3 policy. Any purchase of individual health 4 insurance should be considered carefully, as 5 future medical conditions may make it 6 impossible to qualify for another individual 7 health policy. For information concerning 8 individual health coverage under a 9 Florida-approved policy, consult your agent or 10 the Florida Department of Financial Services." 11 12 This paragraph applies only to group certificates providing 13 health insurance coverage which require individualized 14 underwriting to determine coverage eligibility for an 15 individual or premium rates to be charged to an individual 16 except for the following: 17 1. Policies issued to provide coverage to groups of 18 persons all of whom are in the same or functionally related 19 licensed professions, and providing coverage only to such 20 licensed professionals, their employees, or their dependents; 21 2. Policies providing coverage to small employers as 22 defined by s. 627.6699. Such policies shall be subject to, and 23 governed by, the provisions of s. 627.6699; 24 3. Policies issued to a bona fide association, as 25 defined by s. 627.6571(5), provided that there is a person or 26 board acting as a fiduciary for the benefit of the members, 27 and such association is not owned, controlled by, or otherwise 28 associated with the insurance company; or 29 4. Any accidental death, accidental death and 30 dismemberment, accident-only, vision-only, dental-only, 31 hospital indemnity-only, hospital accident-only, cancer, 4 6:32 PM 03/14/05 s0318d-bi25-t09
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 318 Barcode 720932 1 specified disease, Medicare supplement, products that 2 supplement Medicare, long-term care, or disability income 3 insurance, or similar supplemental plans provided under a 4 separate policy, certificate, or contract of insurance, which 5 cannot duplicate coverage under an underlying health plan, 6 coinsurance, or deductibles or coverage issued as a supplement 7 to workers' compensation or similar insurance, or automobile 8 medical-payment insurance. 9 Section 4. The Legislature finds that this act 10 fulfills an important state interest. 11 Section 5. This act shall take effect October 1, 2005, 12 and applies to policies and contracts issued or renewed on or 13 after that date. 14 15 16 ================ T I T L E A M E N D M E N T =============== 17 And the title is amended as follows: 18 Delete everything before the enacting clause 19 20 and insert: 21 A bill to be entitled 22 An act relating to cystic fibrosis treatment; 23 creating s. 627.6614, F.S.; requiring a group 24 health insurance policy to cover services 25 needed to treat cystic fibrosis as authorized 26 by a physician; amending s. 641.31, F.S.; 27 requiring a contract by a health maintenance 28 organization to cover services needed to treat 29 cystic fibrosis as authorized by a physician; 30 amending s. 627.6515, F.S., relating to 31 out-of-state groups; conforming a 5 6:32 PM 03/14/05 s0318d-bi25-t09
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 318 Barcode 720932 1 cross-reference to changes made by the act; 2 providing that the act fulfills an important 3 state interest; providing an effective date. 4 5 WHEREAS, cystic fibrosis is a genetic disease that 6 adversely affects the respiratory system and the digestive 7 system, and 8 WHEREAS, only half of those suffering with cystic 9 fibrosis live to the age of 32, and 10 WHEREAS, the treatments for individuals with cystic 11 fibrosis include ingesting pancreatic enzymes or a wide 12 assortment of nutritional supplements, frequent postural 13 draining to clear the respiratory system, or using a feeding 14 tube to provide sustenance, and 15 WHEREAS, insurance companies oftentimes do not fully 16 cover the costs associated with treating cystic fibrosis, a 17 fatal disease, NOW, THEREFORE, 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 6:32 PM 03/14/05 s0318d-bi25-t09