Senate Bill sb0560

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    Florida Senate - 2005                                   SB 560

    By Senator Bullard





    39-600-05

  1                      A bill to be entitled

  2         An act relating to the treatment of congenital

  3         craniofacial anomalies; creating ss. 627.64194

  4         and 627.6614, F.S.; requiring an individual

  5         health insurance policy or a group health

  6         insurance policy to cover services needed to

  7         treat congenital craniofacial anomalies as

  8         authorized by a physician; amending s. 641.31,

  9         F.S.; requiring a contract by a health

10         maintenance organization to cover services

11         needed to treat congenital craniofacial

12         anomalies as authorized by a physician;

13         amending s. 627.6515, F.S., relating to

14         out-of-state groups; conforming a

15         cross-reference to changes made by the act;

16         providing an effective date.

17  

18         WHEREAS, craniofacial anomalies are a group of

19  deformities involving the growth of the head and facial bones,

20  and these anomalies are present at birth and vary in type and

21  severity, and

22         WHEREAS, experts agree that many factors contribute to

23  the development of craniofacial anomalies, some craniofacial

24  anomalies are a result of genetic mutations, and other

25  craniofacial anomalies may be a result of environmental

26  factors that scientists do not completely understand, and

27         WHEREAS, the most common types of craniofacial

28  anomalies include, but are not limited to, cleft lip, cleft

29  palate, craniosynostosis, hemifacial microsomia, vascular

30  malformation, hemangioma, and deformational or positional

31  plagiocephaly, and

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    Florida Senate - 2005                                   SB 560
    39-600-05




 1         WHEREAS, insurance companies often do not fully cover

 2  the costs associated with treating congenital craniofacial

 3  anomalies, NOW, THEREFORE,

 4  

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

 6  

 7         Section 1.  Section 627.64194, Florida Statutes, is

 8  created to read:

 9         627.64194  Services for the treatment of congenital

10  craniofacial anomalies.--A health insurance policy sold in

11  this state must provide coverage for all medically appropriate

12  and necessary equipment, supplies, supplements, and patient

13  self-management training and educational services used to

14  treat a congenital craniofacial anomaly if the patient's

15  treating physician or a physician who specializes in the

16  treatment of craniofacial anomalies certifies that such

17  services are necessary.

18         Section 2.  Section 627.6614, Florida Statutes, is

19  created to read:

20         627.6614  Services for the treatment of congenital

21  craniofacial anomalies.--A group health insurance policy sold

22  in this state must provide coverage for all medically

23  appropriate and necessary equipment, supplies, supplements,

24  and patient self-management training and educational services

25  used to treat a congenital craniofacial anomaly if the

26  patient's treating physician or a physician who specializes in

27  the treatment of craniofacial anomalies certifies that such

28  services are necessary.

29         Section 3.  Present subsections (36), (37), (38), (39),

30  and (40) of section 641.31, Florida Statutes, are redesignated

31  

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    Florida Senate - 2005                                   SB 560
    39-600-05




 1  as subsections (37), (38), (39), (40), and (41), respectively,

 2  and a new subsection (36) is added to that section to read:

 3         641.31  Health maintenance contracts.--

 4         (36)  A health maintenance contract sold in this state

 5  must provide coverage for all medically appropriate and

 6  necessary equipment, supplies, supplements, and patient

 7  self-management training and educational services used to

 8  treat a congenital craniofacial anomaly if the patient's

 9  treating physician or a physician who specializes in the

10  treatment of craniofacial anomalies certifies that such

11  services are necessary.

12         Section 4.  Subsection (2) of section 627.6515, Florida

13  Statutes, is amended to read:

14         627.6515  Out-of-state groups.--

15         (2)  Except as otherwise provided in this part, this

16  part does not apply to a group health insurance policy issued

17  or delivered outside this state under which a resident of this

18  state is provided coverage if:

19         (a)  The policy is issued to an employee group the

20  composition of which is substantially as described in s.

21  627.653; a labor union group or association group the

22  composition of which is substantially as described in s.

23  627.654; an additional group the composition of which is

24  substantially as described in s. 627.656; a group insured

25  under a blanket health policy when the composition of the

26  group is substantially in compliance with s. 627.659; a group

27  insured under a franchise health policy when the composition

28  of the group is substantially in compliance with s. 627.663;

29  an association group to cover persons associated in any other

30  common group, which common group is formed primarily for

31  purposes other than providing insurance; a group that is

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    Florida Senate - 2005                                   SB 560
    39-600-05




 1  established primarily for the purpose of providing group

 2  insurance, provided the benefits are reasonable in relation to

 3  the premiums charged thereunder and the issuance of the group

 4  policy has resulted, or will result, in economies of

 5  administration; or a group of insurance agents of an insurer,

 6  which insurer is the policyholder;

 7         (b)  Certificates evidencing coverage under the policy

 8  are issued to residents of this state and contain in

 9  contrasting color and not less than 10-point type the

10  following statement:  "The benefits of the policy providing

11  your coverage are governed primarily by the law of a state

12  other than Florida"; and

13         (c)  The policy provides the benefits specified in ss.

14  627.419, 627.6574, 627.6575, 627.6579, 627.6612, 627.66121,

15  627.66122, 627.6613, 627.6614, 627.667, 627.6675, 627.6691,

16  and 627.66911.

17         (d)  Applications for certificates of coverage offered

18  to residents of this state must contain, in contrasting color

19  and not less than 12-point type, the following statement on

20  the same page as the applicant's signature:

21  

22         "This policy is primarily governed by the laws

23         of ...insert state where the master policy if

24         filed.... As a result, all of the rating laws

25         applicable to policies filed in this state do

26         not apply to this coverage, which may result in

27         increases in your premium at renewal that would

28         not be permissible under a Florida-approved

29         policy. Any purchase of individual health

30         insurance should be considered carefully, as

31         future medical conditions may make it

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    Florida Senate - 2005                                   SB 560
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 1         impossible to qualify for another individual

 2         health policy. For information concerning

 3         individual health coverage under a

 4         Florida-approved policy, consult your agent or

 5         the Florida Department of Financial Services."

 6  

 7  This paragraph applies only to group certificates providing

 8  health insurance coverage which require individualized

 9  underwriting to determine coverage eligibility for an

10  individual or premium rates to be charged to an individual

11  except for the following:

12         1.  Policies issued to provide coverage to groups of

13  persons all of whom are in the same or functionally related

14  licensed professions, and providing coverage only to such

15  licensed professionals, their employees, or their dependents;

16         2.  Policies providing coverage to small employers as

17  defined by s. 627.6699. Such policies shall be subject to, and

18  governed by, the provisions of s. 627.6699;

19         3.  Policies issued to a bona fide association, as

20  defined by s. 627.6571(5), provided that there is a person or

21  board acting as a fiduciary for the benefit of the members,

22  and such association is not owned, controlled by, or otherwise

23  associated with the insurance company; or

24         4.  Any accidental death, accidental death and

25  dismemberment, accident-only, vision-only, dental-only,

26  hospital indemnity-only, hospital accident-only, cancer,

27  specified disease, Medicare supplement, products that

28  supplement Medicare, long-term care, or disability income

29  insurance, or similar supplemental plans provided under a

30  separate policy, certificate, or contract of insurance, which

31  cannot duplicate coverage under an underlying health plan,

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    Florida Senate - 2005                                   SB 560
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 1  coinsurance, or deductibles or coverage issued as a supplement

 2  to workers' compensation or similar insurance, or automobile

 3  medical-payment insurance.

 4         Section 5.  This act shall take effect October 1, 2005.

 5  

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 7                          SENATE SUMMARY

 8    Requires an individual health insurance policy, a group
      health insurance policy, or a contract by a health
 9    maintenance organization to cover services needed to
      treat congenital craniofacial anomalies as authorized by
10    a physician.

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