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
    39-600-05
 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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