1 | A bill to be entitled |
2 | An act relating to health insurance; amending s. 627.638, |
3 | F.S.; proscribing insurance contracts from prohibiting |
4 | payment of benefits directly to a licensed hospital, |
5 | physician, and dentist for certain care; providing a |
6 | claims form requirement; amending s. 627.6699, F.S.; |
7 | revising application of the act; providing construction; |
8 | authorizing carriers to offer coverage to certain |
9 | employees without being subject to the act under certain |
10 | circumstances; providing requirements; providing an |
11 | effective date. |
12 |
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13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
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15 | Section 1. Subsection (2) of section 627.638, Florida |
16 | Statutes, is amended to read: |
17 | 627.638 Direct payment for hospital, medical services.-- |
18 | (2) Whenever, in any health insurance claim form, an |
19 | insured specifically authorizes payment of benefits directly to |
20 | any recognized hospital, or physician, or dentist, the insurer |
21 | shall make such payment to the designated provider of such |
22 | services, unless otherwise provided in the insurance contract. |
23 | The insurance contract may not prohibit, and claims forms must |
24 | provide option for, the payment of benefits directly to a |
25 | licensed hospital, physician, and dentist for care provided |
26 | pursuant to s. 395.1041. |
27 | Section 2. Paragraph (a) of subsection (4) of section |
28 | 627.6699, Florida Statutes, is amended to read: |
29 | 627.6699 Employee Health Care Access Act.-- |
30 | (4) APPLICABILITY AND SCOPE.-- |
31 | (a)1. This section applies to a health benefit plan that |
32 | provides coverage to employees of a small employer in this |
33 | state, unless the coverage policy is marketed directly to the |
34 | individual employee, and the employer does not contribute |
35 | directly or indirectly to participate in the collection or |
36 | distribution of premiums or facilitate the administration of the |
37 | coverage policy in any manner. For the purposes of this |
38 | subparagraph, an employer shall not be deemed to be contributing |
39 | to the premiums or facilitating the administration of coverage |
40 | if the employer does not contribute towards the premium and |
41 | merely collects the premiums for such coverage from an |
42 | employee's wages or salary through payroll deduction and submits |
43 | payment for the premiums of one or more employees in a lump sum |
44 | to a carrier. |
45 | 2. A carrier authorized to issue group or individual |
46 | health benefit plans under chapter 627 or chapter 641 may offer |
47 | coverage as described in this subparagraph to individual |
48 | employees without being subject to this section if the employer |
49 | has not had a group health benefit plan in place in the prior 6 |
50 | months. A carrier authorized to issue group or individual health |
51 | benefit plans under chapter 627 or chapter 641 may offer |
52 | coverage as described in this subparagraph to employees that are |
53 | not eligible employees as defined in this section, whether or |
54 | not the small employer has a group health benefit plan in place. |
55 | A carrier that offers coverage as described in this subparagraph |
56 | must provide a cancellation notice to the primary insured at |
57 | least 10 days prior to canceling the coverage for nonpayment of |
58 | premium. |
59 | Section 3. This act shall take effect July 1, 2005. |