HB 811

1
A bill to be entitled
2An act relating to health insurance; amending s. 627.638,
3F.S.; proscribing insurance contracts from prohibiting
4payment of benefits directly to a licensed hospital,
5physician, and dentist for certain care; providing a
6claims form requirement; amending s. 627.6699, F.S.;
7revising application of the act; providing construction;
8authorizing carriers to offer coverage to certain
9employees without being subject to the act under certain
10circumstances; providing requirements; providing an
11effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Subsection (2) of section 627.638, Florida
16Statutes, is amended to read:
17     627.638  Direct payment for hospital, medical services.--
18     (2)  Whenever, in any health insurance claim form, an
19insured specifically authorizes payment of benefits directly to
20any recognized hospital, or physician, or dentist, the insurer
21shall make such payment to the designated provider of such
22services, unless otherwise provided in the insurance contract.
23The insurance contract may not prohibit, and claims forms must
24provide option for, the payment of benefits directly to a
25licensed hospital, physician, and dentist for care provided
26pursuant to s. 395.1041.
27     Section 2.  Paragraph (a) of subsection (4) of section
28627.6699, 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
32provides coverage to employees of a small employer in this
33state, unless the coverage policy is marketed directly to the
34individual employee, and the employer does not contribute
35directly or indirectly to participate in the collection or
36distribution of premiums or facilitate the administration of the
37coverage policy in any manner. For the purposes of this
38subparagraph, an employer shall not be deemed to be contributing
39to the premiums or facilitating the administration of coverage
40if the employer does not contribute towards the premium and
41merely collects the premiums for such coverage from an
42employee's wages or salary through payroll deduction and submits
43payment for the premiums of one or more employees in a lump sum
44to a carrier.
45     2.  A carrier authorized to issue group or individual
46health benefit plans under chapter 627 or chapter 641 may offer
47coverage as described in this subparagraph to individual
48employees without being subject to this section if the employer
49has not had a group health benefit plan in place in the prior 6
50months. A carrier authorized to issue group or individual health
51benefit plans under chapter 627 or chapter 641 may offer
52coverage as described in this subparagraph to employees that are
53not eligible employees as defined in this section, whether or
54not the small employer has a group health benefit plan in place.
55A carrier that offers coverage as described in this subparagraph
56must provide a cancellation notice to the primary insured at
57least 10 days prior to canceling the coverage for nonpayment of
58premium.
59     Section 3.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.