Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. HB 1361, 1st Eng.
                        Barcode 763458
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 4/AD/3R          .                    
       05/05/2006 01:11 PM         .                    
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11  Senator Posey moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Lines 49-169, delete those lines
15  
16  and insert:  
17         Section 2.  Subsection (3) is added to section 627.642,
18  Florida Statutes, to read:
20         (3)  In addition to the outline of coverage, a policy
21  as specified in s. 627.6699(3)(k) must be accompanied by an
22  identification card that contains, at a minimum:
23         (a)  The name of the organization issuing the policy or
24  the name of the organization administering the policy,
25  whichever applies.
26         (b)  The name of the contract holder.
27         (c)  The type of plan only if the plan is filed in the
28  state, an indication that the plan is self-funded, or the name
29  of the network.
30         (d)  The member identification number, contract number,
31  and policy or group number, if applicable.
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Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1361, 1st Eng. Barcode 763458 1 (e) A contact phone number or electronic address for 2 authorizations. 3 (f) A phone number or electronic address whereby the 4 covered person or hospital, physician, or other person 5 rendering services covered by the policy may determine if the 6 plan is insured and may obtain a benefits verification in 7 order to estimate patient financial responsibility, in 8 compliance with privacy rules under the Health Insurance 9 Portability and Accountability Act. 10 (g) The national plan identifier, in accordance with 11 the compliance date set forth by the federal Department of 12 Health and Human Services. 13 14 The identification card must present the information in a 15 readily identifiable manner or, alternatively, the information 16 may be embedded on the card and available through magnetic 17 stripe or smart card. The information may also be provided 18 through other electronic technology. 19 Section 3. Subsection (3) of section 627.553, Florida 20 Statutes, is amended to read: 21 627.553 Debtor groups.--The lives of a group of 22 individuals may be insured under a policy issued to a creditor 23 or its parent holding company, or to a trustee or trustees or 24 agent designated by two or more creditors, which creditor, 25 holding company, affiliate, trustee or trustees, or agent 26 shall be deemed the policyholder, to insure debtors of the 27 creditor or creditors, subject to the following requirements: 28 (3) The amount of insurance on the life of any debtor 29 shall at no time exceed the amount owed by her or him which is 30 repayable in installments to the creditor or $50,000, 31 whichever is less, except that loans not exceeding 1 year's 2 9:06 PM 05/02/06 h136103e1c-24-s03
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1361, 1st Eng. Barcode 763458 1 duration shall not be subject to such limits. However, on such 2 loans not exceeding 1 year's duration, the limit of coverage 3 shall not exceed $50,000 with any one insurer. 4 Section 4. Present subsection (2) of section 627.657, 5 Florida Statutes, is renumbered as subsection (3), and a new 6 subsection (2) is added to that section, to read: 7 627.657 Provisions of group health insurance 8 policies.-- 9 (2) The medical policy as specified in s. 10 627.6699(3)(k) must be accompanied by an identification card 11 that contains, at a minimum: 12 (a) The name of the organization issuing the policy or 13 name of the organization administering the policy, whichever 14 applies. 15 (b) The name of the certificateholder. 16 (c) The type of plan only if the plan is filed in the 17 state, an indication that the plan is self-funded, or the name 18 of the network. 19 (d) The member identification number, contract number, 20 and policy or group number, if applicable. 21 (e) A contact phone number or electronic address for 22 authorizations. 23 (f) A phone number or electronic address whereby the 24 covered person or hospital, physician, or other person 25 rendering services covered by the policy may determine if the 26 plan is insured and may obtain a benefits verification in 27 order to estimate patient financial responsibility, in 28 compliance with privacy rules under the Health Insurance 29 Portability and Accountability Act. 30 (g) The national plan identifier, in accordance with 31 the compliance date set forth by the federal Department of 3 9:06 PM 05/02/06 h136103e1c-24-s03
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1361, 1st Eng. Barcode 763458 1 Health and Human Services. 2 3 The identification card must present the information in a 4 readily identifiable manner or, alternatively, the information 5 may be embedded on the card and available through magnetic 6 stripe or smart card. The information may also be provided 7 through other electronic technology. 8 Section 5. Paragraph (b) of subsection (1) of section 9 627.679, Florida Statutes, is amended to read: 10 627.679 Amount of insurance; disclosure.-- 11 (1) 12 (b) The total amount of credit life insurance on the 13 life of any debtor with respect to any loan or loans covered 14 in one or more insurance policies shall at no time exceed the 15 amount of the indebtedness $50,000 with any one creditor, 16 except that loans not exceeding 1 year's duration shall not be 17 subject to such limits, and on such loans not exceeding 1 18 year's duration, the limits of coverage shall not exceed 19 $50,000 with any one insurer. 20 Section 6. Subsection (2) of section 627.681, Florida 21 Statutes, is amended to read: 22 627.681 Term and evidence of insurance.-- 23 (2) The term of credit disability insurance on any 24 debtor insured under this section shall not exceed the term of 25 indebtedness 10 years, and for credit transactions that exceed 26 60 months, coverage shall not exceed 60 monthly indemnities. 27 Section 7. Section 627.902, Florida Statutes, is 28 amended to read: 29 627.902 Premium financing by an insurer or 30 subsidiary.-- 31 (1) An insurer, a subsidiary of an insurer, or a 4 9:06 PM 05/02/06 h136103e1c-24-s03
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1361, 1st Eng. Barcode 763458 1 corporation under substantially the same management or control 2 as an authorized insurer or group of authorized insurers may 3 finance property, casualty, surety, and marine insurance 4 premiums on policies issued or business produced by such 5 insurer or insurers; however, any such insurer, subsidiary, or 6 corporation or group of insurers that charges a total service 7 charge per year or rate of interest which is substantially 8 more than that provided in s. 627.901 shall be subject to part 9 XV of this chapter. Notwithstanding any other provision of 10 law, an insurer, a subsidiary of an insurer, or a corporation 11 under substantially the same management or control as an 12 authorized insurer or group of authorized insurers may charge 13 one-half of the additional charge provided in s. 627.840, and 14 the charges provided in s. 627.841. 15 (2) Nothing in this part or in part XV shall disallow 16 or otherwise apply to a discount for those who pay the entire 17 premium for the entire policy term at the inception of the 18 term if the discount is found to be actuarially justified by 19 the office and approved by the office pursuant to the 20 provisions of part I of this chapter. Such actuarially 21 justified and approved discount shall not be deemed a 22 component of or related to premium financing. 23 Section 8. Section 628.511, Florida Statutes, is 24 amended to read: 25 628.511 Clearing corporations Book entry accounting 26 system.-- 27 (1) The purpose of this section is to authorize 28 domestic insurers to utilize modern systems for holding and 29 transferring securities without physical delivery of 30 securities certificates, subject to appropriate rules of the 31 commission. 5 9:06 PM 05/02/06 h136103e1c-24-s03
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1361, 1st Eng. Barcode 763458 1 (2) The following terms are defined for use in this 2 section: 3 (a) "Securities" means instruments as defined in s. 4 678.1021. 5 (b) "Clearing corporation" means a clearing 6 corporation as defined in s. 678.1021. The term "clearing 7 corporation" also includes "treasury/reserve automated debt 8 entry securities system" and "treasury direct" book-entry 9 securities systems as established pursuant to 31 U.S.C. ss. 10 3100 et seq., 12 U.S.C. 391 and 5 U.S.C. 301. 11 (c) "Custodian" "Direct participant" means a national 12 bank, state bank or trust company, or broker or dealer that 13 which maintains an account in its name in a clearing 14 corporation and through which an insurance company 15 participates in a clearing corporation. 16 (d) "Federal Reserve book-entry system" means the 17 computerized systems sponsored by the United States Department 18 of the Treasury and agencies and instrumentalities of the 19 United States for holding and transferring securities of the 20 United States Government and such agencies and 21 instrumentalities, respectively, in Federal Reserve banks 22 through banks which are members of the Federal Reserve System 23 or which otherwise have access to such computerized systems. 24 (e) "Member bank" means a national bank, state bank or 25 trust company which is a member of the Federal Reserve System 26 and through which an insurer participates in the Federal 27 Reserve book-entry system. 28 (3) Notwithstanding any other provision of law, a 29 domestic insurer may deposit or arrange for the deposit of 30 securities held in or purchased for its general account and 31 its separate accounts in a clearing corporation or in the 6 9:06 PM 05/02/06 h136103e1c-24-s03
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1361, 1st Eng. Barcode 763458 1 Federal Reserve book-entry system. When securities are 2 deposited with a clearing corporation, certificates 3 representing securities of the same class of the same issuer 4 may be merged and held in bulk in the name of the nominee of 5 such clearing corporation with any other securities deposited 6 with such clearing corporation by any person, regardless of 7 the ownership of such securities, and certificates 8 representing securities of small denominations may be merged 9 into one or more certificates of larger denominations. The 10 records of any custodian bank through which an insurer holds 11 securities in the Federal Reserve book-entry system, and the 12 records of any custodian banks through which an insurer holds 13 securities in a clearing corporation , shall at all times show 14 that such securities are held for such insurer and for which 15 accounts thereof. Ownership of, and other interests in, such 16 securities may be transferred by bookkeeping entry on the 17 books of such clearing corporation or in the Federal Reserve 18 book-entry system without, in either case, physical delivery 19 of certificates representing such securities. 20 (4) The commission may adopt rules governing the 21 deposit by insurers of securities with clearing corporations 22 and in the Federal Reserve book-entry system. 23 Section 9. Paragraph (i) of subsection (2) of section 24 636.204, Florida Statutes, is amended to read: 25 636.204 License required.-- 26 (2) An application for a license to operate as a 27 discount medical plan organization must be filed with the 28 office on a form prescribed by the commission. Such 29 application must be sworn to by an officer or authorized 30 representative of the applicant and be accompanied by the 31 following, if applicable: 7 9:06 PM 05/02/06 h136103e1c-24-s03
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1361, 1st Eng. Barcode 763458 1 (i) A copy of the applicant's most recent financial 2 statements audited by an independent certified public 3 accountant. An applicant that is a subsidiary of a parent 4 entity that is publicly traded and that prepares audited 5 financial statements reflecting the consolidated operations of 6 the parent entity and the subsidiary may submit petition the 7 office to accept, in lieu of the audited financial statement 8 of the applicant, the audited financial statement of the 9 parent entity and a written guaranty by the parent entity that 10 the minimum capital requirements of the applicant required by 11 this part will be met by the parent entity. 12 Section 10. Subsection (1) of section 636.206, Florida 13 Statutes, is amended to read: 14 636.206 Examinations and investigations.-- 15 (1) The office may examine or investigate the business 16 and affairs of any discount medical plan organization if the 17 commissioner has reason to believe that the discount medical 18 plan organization is not complying with requirements of this 19 chapter. The office may order any discount medical plan 20 organization or applicant to produce any records, books, 21 files, advertising and solicitation materials, or other 22 information and may take statements under oath to determine 23 whether the discount medical plan organization or applicant is 24 in violation of the law or is acting contrary to the public 25 interest. The expenses incurred in conducting any examination 26 or investigation must be paid by the discount medical plan 27 organization or applicant. Examinations and investigations 28 must be conducted as provided in chapter 624. 29 Section 11. Subsection (1) of section 636.210, Florida 30 Statutes, is amended to read: 31 636.210 Prohibited activities of a discount medical 8 9:06 PM 05/02/06 h136103e1c-24-s03
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1361, 1st Eng. Barcode 763458 1 plan organization.-- 2 (1) A discount medical plan organization may not: 3 (a) Use in its advertisements, marketing material, 4 brochures, and discount cards the term "insurance" except as 5 otherwise provided in this part or as a disclaimer of any 6 relationship between discount medical plan organization 7 benefits and insurance; 8 (b) Use in its advertisements, marketing material, 9 brochures, and discount cards the terms "health plan," 10 "coverage," "copay," "copayments," "preexisting conditions," 11 "guaranteed issue," "premium," "PPO," "preferred provider 12 organization," or other terms in a manner that could 13 reasonably mislead a person into believing the discount 14 medical plan was health insurance; 15 (c) Have restrictions on free access to plan 16 providers, except for hospital services, including, but not 17 limited to, waiting periods and notification periods; or 18 (d) Pay providers any fees for medical services. 19 Section 12. Subsection (1) of section 636.216, Florida 20 Statutes, is amended to read: 21 636.216 Charge or form filings.-- 22 (1) All charges to members must be filed with the 23 office and any charge to members greater than $30 per month or 24 $360 per year for access to health care services other than 25 those provided by physicians licensed under chapter 458 or 26 chapter 459 or by hospitals licensed under chapter 395 must be 27 approved by the office before the charges can be used. Any 28 charge to members greater than $60 per month or $720 per year 29 for health care services that include services provided by 30 physicians licensed under chapter 458 or chapter 459 or by 31 hospitals licensed under chapter 395 must be approved by the 9 9:06 PM 05/02/06 h136103e1c-24-s03
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1361, 1st Eng. Barcode 763458 1 office before the charges can be used. The discount medical 2 plan organization has the burden of proof that the charges 3 bear a reasonable relation to the benefits received by the 4 member. 5 Section 13. Subsection (2) of section 636.218, Florida 6 Statutes, is amended to read: 7 636.218 Annual reports.-- 8 (2) Such reports must be on forms prescribed by the 9 commission and must include: 10 (a) Audited financial statements prepared in 11 accordance with generally accepted accounting principles 12 certified by an independent certified public accountant, 13 including the organization's balance sheet, income statement, 14 and statement of changes in cash flow for the preceding year. 15 An organization that is a subsidiary of a parent entity that 16 is publicly traded and that prepares audited financial 17 statements reflecting the consolidated operations of the 18 parent entity and the organization may petition the office to 19 accept, in lieu of the audited financial statement of the 20 organization, the audited financial statement of the parent 21 entity and a written guaranty by the parent entity that the 22 minimum capital requirements of the organization required by 23 this part will be met by the parent entity. 24 (a)(b) If different from the initial application or 25 the last annual report, a list of the names and residence 26 addresses of all persons responsible for the conduct of the 27 organization's affairs, together with a disclosure of the 28 extent and nature of any contracts or arrangements between 29 such persons and the discount medical plan organization, 30 including any possible conflicts of interest. 31 (b)(c) The number of discount medical plan members in 10 9:06 PM 05/02/06 h136103e1c-24-s03
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1361, 1st Eng. Barcode 763458 1 the state. 2 (c)(d) Such other information relating to the 3 performance of the discount medical plan organization as is 4 reasonably required by the commission or office. 5 Section 14. Subsection (1) of section 636.220, Florida 6 Statutes, is amended to read: 7 636.220 Minimum capital requirements.-- 8 (1) Each discount medical plan organization must at 9 all times maintain a net worth of at least $150,000. 10 (2) The office may not issue a license unless the 11 discount medical plan organization has a net worth of at least 12 $150,000, and each discount medical plan organization shall 13 certify in writing under oath at the time of licensure and 14 annually thereafter that the minimum capitalization 15 requirements of this part are satisfied. 16 Section 15. Section 636.230, Florida Statutes, is 17 amended to read: 18 636.230 Bundling discount medical plans with insurance 19 other products.--When a marketer or discount medical plan 20 organization sells a discount medical plan together with any 21 insurance other product, the fees for the discount medical 22 plan must be provided in writing to the member if the fees 23 exceed $30 per month for access to health care services other 24 than those provided by physicians licensed under chapter 458 25 or chapter 459, or by hospitals licensed under chapter 395, or 26 $60 per month for health care services that include services 27 provided by physicians licensed under chapter 458 or chapter 28 459 or by hospitals licensed under chapter 395. 29 Section 16. Present subsections (5) through (40) of 30 section 641.31, Florida Statutes, are renumbered as 31 subsections (6) through (41), respectively, and a new 11 9:06 PM 05/02/06 h136103e1c-24-s03
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1361, 1st Eng. Barcode 763458 1 subsection (5) is added to that section, to read: 2 641.31 Health maintenance contracts.-- 3 (5) The contract, certificate, or member handbook must 4 be accompanied by an identification card that contains, at a 5 minimum: 6 (a) The name of the organization offering the contract 7 or name of the organization administering the contract, 8 whichever applies. 9 (b) The name of the subscriber. 10 (c) A statement that the health plan is a health 11 maintenance organization. Only a health plan with a 12 certificate of authority issued under this chapter may be 13 identified as a health maintenance organization. 14 (d) The member identification number, contract number, 15 and group number, if applicable. 16 (e) A contact phone number or electronic address for 17 authorizations. 18 (f) A phone number or electronic address whereby the 19 covered person or hospital, physician, or other person 20 rendering services covered by the contract may determine if 21 the plan is insured and may obtain a benefits verification in 22 order to estimate patient financial responsibility, in 23 compliance with privacy rules under the Health Insurance 24 Portability and Accountability Act. 25 (g) The national plan identifier, in accordance with 26 the compliance date set forth by the federal Department of 27 Health and Human Services. 28 29 The identification card must present the information in a 30 readily identifiable manner or, alternatively, the information 31 may be embedded on the card and available through magnetic 12 9:06 PM 05/02/06 h136103e1c-24-s03
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1361, 1st Eng. Barcode 763458 1 stripe or smart card. The information may also be provided 2 through other electronic technology. 3 Section 17. Section 655.947, Florida Statutes, is 4 created to read: 5 655.947 Debt cancellation products.-- 6 (1) Debt cancellation products, including, but not 7 limited to, debt cancellation contracts, debt suspension 8 agreements, and guaranteed asset protection contracts, are 9 loan or lease contract terms, or modifications to loan or 10 lease contracts, under which a creditor agrees to cancel or 11 suspend all or part of a customer's obligation to make 12 payments upon the occurrence of specified events. Debt 13 cancellation products may be offered, and a fee charged, by 14 financial institutions and their subsidiaries subject to the 15 provisions of this section. As used in this section, the term 16 "financial institutions" includes those as defined in s. 17 655.005(1)(h) and insured depository institutions as defined 18 in 12 U.S.C. s. 1813. 19 (2) The commission shall adopt rules to administer 20 this section, which rules must be consistent with 12 C.F.R. 21 part 37, as amended. 22 23 24 ================ T I T L E A M E N D M E N T =============== 25 And the title is amended as follows: 26 Lines 8-19, delete those lines 27 28 and insert: 29 constituting insurance; amending s. 627.642, 30 F.S.; requiring an identification card 31 containing specified information to be given to 13 9:06 PM 05/02/06 h136103e1c-24-s03
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1361, 1st Eng. Barcode 763458 1 insureds who have health and accident 2 insurance; amending s. 627.553, F.S.; revising 3 certain limitations on certain amounts of life 4 insurance on a debtor; amending s. 627.657, 5 F.S.; requiring an identification card 6 containing specified information to be given to 7 insureds under group health insurance policies; 8 amending s. 627.679, F.S.; revising certain 9 limitations on certain amounts of life 10 insurance on a debtor; amending s. 627.681, 11 F.S.; revising a limitation on the term of 12 credit disability insurance; amending s. 13 627.902, F.S.; exempting certain lump-sum 14 premium payments from provisions relating to 15 premium financing; amending s. 628.511, F.S.; 16 revising the definitions of the terms "clearing 17 corporation" and "custodian"; deleting 18 definitions of the terms "book entry system" 19 and "member bank"; conforming changes; amending 20 s. 636.204, F.S.; revising the requirements for 21 an application to operate as a discount medical 22 plan organization; amending s. 636.206, F.S.; 23 authorizing the Office of Insurance Regulation 24 to examine the business affairs of a discount 25 medical plan organization under certain 26 conditions; amending s. 636.210, F.S.; 27 providing an exception to the prohibition of a 28 discount medical plan organization having 29 restrictions on free access to plan providers; 30 amending s. 636.216, F.S.; requiring certain 31 charges to members be approved by the office 14 9:06 PM 05/02/06 h136103e1c-24-s03
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1361, 1st Eng. Barcode 763458 1 before the charges can be used; amending s. 2 636.218, F.S.; deleting certain requirements 3 for annual reports submitted to the office; 4 amending s. 636.230, F.S.; revising the minimum 5 capital requirements for discount medical plan 6 organizations; requiring a discount medical 7 plan to be provided in writing under certain 8 conditions; amending s. 641.31, F.S.; requiring 9 that an identification card be given to persons 10 receiving health care services through a health 11 maintenance contract; amending s. 655.947, 12 F.S.; 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 15 9:06 PM 05/02/06 h136103e1c-24-s03