Senate Bill sb1924c2

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    Florida Senate - 2006                    CS for CS for SB 1924

    By the Committees on Health and Human Services Appropriations;
    Health Care; and Senators Peaden and Fasano




    603-2417-06

  1                      A bill to be entitled

  2         An act relating to long-term care coverage;

  3         reenacting and amending s. 409.9102, F.S.;

  4         directing the Agency for Health Care

  5         Administration, in consultation with the Office

  6         of Insurance Regulation and the Department of

  7         Children and Family Services, to amend the

  8         Medicaid state plan that established the

  9         Florida Long-Term Care Partnership Program for

10         purposes of compliance with provisions of the

11         Social Security Act; establishing a qualified

12         state Long-Term Care Insurance Partnership

13         Program in Florida; providing duties of the

14         program; requiring consultation with the Office

15         of Insurance Regulation and the Department of

16         Children and Family Services for the creation

17         of standards for certain information; providing

18         rulemaking authority to the agency for

19         implementation of s. 409.9102, F.S.; providing

20         rulemaking authority to the department

21         regarding determination of eligibility for

22         certain services; creating s. 627.94075, F.S.;

23         providing rulemaking authority to the Financial

24         Services Commission for the implementation of a

25         qualified state Long-Term Care Insurance

26         Partnership Program in Florida; repealing ss. 1

27         and 2 of ch. 2005-252, Laws of Florida, to

28         delete conflicting provisions relating to the

29         determination of eligibility for nursing and

30         rehabilitative services and the establishment

31         of the Florida Long-Term Care Partnership

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    Florida Senate - 2006                    CS for CS for SB 1924
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 1         Program that were contingent upon amendment to

 2         the Social Security Act; amending s. 4 of ch.

 3         2005-252, Laws of Florida, to delete a

 4         contingency in an effective date; requiring the

 5         Office of Program Policy Analysis and

 6         Government Accountability to submit a report on

 7         the implementation of a qualified state

 8         Long-Term Care Insurance Partnership Program in

 9         Florida to the Governor and Legislature;

10         creating s. 627.94076, F.S.; requiring

11         long-term care insurance policies to provide

12         incontestability after a certain time period;

13         providing an exception; amending s. 627.9403,

14         F.S.; specifying that certain limited benefit

15         policies are a type of long-term care insurance

16         policy; deleting an exemption from a minimum

17         time period coverage requirement for certain

18         limited benefit policies; amending s. 627.9404,

19         F.S.; revising definitions; amending s.

20         627.9407, F.S.; revising certain restrictions

21         on long-term care insurance policies; providing

22         additional rate structure requirements for

23         long-term care insurance policies; amending s.

24         641.2018, F.S.; correcting a cross-reference;

25         providing application; providing an

26         appropriation; providing an effective date.

27  

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

29  

30  

31  

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    Florida Senate - 2006                    CS for CS for SB 1924
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 1         Section 1.  Section 409.9102, Florida Statutes, as

 2  created by section 2 of chapter 2005-252, Laws of Florida, is

 3  reenacted and amended to read:

 4         (Substantial rewording of section. See

 5         s. 409.9102, F.S., for present text.)

 6         409.9102  A qualified state Long-Term Care Insurance

 7  Partnership Program in Florida.--The Agency for Health Care

 8  Administration, in consultation with the Office of Insurance

 9  Regulation and the Department of Children and Family Services,

10  is directed to establish a qualified state Long-Term Care

11  Insurance Partnership Program in Florida, in compliance with

12  the requirements of s. 1917(b) of the Social Security Act, as

13  amended.

14         (1)  The program shall:

15         (a)  Provide incentives for an individual to obtain or

16  maintain insurance to cover the cost of long-term care.

17         (b)  Provide a mechanism to qualify for coverage of the

18  costs of long-term care needs under Medicaid without first

19  being required to substantially exhaust his or her assets,

20  including a provision for the disregard of any assets in an

21  amount equal to the insurance benefit payments that are made

22  to or on behalf of an individual who is a beneficiary under

23  the program.

24         (c)  Alleviate the financial burden on the state's

25  medical assistance program by encouraging the pursuit of

26  private initiatives.

27         (2)  The Agency for Health Care Administration, in

28  consultation with the Office of Insurance Regulation and the

29  Department of Children and Family Services, and in accordance

30  with federal guidelines, shall create standards for long-term

31  care partnership program information distributed to

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    Florida Senate - 2006                    CS for CS for SB 1924
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 1  individuals through insurance companies offering approved

 2  long-term care partnership program policies.

 3         (3)  The Agency for Health Care Administration is

 4  authorized to amend the Medicaid state plan and adopt rules

 5  pursuant to ss. 120.536(1) and 120.54 to implement this

 6  section.

 7         (4)  The Department of Children and Family Services,

 8  when determining eligibility for Medicaid long-term care

 9  services for an individual who is the beneficiary of an

10  approved long-term care partnership program policy, shall

11  reduce the total countable assets of the individual by an

12  amount equal to the insurance benefit payments that are made

13  to or on behalf of the individual. The department is

14  authorized to adopt rules pursuant to ss. 120.536(1) and

15  120.54 to implement this subsection.

16         Section 2.  Section 627.94075, Florida Statutes, is

17  created to read:

18         627.94075  A qualified state Long-Term Care Insurance

19  Partnership Program in Florida.--The commission may adopt

20  rules pursuant to ss. 120.536(1) and 120.54 to implement

21  applicable provisions of a qualified state Long-Term Care

22  Insurance Partnership Program in Florida in accordance with

23  the requirements of s. 1917(b) of the Social Security Act, as

24  amended, any applicable federal guidelines, and any rules

25  necessary to ensure program compliance by insurers as provided

26  in s. 409.9102.

27         Section 3.  Sections 1 and 2 of chapter 2005-252, Laws

28  of Florida, are repealed.

29         Section 4.  Section 4 of chapter 2005-252, Laws of

30  Florida, is amended to read:

31  

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    Florida Senate - 2006                    CS for CS for SB 1924
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 1         Section 4.  This act shall take effect upon becoming a

 2  law, except that the amendments to section 409.905, Florida

 3  Statutes, and the newly created section 409.9102, Florida

 4  Statutes, provided in this act shall take effect contingent

 5  upon amendment to section 1917(b)(1)(c) of the Social Security

 6  Act by the United States Congress to delete the "May 14,

 7  1993," deadline for approval by states of long-term care

 8  partnership plans.

 9         Section 5.  The Office of Program Policy Analysis and

10  Government Accountability is directed to prepare a report on

11  the implementation of a qualified state Long-Term Care

12  Insurance Partnership Program in Florida. The report shall

13  include data on the number and value of policies sold and the

14  geographic areas in which the policies were purchased, a

15  demographic description of the policyholders, and other

16  information necessary to evaluate the program. The report

17  shall be provided to the Governor, the President of the

18  Senate, and the Speaker of the House of Representatives by

19  January 31, 2009.

20         Section 6.  Section 627.94076, Florida Statutes, is

21  created to read:

22         627.94076  Time limit on certain

23  defenses.--Notwithstanding the provisions of s. 627.607, each

24  long-term care insurance policy shall provide that the policy

25  shall be incontestable after it has been in force during the

26  lifetime of the insured for a period of 2 years after its date

27  of issue except for nonpayment of premiums.

28         Section 7.  Section 627.9403, Florida Statutes, is

29  amended to read:

30         627.9403  Scope.--The provisions of this part shall

31  apply to long-term care insurance policies delivered or issued

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    Florida Senate - 2006                    CS for CS for SB 1924
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 1  for delivery in this state, and to policies delivered or

 2  issued for delivery outside this state to the extent provided

 3  in s. 627.9406, by an insurer, a fraternal benefit society as

 4  defined in s. 632.601, a health maintenance organization as

 5  defined in s. 641.19, a prepaid health clinic as defined in s.

 6  641.402, or a multiple-employer welfare arrangement as defined

 7  in s. 624.437. A policy which is advertised, marketed, or

 8  offered as a long-term care policy and as a Medicare

 9  supplement policy shall meet the requirements of this part and

10  the requirements of ss. 627.671-627.675 and, to the extent of

11  a conflict, be subject to the requirement that is more

12  favorable to the policyholder or certificateholder. The

13  provisions of this part shall not apply to a continuing care

14  contract issued pursuant to chapter 651 and shall not apply to

15  guaranteed renewable policies issued prior to October 1, 1988.

16  Any limited benefit policy that limits coverage to care in a

17  nursing home or to one or more lower levels of care required

18  or authorized to be provided by this part or by commission

19  rule is a type of long-term care insurance policy that must

20  meet all requirements of this part that apply to long-term

21  care insurance policies, except ss. 627.9407(3)(c), (9),

22  (10)(f), and (12) and 627.94073(2). If the limited benefit

23  policy does not provide coverage for care in a nursing home,

24  but does provide coverage for one or more lower levels of

25  care, the policy shall also be exempt from the requirements of

26  s. 627.9407(3)(d).

27         Section 8.  Subsections (1) and (7) of section

28  627.9404, Florida Statutes, are amended to read:

29         627.9404  Definitions.--For the purposes of this part:

30         (1)  "Long-term care insurance policy" means any

31  insurance policy or rider advertised, marketed, offered, or

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    Florida Senate - 2006                    CS for CS for SB 1924
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 1  designed to provide coverage on an expense-incurred,

 2  indemnity, prepaid, or other basis for one or more necessary

 3  or medically necessary diagnostic, preventive, therapeutic,

 4  curing, treating, mitigating, rehabilitative, maintenance, or

 5  personal care services provided in a setting other than an

 6  acute care unit of a hospital. Long-term care insurance shall

 7  not include any insurance policy which is offered primarily to

 8  provide basic Medicare supplement coverage, basic hospital

 9  expense coverage, basic medical-surgical expense coverage,

10  hospital confinement indemnity coverage, major medical expense

11  coverage, disability income protection coverage, accident only

12  coverage, specified disease or specified accident coverage, or

13  limited benefit health insurance coverage not otherwise

14  defined as long-term care insurance.

15         (7)  "Limited benefit policy" means any long-term care

16  insurance policy that limits coverage to care in a nursing

17  home or to one or more lower levels of care required or

18  authorized to be provided by this part or by commission rule.

19         Section 9.  Subsections (3) and (7) of section

20  627.9407, Florida Statutes, are amended to read:

21         627.9407  Disclosure, advertising, and performance

22  standards for long-term care insurance.--

23         (3)  RESTRICTIONS.--A long-term care insurance policy

24  may not:

25         (a)  Be canceled, nonrenewed, or otherwise terminated

26  on the grounds of the age or the deterioration of the mental

27  or physical health of the insured individual or

28  certificateholder; however, the office may authorize

29  nonrenewal for an insurer on a statewide basis on terms and

30  conditions determined to be necessary by the office to protect

31  the interests of the insureds, if the insurer demonstrates

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    Florida Senate - 2006                    CS for CS for SB 1924
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 1  that renewal will jeopardize the insurer's solvency or that

 2  substantial and unexpected loss experience cannot reasonably

 3  be mitigated or remedied.

 4         (b)  Contain a provision establishing a new waiting

 5  period in the event existing coverage is converted to or

 6  replaced by a new or other form within the same insurer or any

 7  affiliated insurer, except with respect to an increase in

 8  benefits voluntarily selected by the insured individual or

 9  group policyholder.

10         (c)  Restrict its coverage to care only in a nursing

11  home licensed pursuant to part II of chapter 400 or provide

12  significantly more coverage for such care than coverage for

13  lower levels of care. The commission shall adopt rules

14  defining what constitutes significantly more coverage in

15  nursing homes licensed pursuant to part II of chapter 400 than

16  for lower levels of care.

17         (d)  Provide coverage for less than 24 consecutive

18  months for nursing home care for each covered person.

19         (d)(e)  Contain an elimination period in excess of 180

20  days. As used in this paragraph, the term "elimination period"

21  means the number of days at the beginning of a period of

22  confinement for which no benefits are payable.

23         (7)  RATE STRUCTURE.--

24         (a)  A long-term care insurance policy may not be

25  issued if the premiums to be charged are calculated to

26  increase based solely on the age of the insured.

27         (b)  Any long-term care insurance policy or certificate

28  issued or renewed, at the option of the policyholder or

29  certificateholder, shall make available to the insured the

30  contingent benefit upon lapse as provided in the Long-Term

31  Care Insurance Model Regulation adopted by the National

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    Florida Senate - 2006                    CS for CS for SB 1924
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 1  Association of Insurance Commissioners in the second quarter

 2  of the year 2000.

 3         (c)  Any premium increase for existing insureds shall

 4  not result in a premium charged to the insureds that would

 5  exceed the premium charged on a newly issued insurance policy,

 6  except to reflect benefit differences. If the insurer is not

 7  currently issuing new coverage, the new business rate shall be

 8  as published by the office at the rate representing the new

 9  business rate of insurers representing 80 percent of the

10  carriers currently issuing policies with similar coverage as

11  determined by the prior calendar year earned premium.

12         (d)  Compliance with the pooling provisions of s.

13  627.410(6)(e)3. shall be determined by pooling the experience

14  of all affiliated insurers.

15         Section 10.  Subsection (3) of section 641.2018,

16  Florida Statutes, is amended to read:

17         641.2018  Limited coverage for home health care

18  authorized.--

19         (3)  Any contract that limits coverage to home health

20  care benefits as provided in this section must also meet all

21  of the requirements of ss. 627.9403-627.9408 of the Long-Term

22  Care Insurance Act, except s. 627.9407(3)(c), (d), and (9).

23         Section 11.  This act shall apply to long-term care

24  insurance policies issued or renewed on or after July 1, 2006.

25  For any long-term care insurance policy issued prior to July

26  1, 2006, the provisions of section 5 shall apply to such

27  policy only upon renewal of such policy on or after July 1,

28  2008, and the policy shall so provide by endorsement to the

29  policy.

30         Section 12.  For the 2006-2007 fiscal year, the sum of

31  $72,500 is appropriated from the Insurance Regulatory Trust

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    Florida Senate - 2006                    CS for CS for SB 1924
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 1  Fund to the Office of Insurance Regulation for the purpose of

 2  paying the salary and other administrative expenses for one

 3  full-time equivalent position to implement the provisions of

 4  this act.

 5         Section 13.  This act shall take effect upon becoming a

 6  law.

 7  

 8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 9                          CS for SB 1924

10                                 

11  Provides that a long-term care policy is incontestable after
    begin in force for two years, except in instances of
12  non-payment of premium.

13  Prohibits an insurer from imposing a new waiting period when a
    policy is replaced through an affiliated insurer.
14  
    Eliminates the current minimum nursing home benefit of 24
15  months of coverage.

16  Requires all existing policyholders to be given an option to
    receive contingent benefit options upon lapse in the event of
17  a significant rate increase. These options include a reduced
    benefit plan for the existing premium amount, a paid-up policy
18  equal to the sum of premiums paid to date, or continuation of
    current policy if the increased premiums are paid.
19  
    Prohibits existing policyholders from being charged premiums
20  that exceed the premiums the insurer is charging to new
    policyholders.
21  
    Requires insurers to pool the claims experience of all
22  affiliated carriers when calculating rates, rather than only
    the policy forms providing similar benefits of the insured.
23  
    Provides an appropriation of $72,000 for one full time
24  equivalent position in the Office of Insurance Regulation
    (OIR) to implement the provisions of the bill.
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