Senate Bill sb2228

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2228

    By Senator Saunders





    37-825A-06                                              See HB

  1                      A bill to be entitled

  2         An act relating to small employer health

  3         insurance; creating s. 627.66991, F.S.;

  4         establishing a program to make small employer

  5         health insurance contracts available to

  6         qualifying small employers and individuals;

  7         limiting participation to small group carriers

  8         and requiring small group carriers to

  9         participate; defining the terms "qualifying

10         small employer," "qualifying small employer

11         health insurance contract," "qualifying

12         individual," and "qualifying individual health

13         insurance contract"; establishing criteria for

14         eligibility of qualifying small employers;

15         requiring approval of contracts by the

16         Commissioner of Insurance Regulation;

17         specifying required benefits under qualifying

18         small employer health insurance contracts

19         issued by small group carriers; subjecting

20         required benefits to certain copayment and

21         deductible requirements; authorizing the

22         commissioner to modify such requirements under

23         certain circumstances; authorizing the

24         commissioner to establish additional benefit

25         packages for certain purposes; providing

26         additional contract requirements, procedures,

27         and limitations; providing program contract

28         application requirements; specifying a

29         preexisting condition limitation; providing for

30         election to include employees' dependents;

31         specifying participation requirements for

                                  1

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






    Florida Senate - 2006                                  SB 2228
    37-825A-06                                              See HB




 1         qualifying small employers; specifying premium

 2         rate calculation requirements; requiring small

 3         group carriers to submit certain reports to the

 4         Office of Insurance Regulation; creating s.

 5         627.66992, F.S.; requiring the commissioner to

 6         establish a fund for reimbursing small group

 7         carriers for claims paid under qualifying small

 8         group health insurance contracts; providing an

 9         effective date.

10  

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

12  

13         Section 1.  Section 627.66991, Florida Statutes, is

14  created to read:

15         627.66991  Small employer health insurance contracts

16  for qualifying small employers and individuals.--

17         (1)(a)  There is established a program for the purpose

18  of making small employer health insurance contracts available

19  to qualifying small employers and qualifying individuals as

20  defined in this section. The program is designed to encourage

21  small employers to offer health insurance coverage to their

22  employees and to make coverage available to uninsured

23  employees whose employers do not provide group health

24  insurance.

25         (b)  Participation in the program established by this

26  section and s. 627.66992 is limited to small group carriers.

27  Participation by all small group carriers is mandatory. On and

28  after January 1, 2007, all small group carriers shall offer

29  qualifying small employer health insurance contracts and

30  qualifying individual health insurance contracts as defined in

31  this section.

                                  2

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






    Florida Senate - 2006                                  SB 2228
    37-825A-06                                              See HB




 1         (2)  For the purposes of insurance contracts offered

 2  under the program established by this section:

 3         (a)1.  The term "qualifying small employer" means:

 4         a.  An employer who is an individual proprietor who is

 5  the only employee of the business and who:

 6         (I)  Has no health insurance that provides benefits on

 7  an expense reimbursed or prepaid basis in effect during the

 8  12-month period prior to application for a qualifying small

 9  employer health insurance contract under the program

10  established by this section; however, this

11  sub-sub-subparagraph does not apply if the individual

12  proprietor had health insurance coverage during the previous

13  12 months and such coverage terminated due to one of the

14  reasons specified in subparagraph (c)2.; and

15         (II)  Resides in a household having a net household

16  income at or below 250 percent of the nonfarm federal poverty

17  level, as defined and updated by the United States Department

18  of Health and Human Services, or the gross equivalent of such

19  net income; or

20         b.  An employer having:

21         (I)  Not more than 50 eligible employees;

22         (II)  No group health insurance that provides benefits

23  on an expense reimbursed or prepaid basis covering employees

24  in effect during the 12-month period prior to application for

25  a qualifying small employer health insurance contract under

26  the program established by this section; and

27         (III)  At least 30 percent of its eligible employees

28  receiving annual wages from the employer at a level equal to

29  or less than $33,000. The $33,000 amount shall be adjusted

30  periodically pursuant to subparagraph 2.

31  

                                  3

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






    Florida Senate - 2006                                  SB 2228
    37-825A-06                                              See HB




 1         2.  The 12-month period set forth in

 2  sub-sub-subparagraphs 1.a.(I) and b.(II) may be adjusted by

 3  the Commissioner of Insurance Regulation from 12 months to 18

 4  months if the commissioner determines that the 12-month period

 5  is insufficient to prevent inappropriate substitution of other

 6  health insurance contracts for qualifying small employer

 7  health insurance contracts.

 8         3.  An individual proprietor or employer shall cease to

 9  be a qualifying small employer if any health insurance that

10  provides benefits on an expense reimbursed or prepaid basis

11  covering the individual proprietor or an employer's employees,

12  other than qualifying small employer health insurance

13  purchased pursuant to this section, is purchased or otherwise

14  takes effect subsequent to purchase of qualifying small

15  employer health insurance under the program established by

16  this section.

17         4.  The wage levels used in sub-sub-subparagraph

18  1.b.(III) shall be adjusted annually beginning in 2008. The

19  adjustment shall take effect on July 1 of each year. For July

20  1, 2008, the adjustment shall be a percentage of the annual

21  wage figure specified in sub-sub-subparagraph 1.b.(III). For

22  subsequent years, the adjustment shall be a percentage of the

23  annual wage figure that took effect on July 1 of the prior

24  year. The percentage adjustment shall be the same percentage

25  by which the current year's nonfarm federal poverty level, as

26  defined and updated by the United States Department of Health

27  and Human Services, for a family unit of four persons for the

28  48 contiguous states and Washington, D.C., changed from the

29  same level established for the prior year.

30         (b)  The term "qualifying small employer health

31  insurance contract" means a small group contract purchased

                                  4

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






    Florida Senate - 2006                                  SB 2228
    37-825A-06                                              See HB




 1  from a small group carrier by a qualifying small employer

 2  which provides the benefits set forth in subsection (3). The

 3  contract must ensure that not less than 50 percent of the

 4  employees are eligible for coverage.

 5         (c)1.  The term "qualifying individual" means an

 6  employed person:

 7         a.  Who does not have and has not had health insurance

 8  with benefits on an expense reimbursed or prepaid basis during

 9  the 12-month period prior to the individual's application for

10  health insurance under the program established by this

11  section;

12         b.  Whose employer does not provide group health

13  insurance and has not provided group health insurance with

14  benefits on an expense reimbursed or prepaid basis covering

15  employees in effect during the 12-month period prior to the

16  individual's application for health insurance under the

17  program established by this section;

18         c.  Resides in a household having a net household

19  income at or below 250 percent of the nonfarm federal poverty

20  level, as defined and updated by the United States Department

21  of Health and Human Services, or the gross equivalent of such

22  net income; and

23         d.  Is ineligible for Medicare.

24         2.  The requirements specified in sub-sub-subparagraphs

25  (a)1.a.(I) and b.(II) do not apply when an individual had

26  health insurance coverage during the previous 12 months and

27  such coverage terminated due to:

28         a.  Loss of employment due to factors other than

29  voluntary separation;

30  

31  

                                  5

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






    Florida Senate - 2006                                  SB 2228
    37-825A-06                                              See HB




 1         b.  The death of a family member which resulted in

 2  termination of coverage under a health insurance contract

 3  under which the individual is covered;

 4         c.  A change of employers to one who does not provide

 5  group health insurance with benefits on an expense reimbursed

 6  or prepaid basis;

 7         d.  A change of residence resulting in employer-based

 8  health insurance with benefits on an expense reimbursed or

 9  prepaid basis becoming unavailable;

10         e.  A discontinuation of a small employer health

11  insurance contract with benefits on an expense reimbursed or

12  prepaid basis covering the qualifying individual as an

13  employee or dependent;

14         f.  Expiration of the coverage periods established by

15  the continuation provisions of the Employee Retirement Income

16  Security Act, 29 U.S.C. ss. 1161 et seq., and the Public

17  Health Service Act, 42 U.S.C. ss. 300bb-1 et seq., established

18  by the Consolidated Omnibus Budget Reconciliation Act of 1985,

19  as amended, or the continuation provisions of s. 627.6692;

20         g.  Legal separation, divorce, or annulment that

21  results in termination of coverage under a health insurance

22  contract under which the individual is covered; or

23         h.  Loss of eligibility under a group health plan.

24         3.  The 12-month period set forth in

25  sub-sub-subparagraphs (a)1.a.(I) and b.(II) may be adjusted by

26  the Commissioner of Insurance Regulation from 12 months to 18

27  months if the commissioner determines that the 12-month period

28  is insufficient to prevent inappropriate substitution of other

29  health insurance contracts for qualifying individual health

30  insurance contracts.

31  

                                  6

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






    Florida Senate - 2006                                  SB 2228
    37-825A-06                                              See HB




 1         (d)  The term "qualifying individual health insurance

 2  contract" means an individual contract issued directly to a

 3  qualifying individual which provides the benefits set forth in

 4  subsection (3). At the option of the qualifying individual,

 5  such contract may include coverage for dependents of the

 6  qualifying individual.

 7         (3)  The contracts issued pursuant to this section by

 8  small group carriers shall be approved by the Commissioner of

 9  Insurance Regulation and shall only include the following

10  benefits:

11         (a)  Inpatient hospital services consisting of daily

12  room and board, general nursing care, special diets, and

13  miscellaneous hospital services and supplies.

14         (b)  Outpatient hospital services consisting of

15  diagnostic and treatment services.

16         (c)  Physician services consisting of diagnostic and

17  treatment services; consultant and referral services; surgical

18  services, including, but not limited to, breast reconstruction

19  surgery after a mastectomy; anesthesia services; second

20  surgical opinion; and a second opinion for cancer treatment.

21         (d)  Outpatient surgical facility charges related to a

22  covered surgical procedure.

23         (e)  Preadmission testing.

24         (f)  Maternity care.

25         (g)  Adult preventive health services consisting of

26  mammography screening, cervical cytology screening, periodic

27  physical examinations no more than once every 3 years, and

28  adult immunizations.

29         (h)  Preventive and primary health care services for

30  dependent children, including, but not limited to, routine

31  well-child visits and necessary immunizations.

                                  7

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






    Florida Senate - 2006                                  SB 2228
    37-825A-06                                              See HB




 1         (i)  Equipment, supplies, and self-management education

 2  for the treatment of diabetes.

 3         (j)  Diagnostic X-ray and laboratory services.

 4         (k)  Emergency services.

 5         (l)  Therapeutic services consisting of radiologic

 6  services, chemotherapy, and hemodialysis.

 7         (m)  Blood and blood products furnished in connection

 8  with surgery or inpatient hospital services.

 9         (n)  Prescription drugs obtained at a participating

10  pharmacy. In addition to providing coverage at a participating

11  pharmacy, health maintenance organizations may use a mail

12  order prescription drug program. Small group carriers may

13  provide prescription drugs pursuant to a drug formulary;

14  however, small group carriers shall implement an appeals

15  process so that the use of nonformulary prescription drugs may

16  be requested by a physician.

17         (o)  Any other benefits mandated by this section.

18         (4)  The benefits provided in the contracts described

19  in subsection (3) are subject to the following requirements:

20         (a)  Inpatient hospital services shall have a $500

21  copayment for each continuous hospital confinement.

22         (b)  Surgical services shall be subject to a copayment

23  of the lesser of 20 percent of the cost of such services or

24  $200 per occurrence.

25         (c)  Outpatient surgical facility charges shall be

26  subject to a facility copayment charge of $75 per occurrence.

27         (d)  Emergency services shall have a $50 copayment that

28  shall be waived if hospital admission results from the

29  emergency room visit.

30         (e)  Prescription drugs shall have a $100

31  per-calendar-year deductible per individual. After the

                                  8

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






    Florida Senate - 2006                                  SB 2228
    37-825A-06                                              See HB




 1  deductible is satisfied, each 30-day supply of a prescription

 2  drug shall be subject to a copayment. The copayment shall be

 3  $10 if the drug is a generic drug. The copayment for a brand

 4  name drug shall be $20 plus the difference in cost between the

 5  brand name drug and the equivalent generic drug. If a mail

 6  order drug program is used, a $20 copayment shall be imposed

 7  on a 90-day supply of generic prescription drugs. A $40

 8  copayment plus the difference in cost between the brand name

 9  drug and the equivalent generic drug shall be imposed on a

10  90-day supply of brand name prescription drugs. In no event

11  shall the copayment exceed the cost of the prescribed drug.

12         (f)  The maximum coverage for prescription drugs shall

13  be $3,000 per individual in a calendar year.

14         (g)  All other services shall have a $20 copayment with

15  the exception of prenatal care, which shall have a $10

16  copayment.

17  

18  By order, the Commissioner of Insurance may modify the

19  copayment and deductible amounts described in this subsection

20  if the commissioner determines such modifications are

21  necessary to facilitate implementation of this section. On or

22  after January 1, 2007, the commissioner, by order, may

23  establish one or more additional small employer health

24  insurance benefit packages if the commissioner determines

25  additional benefit packages with different levels of benefits

26  are necessary to meet the needs of the public.

27         (5)  A small group carrier shall offer the benefit

28  package without change or additional benefits. Qualifying

29  small employers shall be issued the benefit package in a

30  qualifying small employer health insurance contract.

31  

                                  9

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






    Florida Senate - 2006                                  SB 2228
    37-825A-06                                              See HB




 1  Qualifying individuals shall be issued the benefit package in

 2  a qualifying individual health insurance contract.

 3         (6)  A small group carrier shall obtain from the

 4  employer or individual written certification at the time of

 5  initial application and annually thereafter 90 days prior to

 6  the contract renewal date that such employer or individual

 7  meets the requirements of a qualifying small group employer or

 8  a qualifying individual pursuant to this section. A small

 9  group carrier may require the submission of appropriate

10  documentation in support of the certification.

11         (7)  Applications for qualifying small employer health

12  insurance contracts and qualifying individual health insurance

13  contracts must be accepted from any qualifying individual and

14  any qualifying small employer at any time during the year. The

15  commissioner, by order, may require small group carriers to

16  give preference to qualifying small employers whose eligible

17  employees have the lowest average salaries.

18         (8)  All coverage under a qualifying small employer

19  health insurance contract or a qualifying individual health

20  insurance contract is subject to a preexisting condition

21  limitation provision as set forth in s. 627.6561, including

22  the crediting requirements under that section. The

23  underwriting of such contracts may not involve more than the

24  imposition of a preexisting condition limitation.

25         (9)  A qualifying small employer shall elect whether to

26  provide coverage under the qualifying small employer health

27  insurance contract to dependents of employees. Any employee or

28  dependent who is enrolled in Medicare is ineligible for such

29  coverage unless required by federal law. Dependents of an

30  employee who is enrolled in Medicare are eligible for

31  

                                  10

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






    Florida Senate - 2006                                  SB 2228
    37-825A-06                                              See HB




 1  dependent coverage provided the dependent is not also enrolled

 2  in Medicare.

 3         (10)  A qualifying small employer shall pay at least 50

 4  percent of the premium for employees covered under a

 5  qualifying small employer health insurance contract and shall

 6  offer coverage to all employees receiving annual wages at a

 7  level of $33,000 or less, and at least one such employee shall

 8  accept such coverage. The $33,000 wage level shall be adjusted

 9  periodically in accordance with subparagraph (2)(a)2. The

10  employer premium contribution shall be the same percentage for

11  all covered employees.

12         (11)  Premium rate calculations for qualifying small

13  employer health insurance contracts and qualifying individual

14  health insurance contracts shall be subject to the following:

15         (a)  Rates must be in accordance with the modified

16  community rating provisions of s. 627.6699(6), excluding the

17  provisions of s. 627.6699(6)(b)5.

18         (b)  Claims experience under contracts issued to

19  qualifying small employers and to qualifying individuals must

20  be pooled for rate-setting purposes. The premium rates for

21  qualifying small employer health insurance contracts and

22  qualifying individual health insurance contracts must be the

23  same.

24         (12)  A small group carrier shall submit reports to the

25  office in such form and at times as may be reasonably required

26  in order to evaluate the operations and results of the small

27  employer health insurance program established by this section.

28         Section 2.  Section 627.66992, Florida Statutes, is

29  created to read:

30         627.66992  Stop-loss funds for standardized health

31  insurance contracts issued to qualifying small employers and

                                  11

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






    Florida Senate - 2006                                  SB 2228
    37-825A-06                                              See HB




 1  qualifying individuals.--The Commissioner of Insurance

 2  Regulation shall establish a fund from which a small group

 3  carrier may receive reimbursement, to the extent of funds

 4  available for such reimbursement, for claims paid by such

 5  small group carrier for members covered under qualifying small

 6  group health insurance contracts issued pursuant to s.

 7  627.66991.

 8         Section 3.  This act shall take effect July 1, 2006.

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  12

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