Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 482
                        Barcode 412394
                            CHAMBER ACTION
              Senate                               House
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       04/23/2006 01:31 PM         .                    
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11  The Committee on Banking and Insurance (Campbell) recommended
12  the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 627.64194, Florida Statutes, is
19  created to read:
20         627.64194  Services for the treatment of congenital
21  craniofacial anomalies.--A health insurance policy sold in
22  this state must provide coverage for all medically appropriate
23  and necessary equipment, supplies, supplements, and patient
24  self-management training and educational services used to
25  treat a congenital craniofacial anomaly if the patient's
26  treating physician or a physician who specializes in the
27  treatment of craniofacial anomalies certifies that such
28  services are necessary.
29         Section 2.  Section 627.6614, Florida Statutes, is
30  created to read:
31         627.6614  Services for the treatment of congenital
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 482
                        Barcode 412394
 1  craniofacial anomalies.--A group health insurance policy sold
 2  in this state must provide coverage for all medically
 3  appropriate and necessary equipment, supplies, supplements,
 4  and patient self-management training and educational services
 5  used to treat a congenital craniofacial anomaly if the
 6  patient's treating physician or a physician who specializes in
 7  the treatment of craniofacial anomalies certifies that such
 8  services are necessary.
 9         Section 3.  Present subsections (36), (37), (38), (39),
10  and (40) of section 641.31, Florida Statutes, are redesignated
11  as subsections (37), (38), (39), (40), and (41), respectively,
12  and a new subsection (36) is added to that section to read:
13         641.31  Health maintenance contracts.--
14         (36)  A health maintenance contract sold in this state
15  must provide coverage for all medically appropriate and
16  necessary equipment, supplies, supplements, and patient
17  self-management training and educational services used to
18  treat a congenital craniofacial anomaly if the patient's
19  treating physician or a physician who specializes in the
20  treatment of craniofacial anomalies certifies that such
21  services are necessary.
22         Section 4.  Subsection (2) of section 627.6515, Florida
23  Statutes, is amended to read:
24         627.6515  Out-of-state groups.--
25         (2)  Except as otherwise provided in this part, this
26  part does not apply to a group health insurance policy issued
27  or delivered outside this state under which a resident of this
28  state is provided coverage if:
29         (a)  The policy is issued to an employee group the
30  composition of which is substantially as described in s.
31  627.653; a labor union group or association group the
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 482
                        Barcode 412394
 1  composition of which is substantially as described in s.
 2  627.654; an additional group the composition of which is
 3  substantially as described in s. 627.656; a group insured
 4  under a blanket health policy when the composition of the
 5  group is substantially in compliance with s. 627.659; a group
 6  insured under a franchise health policy when the composition
 7  of the group is substantially in compliance with s. 627.663;
 8  an association group to cover persons associated in any other
 9  common group, which common group is formed primarily for
10  purposes other than providing insurance; a group that is
11  established primarily for the purpose of providing group
12  insurance, provided the benefits are reasonable in relation to
13  the premiums charged thereunder and the issuance of the group
14  policy has resulted, or will result, in economies of
15  administration; or a group of insurance agents of an insurer,
16  which insurer is the policyholder;
17         (b)  Certificates evidencing coverage under the policy
18  are issued to residents of this state and contain in
19  contrasting color and not less than 10-point type the
20  following statement:  "The benefits of the policy providing
21  your coverage are governed primarily by the law of a state
22  other than Florida"; and
23         (c)  The policy provides the benefits specified in ss.
24  627.419, 627.6574, 627.6575, 627.6579, 627.6612, 627.66121,
25  627.66122, 627.6613, 627.6614, 627.667, 627.6675, 627.6691,
26  and 627.66911.
27         (d)  Applications for certificates of coverage offered
28  to residents of this state must contain, in contrasting color
29  and not less than 12-point type, the following statement on
30  the same page as the applicant's signature:
31  
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 482
                        Barcode 412394
 1         "This policy is primarily governed by the laws
 2         of ...insert state where the master policy if
 3         filed.... As a result, all of the rating laws
 4         applicable to policies filed in this state do
 5         not apply to this coverage, which may result in
 6         increases in your premium at renewal that would
 7         not be permissible under a Florida-approved
 8         policy. Any purchase of individual health
 9         insurance should be considered carefully, as
10         future medical conditions may make it
11         impossible to qualify for another individual
12         health policy. For information concerning
13         individual health coverage under a
14         Florida-approved policy, consult your agent or
15         the Florida Department of Financial Services."
16  
17  This paragraph applies only to group certificates providing
18  health insurance coverage which require individualized
19  underwriting to determine coverage eligibility for an
20  individual or premium rates to be charged to an individual
21  except for the following:
22         1.  Policies issued to provide coverage to groups of
23  persons all of whom are in the same or functionally related
24  licensed professions, and providing coverage only to such
25  licensed professionals, their employees, or their dependents;
26         2.  Policies providing coverage to small employers as
27  defined by s. 627.6699. Such policies shall be subject to, and
28  governed by, the provisions of s. 627.6699;
29         3.  Policies issued to a bona fide association, as
30  defined by s. 627.6571(5), provided that there is a person or
31  board acting as a fiduciary for the benefit of the members,
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 482
                        Barcode 412394
 1  and such association is not owned, controlled by, or otherwise
 2  associated with the insurance company; or
 3         4.  Any accidental death, accidental death and
 4  dismemberment, accident-only, vision-only, dental-only,
 5  hospital indemnity-only, hospital accident-only, cancer,
 6  specified disease, Medicare supplement, products that
 7  supplement Medicare, long-term care, or disability income
 8  insurance, or similar supplemental plans provided under a
 9  separate policy, certificate, or contract of insurance, which
10  cannot duplicate coverage under an underlying health plan,
11  coinsurance, or deductibles or coverage issued as a supplement
12  to workers' compensation or similar insurance, or automobile
13  medical-payment insurance.
14         Section 5.  This act shall take effect October 1, 2006.
15  
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17  ================ T I T L E   A M E N D M E N T ===============
18  And the title is amended as follows:
19         Delete everything before the enacting clause
20  
21  and insert:  
22                      A bill to be entitled
23         An act relating to the treatment of congenital
24         craniofacial anomalies; creating ss. 627.64194
25         and 627.6614, F.S.; requiring an individual
26         health insurance policy or a group health
27         insurance policy to cover services needed to
28         treat congenital craniofacial anomalies as
29         authorized by a physician; amending s. 641.31,
30         F.S.; requiring a contract by a health
31         maintenance organization to cover services
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 482
                        Barcode 412394
 1         needed to treat congenital craniofacial
 2         anomalies as authorized by a physician;
 3         amending s. 627.6515, F.S., relating to
 4         out-of-state groups; conforming a
 5         cross-reference to changes made by the act;
 6         providing an effective date.
 7  
 8         WHEREAS, craniofacial anomalies are a group of
 9  deformities involving the growth of the head and facial bones,
10  and these anomalies are present at birth and vary in type and
11  severity, and
12         WHEREAS, experts agree that many factors contribute to
13  the development of craniofacial anomalies, some craniofacial
14  anomalies are a result of genetic mutations, and other
15  craniofacial anomalies may be a result of environmental
16  factors that scientists do not completely understand, and
17         WHEREAS, the most common types of craniofacial
18  anomalies include, but are not limited to, cleft lip, cleft
19  palate, craniosynostosis, hemifacial microsomia, vascular
20  malformation, hemangioma, and deformational or positional
21  plagiocephaly, and
22         WHEREAS, insurance companies often do not fully cover
23  the costs associated with treating congenital craniofacial
24  anomalies, NOW, THEREFORE,
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