Senate Bill sb0086

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006        (Corrected Copy)            SB 86

    By Senator Lynn





    7-84-06

  1                      A bill to be entitled

  2         An act relating to providers of community

  3         mental health services or substance abuse

  4         treatment; amending s. 624.462, F.S.;

  5         authorizing certain nonprofit providers of

  6         community mental health services or substance

  7         abuse treatment to form a commercial

  8         self-insurance fund; providing an effective

  9         date.

10  

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

12  

13         Section 1.  Subsections (2) and (3) of section 624.462,

14  Florida Statutes, are amended to read:

15         624.462  Commercial self-insurance funds.--

16         (2)  As used in ss. 624.460-624.488, "commercial

17  self-insurance fund" or "fund" means a group of members,

18  operating individually and collectively through a trust or

19  corporation, which that must be:

20         (a)  Established by:

21         1.  A not-for-profit trade association, industry

22  association, or professional association of employers or

23  professionals which has a constitution or bylaws, which is

24  incorporated under the laws of this state, and which has been

25  organized for purposes other than that of obtaining or

26  providing insurance and operated in good faith for a

27  continuous period of 1 year;

28         2.  Any two or more nonprofit providers of community

29  mental health services or substance abuse treatment services

30  which are members in good standing of nonprofit statewide

31  associations that have been in existence for at least 10 years

                                  1

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






    Florida Senate - 2006        (Corrected Copy)            SB 86
    7-84-06




 1  and are comprised of at least 50 community-based mental health

 2  and substance abuse treatment agencies that are primarily

 3  publicly funded and located in this state;

 4         3.2.  A self-insurance trust fund organized pursuant to

 5  s. 627.357 and maintained in good faith for a continuous

 6  period of 1 year for purposes other than that of obtaining or

 7  providing insurance pursuant to this section.  Each member of

 8  a commercial self-insurance trust fund established pursuant to

 9  this subsection must maintain membership in the self-insurance

10  trust fund organized pursuant to s. 627.357;

11         4.3.  A group of 10 or more health care providers, as

12  defined in s. 627.351(4)(h), for purposes of providing medical

13  malpractice coverage; or

14         5.4.  A not-for-profit group comprised of no less than

15  10 condominium associations as defined in s. 718.103(2), which

16  is incorporated under the laws of this state, which restricts

17  its membership to condominium associations only, and which has

18  been organized and maintained in good faith for a continuous

19  period of 1 year for purposes other than that of obtaining or

20  providing insurance.

21         (b)1.  In the case of funds established pursuant to

22  subparagraph (a)3. (a)2. or subparagraph (a)5. (a)4., operated

23  pursuant to a trust agreement by a board of trustees which

24  shall have complete fiscal control over the fund and which

25  shall be responsible for all operations of the fund.  The

26  majority of the trustees shall be owners, partners, officers,

27  directors, or employees of one or more members of the fund.

28  The trustees shall have the authority to approve applications

29  of members for participation in the fund and to contract with

30  an authorized administrator or servicing company to administer

31  the day-to-day affairs of the fund.

                                  2

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






    Florida Senate - 2006        (Corrected Copy)            SB 86
    7-84-06




 1         2.  In the case of funds established pursuant to

 2  subparagraph (a)1., subparagraph (a)2., or subparagraph (a)4.

 3  (a)3., operated pursuant to a trust agreement by a board of

 4  trustees or as a corporation by a board of directors which

 5  board shall:

 6         a.  Be responsible to members of the fund or

 7  beneficiaries of the trust or policyholders of the

 8  corporation;

 9         b.  Appoint independent certified public accountants,

10  legal counsel, actuaries, and investment advisers as needed;

11         c.  Approve payment of dividends to members;

12         d.  Approve changes in corporate structure; and

13         e.  Have the authority to contract with an

14  administrator authorized under s. 626.88 to administer the

15  day-to-day affairs of the fund including, but not limited to,

16  marketing, underwriting, billing, collection, claims

17  administration, safety and loss prevention, reinsurance,

18  policy issuance, accounting, regulatory reporting, and general

19  administration.  The fees or compensation for services under

20  such contract shall be comparable to the costs for similar

21  services incurred by insurers writing the same lines of

22  insurance, or where available such expenses as filed by

23  boards, bureaus, and associations designated by insurers to

24  file such data. A majority of the trustees or directors shall

25  be owners, partners, officers, directors, or employees of one

26  or more members of the fund.

27         (3)  Each member of a commercial self-insurance trust

28  fund established pursuant to this section, except a fund

29  established pursuant to subparagraph (2)(a)4. (2)(a)3., must

30  maintain membership in the association or self-insurance trust

31  fund established under s. 627.357. Membership in a

                                  3

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






    Florida Senate - 2006        (Corrected Copy)            SB 86
    7-84-06




 1  not-for-profit trade association, industry association, or

 2  professional association of employers or professionals for the

 3  purpose of obtaining or providing insurance shall be in

 4  accordance with the constitution or bylaws of the association,

 5  and the dues, fees, or other costs of membership shall not be

 6  different for members obtaining insurance from the commercial

 7  self-insurance fund.  The association shall not be liable for

 8  any actions of the fund nor shall it have any responsibility

 9  for establishing or enforcing any policy of the commercial

10  self-insurance fund.  Fees, services, and other aspects of the

11  relationship between the association and the fund shall be

12  subject to contractual agreement.

13         Section 2.  This act shall take effect July 1, 2006.

14  

15            *****************************************

16                          SENATE SUMMARY

17    Authorizes two or more nonprofit providers of community
      mental health services or substance abuse treatment
18    services which are members of certain nonprofit statewide
      associations to form a self-insurance fund, subject to
19    specified conditions.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

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