Amendment
Bill No. 0177
Amendment No. 813929
CHAMBER ACTION
Senate House
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1Representative(s) Patronis offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 130-132 and insert:
5     Section 5.  Effective July 1, 2007, subsection (5) of
6section 408.909, Florida Statutes, is amended, and paragraph (d)
7is added to subsection (3) of that section, to read:
8     408.909  Health flex plans.--
9     (3)  PROGRAM.--The agency and the office shall each approve
10or disapprove health flex plans that provide health care
11coverage for eligible participants. A health flex plan may limit
12or exclude benefits otherwise required by law for insurers
13offering coverage in this state, may cap the total amount of
14claims paid per year per enrollee, may limit the number of
15enrollees, or may take any combination of those actions. A
16health flex plan offering may include the option of a
17catastrophic plan supplementing the health flex plan.
18     (d)  In order to expedite financial determinations and
19immediately qualify a large base of eligible entities to offer
20health flex plans, health insurers licensed under chapters 624
21and 627, fraternal benefit societies licensed under chapter 632,
22prepaid limited health service organizations licensed under
23chapter 636, health maintenance organizations licensed under
24part I of chapter 641, prepaid health clinics licensed under
25part II of chapter 641, and provider service networks authorized
26under chapter 409 shall be deemed in compliance with the
27financial requirements to offer a health flex plan. In addition,
28any local government or health care district that has the
29initial operating funds and taxing authority to fulfill its
30obligations under the proposed health flex plan shall be deemed
31in compliance with the financial requirements to offer a health
32flex plan.
33     (5)  ELIGIBILITY.--Eligibility to enroll in an approved
34health flex plan is limited to residents of this state who:
35     (a)  Are 64 years of age or younger;
36     (b)  Have a family income equal to or less than 250 200
37percent of the federal poverty level;
38     (c)  Are eligible under a federally approved Medicaid
39demonstration waiver and reside in Palm Beach County or Miami-
40Dade County;
41     (d)  Are not covered by a private insurance policy and are
42not eligible for coverage through a public health insurance
43program, such as Medicare or Medicaid, unless specifically
44authorized under paragraph (c), or another public health care
45program, such as Kidcare, and have not been covered at any time
46during the past 6 months; and
47     (d)(e)  Have applied for health care coverage through an
48approved health flex plan and have agreed to make any payments
49required for participation, including periodic payments or
50payments due at the time health care services are provided; and
51     (e)  Are either:
52     1.  Not covered by a private insurance policy and not
53eligible for coverage through a public health insurance program,
54such as Medicare or Medicaid, unless specifically authorized
55under paragraph (c), or another public health care program, such
56as Kidcare, and have not been covered at any time during the
57past 6 months; or
58     2.  Part of an employer group that is not covered by a
59private health insurance policy and has not been covered at any
60time during the past 6 months and in which at least 75 percent
61of the employees have a family income equal to or less than 250
62percent of the federal poverty level. If the health flex plan
63entity is a properly licensed health insurer, health plan, or
64health maintenance organization, this subparagraph applies when
65only 50 percent of the employees have a family income equal to
66or less than 250 percent of the federal poverty level.
67     Section 6.  Effective July 1, 2007, section 445.015,
68Florida Statutes, is created to read:
69     445.015  Small business health insurance plan grant
70program.--
71     (1)  The agency shall establish a small business health
72insurance plan grant program to award, administer, and monitor
73grants to small employers and small businesses to develop and
74offer cafeteria health plans that qualify under s. 125 of the
75Internal Revenue Code and include options such as prepaid health
76clinic services licensed under part II of chapter 641 for the
77purpose of improving access to health insurance for uninsured
78employees. The agency shall give priority to employer proposals
79that would improve access for previously uninsured employees or
80include long-term commitments to insure employees. Grant funds
81shall not be used for ongoing maintenance of the plans or for
82employer contributions. Health plans may identify and assist
83eligible small employers and small businesses in obtaining
84grants. The agency, in consultation with the Office of Insurance
85Regulation, shall evaluate each project funded by a grant to
86measure any increases in access to insurance and the long-term
87viability of such increases. The agency shall design materials
88and interactive programs to inform small employers and small
89businesses about such cafeteria health plans and shall provide
90training to assist small employers and small businesses in
91developing such plans. Training shall include technical
92assistance in establishing relationships with health plans and
93individualized guidance on operational methods and
94infrastructure that will best support and ensure the long-term
95success of using these plans.
96     (2)  The agency shall submit a report that documents the
97specific activities undertaken during the fiscal year pursuant
98to this section annually to the Governor, the President of the
99Senate, and the Speaker of the House of Representatives no later
100than February 1.
101     Section 7.  Effective July 1, 2007, the sum of $250,000 in
102nonrecurring revenue is appropriated from the General Revenue
103Fund to the Agency for Workforce Innovation for the 2007-2008
104fiscal year to award Small Business Health Insurance Plan Grants
105to eligible businesses.
106     Section 8.  Except as otherwise expressly provided in this
107act, this act shall take effect January 1, 2008, and shall apply
108to identification cards issued for policies or certificates
109issued or renewed on or after that date.
110
111======= T I T L E  A M E N D M E N T =======
112     Remove line(s) 9 and 10 and insert:
113maintenance contracts; amending s. 408.909, F.S.; clarifying
114licensure provisions for health flex plans; revising criteria
115for eligibility for enrollment in a health flex plan; creating
116s. 445.015, F.S.; establishing a small business health insurance
117plan grant program; providing purposes of the grant program;
118providing conditions for use of grant funds; providing duties of
119the Agency for Workforce Innovation and the Office of Insurance
120Regulation; requiring a report to the Governor and Legislature;
121providing an appropriation; providing applicability; providing
122effective dates.


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