Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2094
                        Barcode 275504
                            CHAMBER ACTION
              Senate                               House
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       04/09/2007 05:55 PM         .                    
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11  The Committee on Banking and Insurance (Peaden) recommended
12  the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 1, line 21,
16  
17  insert:  
18         Section 1.  Subsections (3) and (5) of section 408.909,
19  Florida Statutes, are amended to read:
20         408.909  Health flex plans.--
21         (3)  PROGRAM.--The agency and the office shall each
22  approve or disapprove health flex plans that provide health
23  care coverage for eligible participants. A health flex plan
24  may limit or exclude benefits otherwise required by law for
25  insurers offering coverage in this state, may cap the total
26  amount of claims paid per year per enrollee, may limit the
27  number of enrollees, or may take any combination of those
28  actions. A health flex plan offering may include the option of
29  a catastrophic plan supplementing the health flex plan.
30         (a)  The agency shall develop guidelines for the review
31  of applications for health flex plans and shall disapprove or
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    4:07 PM   04/06/07                             s2094c-bi02-r3w

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2094 Barcode 275504 1 withdraw approval of plans that do not meet or no longer meet 2 minimum standards for quality of care and access to care. The 3 agency shall ensure that the health flex plans follow 4 standardized grievance procedures similar to those required of 5 health maintenance organizations. 6 (b) The office shall develop guidelines for the review 7 of health flex plan applications and provide regulatory 8 oversight of health flex plan advertisement and marketing 9 procedures. The office shall disapprove or shall withdraw 10 approval of plans that: 11 1. Contain any ambiguous, inconsistent, or misleading 12 provisions or any exceptions or conditions that deceptively 13 affect or limit the benefits purported to be assumed in the 14 general coverage provided by the health flex plan; 15 2. Provide benefits that are unreasonable in relation 16 to the premium charged or contain provisions that are unfair 17 or inequitable or contrary to the public policy of this state, 18 that encourage misrepresentation, or that result in unfair 19 discrimination in sales practices; 20 3. Cannot demonstrate that the health flex plan is 21 financially sound and that the applicant is able to underwrite 22 or finance the health care coverage provided; or 23 4. Cannot demonstrate that the applicant and its 24 management are in compliance with the standards required under 25 s. 624.404(3). 26 (c) In order to expedite financial determinations and 27 immediately qualify a large base of eligible entities to offer 28 the health flex program, entities licensed under chapter 627, 29 chapter 632, chapter 636, or chapter 641 shall be deemed in 30 compliance with the financial requirements for offering a 31 health flex plan. In addition, any local government or health 2 4:07 PM 04/06/07 s2094c-bi02-r3w
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2094 Barcode 275504 1 care district that has the initial operating funds and taxing 2 authority to fulfill its obligations under the proposed health 3 flex plan shall be deemed in compliance with the financial 4 requirements for offering a health flex plan. 5 (d)(c) The agency and the Financial Services 6 Commission may adopt rules as needed to administer this 7 section. 8 (5) ELIGIBILITY.--Eligibility to enroll in an approved 9 health flex plan is limited to residents of this state who: 10 (a) Are 64 years of age or younger; 11 (b) Have a family income equal to or less than 250 200 12 percent of the federal poverty level; 13 (c) Are eligible under a federally approved Medicaid 14 demonstration waiver and reside in Palm Beach County or 15 Miami-Dade County; 16 (d) Are not covered by a private insurance policy and 17 are not eligible for coverage through a public health 18 insurance program, such as Medicare or Medicaid, unless 19 specifically authorized under paragraph (c), or another public 20 health care program, such as Kidcare, and have not been 21 covered at any time during the past 6 months; and 22 (d)(e) Have applied for health care coverage through 23 an approved health flex plan and have agreed to make any 24 payments required for participation, including periodic 25 payments or payments due at the time health care services are 26 provided; and 27 (e) Are either: 28 1. Not covered by a private insurance policy and not 29 eligible for coverage through a public health insurance 30 program, such as Medicare or Medicaid, unless specifically 31 authorized under paragraph (c), or another public health care 3 4:07 PM 04/06/07 s2094c-bi02-r3w
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2094 Barcode 275504 1 program, such as Kidcare, and have not been covered at any 2 time during the past 6 months; or 3 2. Part of an employer group that is not covered by a 4 private health insurance policy and has not been covered at 5 any time during the past 6 months and in which at least 75 6 percent of the employees have a family income equal to or less 7 than 250 percent of the federal poverty level. If the health 8 flex plan entity is a properly licensed health insurer, health 9 plan, or health maintenance organization, this subparagraph 10 applies when only 50 percent of the employees have a family 11 income equal to or less than 250 percent of the federal 12 poverty level. 13 Section 2. Section 445.015, Florida Statutes, is 14 created to read: 15 445.015 Small business health insurance plan grant 16 program.-- 17 (1) The agency shall establish a small business health 18 insurance plan grant program to award, administer, and monitor 19 grants to small employers and small businesses to develop and 20 offer cafeteria health plans that qualify under s. 125 of the 21 Internal Revenue Code and include options such as prepaid 22 health clinic services licensed under part II of chapter 641 23 for the purpose of improving access to health insurance for 24 uninsured employees. The agency shall give priority to 25 employer proposals that would improve access for previously 26 uninsured employees or include long-term commitments to insure 27 employees. Grant funds shall not be used for ongoing 28 maintenance of the plans or for employer contributions. Health 29 plans may identify and assist eligible small employers and 30 small businesses in obtaining grants. The agency, in 31 consultation with the Office of Insurance Regulation, shall 4 4:07 PM 04/06/07 s2094c-bi02-r3w
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2094 Barcode 275504 1 evaluate each project funded by a grant to measure any 2 increases in access to insurance and the long-term viability 3 of such increases. The agency shall design materials and 4 interactive programs to inform small employers and small 5 businesses about such cafeteria health plans and shall provide 6 training to assist small employers and small businesses in 7 developing such plans. Training shall include technical 8 assistance in establishing relationships with health plans and 9 individualized guidance on operational methods and 10 infrastructure that will best support and ensure the long-term 11 success of using these plans. 12 (2) The agency shall submit a report that documents 13 the specific activities undertaken during the fiscal year 14 pursuant to this section annually to the Governor, the 15 President of the Senate, and the Speaker of the House of 16 Representatives no later than February 1. 17 Section 3. The sum of $250,000 in nonrecurring revenue 18 is appropriated from the General Revenue Fund to the Agency 19 for Workforce Innovation for the 2007-2008 fiscal year to 20 award Small Business Health Insurance Plan Grants to eligible 21 businesses. 22 23 (Redesignate subsequent sections.) 24 25 26 ================ T I T L E A M E N D M E N T =============== 27 And the title is amended as follows: 28 On page 1, line 4, after the first semicolon, 29 30 insert: 31 amending s. 408.909, F.S.; authorizing certain 5 4:07 PM 04/06/07 s2094c-bi02-r3w
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2094 Barcode 275504 1 licensed entities to offer the health flex 2 plan; revising criteria for eligibility for 3 enrollment in a health flex plan; creating s. 4 445.015, F.S.; establishing a small business 5 health insurance plan grant program; providing 6 purposes of the grant program; providing 7 conditions for use of grant funds; providing 8 duties of the Agency for Workforce Innovation 9 and the Office of Insurance Regulation; 10 requiring a report to the Governor and 11 Legislature; providing an appropriation; 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 4:07 PM 04/06/07 s2094c-bi02-r3w