Senate Bill sb2222c1

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    Florida Senate - 2007                           CS for SB 2222

    By the Committee on Banking and Insurance; and Senator Posey





    597-2348-07

  1                      A bill to be entitled

  2         An act relating to health insurance policies;

  3         amending s. 627.6043, F.S.; providing

  4         policyholders with the right to designate at

  5         least one secondary addressee to receive a

  6         notice of cancellation or nonrenewal for

  7         nonpayment of premium; requiring insurers to

  8         notify the policyholder of his or her right at

  9         least once every 2 years; providing for a

10         designation form; providing for a waiver of the

11         right; requiring the inclusion of specific

12         language in each waiver; providing requirements

13         for the delivery of a notice of cancellation or

14         nonrenewal; providing for policy reinstatement

15         upon a sufficient demonstration of cognitive

16         impairment or loss of functional capacity;

17         defining the term "cognitive impairment";

18         authorizing insurers to require payment of an

19         interest charge on the overdue unpaid premium;

20         providing for the deduction of unpaid premium

21         plus interest from claim settlements under

22         certain circumstances; providing an effective

23         date.

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

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27         Section 1.  Subsections (4), (5), and (6) are added to

28  section 627.6043, Florida Statutes, to read:

29         627.6043  Notification of cancellation, nonrenewal, or

30  change in rates.--

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    Florida Senate - 2007                           CS for SB 2222
    597-2348-07




 1         (4)  Each policyholder or applicant has the right to

 2  designate at least one person, in addition to the insured, who

 3  is to receive notice of cancellation or nonrenewal for

 4  nonpayment of premium. For policies issued or renewed on or

 5  after October 1, 2007, the insurer shall notify the

 6  policyholder at least once every 2 years of the policyholder's

 7  right to designate a secondary addressee. Designation does not

 8  constitute acceptance by the insurer of any liability for the

 9  additional parties. The form used for the written designation

10  must provide space clearly designated for listing at least one

11  person. The designation shall include each person's full name

12  and home address. Each policyholder or applicant who elects

13  not to designate a secondary addressee shall execute a waiver.

14  The waiver remains effective until the policyholder designates

15  a secondary addressee on an executed form. The waiver must

16  state: "Protection against unintended lapse.--I understand

17  that I have the right to designate at least one person other

18  than myself to receive notice of cancellation or nonrenewal of

19  this policy due to nonpayment of premium. I understand that

20  notice will not be given until (...grace period...) days after

21  a premium is due and unpaid. I elect NOT to designate any

22  person to receive such notice."

23         (5)  Notice of cancellation or nonrenewal due to

24  nonpayment of premium shall be given by first-class United

25  States mail, postage prepaid, and notice may not be given

26  until the end of the grace period for late payment of premium,

27  as required by s. 627.608. Notice shall be deemed given on the

28  5th day after the date on which it is mailed.

29         (6)  If a policy is canceled or nonrenewed due to

30  nonpayment of premium, the policyholder is entitled to have

31  the policy reinstated if the policyholder or any secondary

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    Florida Senate - 2007                           CS for SB 2222
    597-2348-07




 1  addressee designated pursuant to subsection (4) demonstrates

 2  within not less than 150 days after the date of cancellation

 3  or nonrenewal that the failure to pay the premium when due was

 4  unintentional and due to the cognitive impairment or loss of

 5  functional capacity of the policyholder. Under these

 6  circumstances, reinstatement of the policy is subject to

 7  payment of overdue premiums. As used in this subsection, the

 8  term "cognitive impairment" means a deficiency in a person's

 9  short-term or long-term memory; orientation as to person,

10  place, and time; deductive or abstract reasoning; or judgment

11  as it relates to safety awareness. The insurer may require

12  payment of an interest charge of not more than 8 percent per

13  year for the number of days elapsing before the payment of the

14  premium. During this period, the policy remains in effect if

15  the claimant or the claimant's representative makes a

16  sufficient demonstration of cognitive impairment. If a claim

17  is made under the policy during the grace period for late

18  payment or the 150-day period after the date of cancellation

19  or nonrenewal and before the overdue premium is paid, the

20  amount of the premium or premiums plus any applicable interest

21  as described in this subsection may be deducted from any

22  settlement under the policy.

23         Section 2.  This act shall take effect October 1, 2007.

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    Florida Senate - 2007                           CS for SB 2222
    597-2348-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2222

 3                                 

 4  The committee substitute provides the following changes:

 5  1.   Clarifies that each policyholder be given the right to
         designate at least one person, in addition to the
 6       insured, to receive notice of cancellation or non-renewal
         for nonpayment of premium.
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    2.   Provides an effective date of October 1, 2007.
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    3.   Defines "cognitive impairment".
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    4.   Makes the bill consistent with the current requirements
10       for a grace period for late payment on premiums.

11  5.   Provides that if a policyholder makes a written rejection
         of the option to notify a secondary person, this must
12       only be done one time.

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