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A bill to be entitled

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An act relating to health insurance; amending s. 627.6562,

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F.S., relating to dependent coverage; revising the

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criteria governing mandatory coverage of a dependent child

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under group, blanket, or franchise health insurance

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policies covering residents of this state; providing for a

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dependent child to make a written election to extend

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coverage or restore previously terminated coverage;

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providing guidelines for extended coverage; providing

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limitations on additional premiums; providing duties of

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the Office of Insurance Regulation; requiring that notice

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regarding coverage for a dependent child be provided to

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covered persons; providing applicability; providing an

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effective date.

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

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     Section 1.  Section 627.6562, Florida Statutes, is amended

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to read:

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     627.6562  Dependent coverage.--

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     (1) If an insurer offers under a group, blanket, or

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franchise health insurance policy coverage that insures dependent

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children of the policyholder or certificateholder, the policy

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must insure a dependent child of the policyholder or

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certificateholder at least until the end of the calendar year in

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which the child reaches the age of 25, if the child meets all of

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the following:

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     (a) Is unmarried and does not have a dependent of his or

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her own; The child is dependent upon the policyholder or

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certificateholder for support.

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     (b) Is a resident of this state or The child is living in

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the household of the policyholder or certificateholder, or the

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child is enrolled as a full-time or part-time student; and.

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     (c) Is not actually provided coverage as a named

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subscriber, insured, enrollee, or covered person under any other

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group, blanket, or franchise health insurance policy or

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individual health benefits plan or entitled to benefits under

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Title XVIII of the Social Security Act, Pub. L. No. 89-97 (42

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U.S.C. s. 1395 et seq.).

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     (2) Nothing in This section does not:

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     (a) Affect or preempt affects or preempts an insurer's

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right to medically underwrite or charge the appropriate premium.

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     (b) Require coverage for services provided before July 1,

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2008, to a dependent.

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     (c) Require that an employer pay all or part of the cost of

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coverage provided for a dependent under this section.

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     (3)(a) If the coverage for dependent child terminates at a

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specific age before the date provided under subsection (1), the

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dependent child may make a written election for coverage as a

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dependent pursuant to this section until the end of the calendar

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year in which the he or she reaches the age of 25:

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     1. Within 30 days before the termination of coverage at the

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age specified in the plan;

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     2. Within 30 days after meeting the requirements for

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coverage as a dependent child as set forth in subsection (1) when

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coverage for the dependent under the plan has previously

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terminated; or

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     3. During a 30-day period in each year following the year

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coverage terminates at the age specified in the plan, which

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period shall begin on the anniversary of the date on which the

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dependent child's coverage terminated, if the dependent meets the

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requirements set forth in subsection (1) during the 30-day

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period.

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     (b) Until July 1, 2009, a dependent who qualifies for

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coverage under subsection (1) but whose coverage as a dependent

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under a covered person's plan terminated under the terms of the

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plan before July 1, 2008, may make a written election to

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reinstate coverage under that plan as a dependent child pursuant

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to this section.

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     (4)(a) Coverage for a dependent child who makes a written

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election for coverage pursuant to paragraph (3)(a) must be

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identical to the coverage provided to that dependent before the

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termination of coverage under the plan. If coverage is modified

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under the plan for any similarly situated dependent children

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before the termination of coverage for the dependent occurred,

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the coverage must also be modified in the same manner for the

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dependent child.

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     (b) Coverage for a dependent child who makes a written

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election for coverage under paragraph (3)(a) may not be

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conditioned upon or discriminate on the basis of lack of evidence

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of insurability.

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     (5)(a) The covered person's plan may require the payment of

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a premium by the covered person or dependent child, as

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appropriate, subject to the approval of the Office of Insurance

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Regulation, for any period of coverage relating to a dependent's

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written election for coverage pursuant to paragraph (3)(a). The

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premium may not exceed 102 percent of the applicable portion of

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the premium previously paid for that dependent's coverage under

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the plan before the termination of coverage under the plan.

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     (b) The applicable portion of the premium previously paid

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for the dependent's coverage under the plan shall be determined

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pursuant to rules adopted by the office, based upon the

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difference between the plan's rating tiers for adult and

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dependent coverage or family coverage, as appropriate, and single

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coverage, or based upon any other formula or dependent rating

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tier that the office considers appropriate and that provides a

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substantially similar result.

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     (6) Notice regarding coverage for a dependent child as

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provided under this section must be provided to a covered person:

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     (a) In the certificate of coverage prepared for covered

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persons by the carrier on or about the date of commencement of

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coverage; and

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     (b) By the covered person's employer:

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     1. On or before the coverage of a covered person's

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dependent child terminates at the age specified in the plan;

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     2. At the time coverage of the dependent child is no longer

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provided under this section because the dependent child does not

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meet the qualifications set forth in subsection (1), except that

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this notice is not required when a dependent child no longer

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qualifies because of age or because of having a dependent of his

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or her own;

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     3. Before the 30-day period in each year following the year

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coverage terminates at the age specified in the plan, so as to

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permit a dependent child to make a written election for coverage

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under paragraph (3)(a); and

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     4. Immediately after July 1, 2008, with respect to

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information concerning a dependent child's opportunity, until

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July 1, 2009, to make a written election to reinstate coverage

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under a plan specified in paragraph (3)(b).

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     (7) This section applies to all group, blanket, or

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franchise health insurance policies covering residents of this

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state, including, but not limited to, policies in which the

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carrier has reserved the right to change the premium.

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     Section 2.  This act shall take effect July 1, 2008.