1

A bill to be entitled

2

An act relating to health insurance; amending s. 112.363,

3

F.S.; specifying that coverage provided through the Cover

4

Florida Health Care Access Program is considered health

5

insurance coverage for the purposes of determining

6

eligibility for the state retiree health insurance

7

subsidy; amending s. 408.909, F.S.; revising eligibility

8

for enrollment in a health flex plan; revising the

9

expiration date of the health flex plan program; creating

10

s. 408.9091, F.S.; creating the Cover Florida Health Care

11

Access Program; providing a short title; providing

12

legislative intent; providing definitions; requiring the

13

Agency for Health Care Administration and the Office of

14

Insurance Regulation of the Financial Services Commission

15

within the Department of Financial Services to jointly  

16

administer the program; providing program requirements;

17

requiring the development of guidelines to meet minimum

18

standards for quality care and access to care; requiring

19

the agency to ensure that the Cover Florida plans follow

20

standardized grievance procedures; requiring the Executive

21

Office of the Governor, the agency, and the office to

22

develop a public awareness program; authorizing public and

23

private entities to design or extend incentives for

24

participation in the Cover Florida Access Program;

25

requiring the agency and the office to announce an

26

invitation to negotiate for Cover Florida plan entities to

27

design a coverage proposal; requiring the agency and the

28

office to approve one plan entity; authorizing the agency

29

and the office to approve one regional network plan in

30

each existing Medicaid area; requiring the invitation to

31

negotiate to include certain guidelines; providing certain

32

conditions in which plans are disapproved or withdrawn;

33

authorizing the agency and the office to announce an

34

invitation to negotiate for companies that offer

35

supplemental insurance or discount medical plans;

36

providing that certain licensing requirements or ch. 641,

37

F.S., are not applicable to a Cover Florida plan;

38

providing that Cover Florida plans are considered

39

insurance under certain conditions; excluding Cover

40

Florida plans from the Florida Life and Health Insurance

41

Guaranty Association and the Health Maintenance

42

Organization Consumer Assistance Plan; providing

43

requirements for eligibility in a Cover Florida plan;

44

requiring each Cover Florida plan to maintain and provide

45

certain records; providing that coverage under a Cover

46

Florida plan is not an entitlement and does not give rise

47

to a cause of action; requiring the agency and the office

48

to evaluate the Cover Florida program and submit an annual

49

report to the Governor and the Legislature; requiring the

50

agency and the Financial Services Commission to adopt

51

rules; amending s. 624.91, F.S.; revising the duties of

52

the Florida Healthy Kids Corporation; amending s. 409.814,

53

F.S.; revising the eligibility requirements for

54

participation in the Medikids program or the Florida

55

Healthy Kids program; deleting certain limitations;

56

amending s. 627.6562, F.S.; requiring insurance policies

57

that provide dependent coverage to provide the

58

policyholder with the option of insuring a child until the

59

age of 30 under certain circumstances; amending s.

60

627.6699, F.S.; redefining the term "small employer" for

61

purposes of the Employee Health Care Access Act; providing

62

an effective date.

63

64

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

65

66

     Section 1.  Paragraph (d) of subsection (2) of section

67

112.363, Florida Statutes, is amended to read:

68

     112.363  Retiree health insurance subsidy.--

69

     (2)  ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.--

70

     (d)  Payment of the retiree health insurance subsidy shall

71

be made only after coverage for health insurance for the retiree

72

or beneficiary has been certified in writing to the Department of

73

Management Services. Participation in a former employer's group

74

health insurance program is not a requirement for eligibility

75

under this section. Coverage issued pursuant to s. 408.9091 is

76

considered health insurance for the purposes of this section.

77

     Section 2.  Subsections (5) and (10) of section 408.909,

78

Florida Statutes, are amended to read:

79

     408.909  Health flex plans.--

80

     (5)  ELIGIBILITY.--Eligibility to enroll in an approved

81

health flex plan is limited to residents of this state who:

82

     (a)  Are 64 years of age or younger;

83

     (b) Have a family income equal to or less than 300 200

84

percent of the federal poverty level;

85

     (c) Are eligible under a federally approved Medicaid

86

demonstration waiver and reside in Palm Beach County or Miami-

87

Dade County;

88

     (c)(d) Are not covered by a private insurance policy and

89

are not eligible for coverage through a public health insurance

90

program, such as Medicare or Medicaid, unless specifically

91

authorized under paragraph (c), or another public health care

92

program, such as Kidcare, and have not been covered at any time

93

during the past 6 months; who are covered under an individual

94

contract issued by a health maintenance organization that is an

95

approved health flex plan on October 1, 2008, and are applying

96

for coverage in the same health flex plan without a lapse in

97

coverage and all other eligibility requirements under this

98

subsection are met; or who were covered under Medicaid or Kidcare

99

and lost eligibility for Medicaid or a Kidcare subsidy due to

100

income restrictions within 90 days before applying for health

101

care coverage through an approved health flex plan; and

102

     (d)(e) Have applied for health care coverage through an

103

approved health flex plan and have agreed to make any payments

104

required for participation, including periodic payments or

105

payments due at the time health care services are provided.

106

     (10) EXPIRATION.--This section expires July 1, 2013 2008.

107

     Section 3.  Section 408.9091, Florida Statutes, is created

108

to read:

109

     408.9091 Cover Florida Health Care Access Act.--

110

     (1) SHORT TITLE.--This section may be cited as the "Cover

111

Florida Health Access Program Act."

112

     (2) INTENT.--The Legislature finds that a significant

113

proportion of state residents are unable to obtain affordable

114

health insurance coverage. The Legislature also finds that

115

existing "health flex" plan coverage has had limited

116

participation due in part to narrow eligibility restrictions as

117

well as minimal benefit options for catastrophic and emergency

118

care coverage. Therefore, it is the Legislature's intent to

119

expand the availability of health care options for uninsured

120

residents by developing an affordable health care product that

121

emphasizes coverage for basic and preventive health care

122

services; provides inpatient hospital, urgent, and emergency care

123

services; and is offered statewide by approved health insurers,

124

health maintenance organizations, health-care-provider-sponsored

125

organizations, or health care districts.

126

     (3) DEFINITIONS.--As used in this section, the term:

127

     (a) "Agency" means the Agency for Health Care

128

Administration.

129

     (b) "Office" means the Office of Insurance Regulation of

130

the Financial Services Commission.

131

     (c) "Enrollee" means an individual who has been determined

132

to be eligible for and is receiving health insurance coverage

133

under a Cover Florida plan.

134

     (d) "Cover Florida plan" means a consumer choice benefit

135

plan approved under this section which guarantees payment or

136

coverage for specified benefits provided to an enrollee.

137

     (e) "Cover Florida plan coverage" means health care

138

services that are covered as benefits under a Cover Florida plan.

139

     (f) "Cover Florida plan entity" means a health insurer,

140

health maintenance organization, health-care-provider-sponsored

141

organization, or health care district that develops and

142

implements a Cover Florida plan and is responsible for

143

administering the plan and paying all claims for Cover Florida

144

plan coverage by enrollees.

145

     (g) "Cover Florida Plus" plan means a supplemental

146

insurance product, such as for additional catastrophic coverage

147

or dental, vision, or cancer coverage, approved under this

148

section and offered to all enrollees.

149

     (4) PROGRAM.--The agency and the office shall jointly

150

establish and administer the Cover Florida Health Care Access

151

Program.

152

     (a) General Cover Florida plan components must require

153

that:

154

     1. Plans are offered as guaranteed issue to enrollees,

155

subject to exclusions for preexisting conditions approved by the

156

office and the agency.

157

     2. Plans are portable, such that the enrollee remains

158

covered regardless of employment status or the cost-sharing of

159

premiums.

160

     3. Plans may provide for cost containment through limits on

161

the number of services, caps on benefit payments, and copayments

162

for services.

163

     4. A Cover Florida health plan entity makes all benefit

164

plan and marketing materials available in English and Spanish.

165

     5. In order to provide for consumer choice, Cover Florida

166

health plan entities develop two alternative benefit option plans

167

having different cost and benefit levels, including at least one

168

plan that provides catastrophic coverage.

169

     6. Plans without catastrophic coverage provide coverage

170

options for the following services, including, but not limited

171

to:

172

     a. Preventive health services, including preventive

173

screenings, annual health assessments, and well-care and well-

174

woman services, including mammograms, screenings for cervical

175

cancer, noninvasive colorectal or prostate screenings, and

176

immunizations.

177

     b. Incentives for routine, preventive care.

178

     c. Office visits for the diagnosis and treatment of illness

179

or injury.

180

     d. Office surgery, including anesthesia.

181

     e. Services related to behavioral health services.

182

     f. Durable medical equipment and prosthetics.

183

     g. Diabetic supplies.

184

     7. Plans providing catastrophic coverage, at a minimum,

185

provide coverage options for all of the services listed under

186

subparagraph 6., and in addition include, but are not limited to,

187

coverage options for:

188

     a. Inpatient hospital stays.

189

     b. Hospital emergency care services.

190

     c. Urgent care services.

191

     d. Outpatient facility services, outpatient surgery, and

192

outpatient diagnostic services.

193

     8. Plans offer prescription drug benefit coverage on all

194

plans, or use a prescription drug manager, such as the Florida

195

Discount Drug Card Program.

196

     9. Plans provide, in enrollment materials, plain-language

197

information on policy benefit coverage, benefit limits, cost-

198

sharing requirements, and exclusions and a clear representation

199

of what is not covered in the plan.

200

     10. Plans offered through a qualified employer meet the

201

requirements of s. 125 of the Internal Revenue Code.

202

     (b) Guidelines shall be developed to ensure that Cover

203

Florida plans meet minimum standards for quality of care and

204

access to care. The agency shall ensure that the Cover Florida

205

plans follow standardized grievance procedures.

206

     (c) Changes in Cover Florida plan benefits, premiums, and

207

policy forms are subject to regulatory oversight by the office

208

and agency as provided by rules adopted by the Financial Services

209

Commission and the agency.

210

     (d) The agency, the office, and the Executive Office of the

211

Governor shall develop a public awareness program to be

212

implemented throughout the state for the promotion of the Cover

213

Florida Health Access Program.

214

     (e) Public or private entities may design programs to

215

encourage Floridians to participate in the Cover Florida Health

216

Access Program, or to encourage employers to cosponsor some share

217

of Cover Florida plan premiums for employees.

218

     (5) PLAN PROPOSALS.--The agency and the office shall

219

announce, no later than July 1, 2008, an invitation to negotiate

220

for Cover Florida plan entities to design a Cover Florida plan

221

proposal in which benefits and premiums are specified.

222

     (a) The invitation to negotiate shall include guidelines

223

for the review of Cover Florida plan applications, policy forms,

224

and all associated forms, and provide regulatory oversight of

225

Cover Florida plan advertisement and marketing procedures. A plan

226

shall be disapproved or withdrawn if the plan:

227

     1. Contains any ambiguous, inconsistent, or misleading

228

provisions or any exceptions or conditions that deceptively

229

affect or limit the benefits purported to be assumed in the

230

general coverage provided by the plan;

231

     2. Provides benefits that are unreasonable in relation to

232

the premium charged or contains provisions that are unfair or

233

inequitable, that are contrary to the public policy of this

234

state, that encourage misrepresentation, or that result in unfair

235

discrimination in sales practices;

236

     3. Cannot demonstrate that the plan is financially sound

237

and that the applicant is able to underwrite or finance the

238

health care coverage provided;

239

     4. Cannot demonstrate that the applicant and its management

240

are in compliance with the standards required under s.

241

624.404(3); or

242

     5. Does not guarantee that enrollees may participate in the

243

Cover Florida plan entity's comprehensive network of providers,

244

as determined by the office, the agency, and the contract.

245

     (b) The agency and the office may announce an invitation to

246

negotiate for the design of Cover Florida Plus products to

247

companies that offer supplemental insurance, discount medical

248

plan organizations licensed under part II of chapter 636, or

249

prepaid health clinics licensed under part II of chapter 641.

250

     (c) The agency and office shall approve at least one Cover

251

Florida plan entity having an existing statewide network of

252

providers, and may approve at least one regional network plan in

253

each existing Medicaid area.

254

     (6) LICENSE NOT REQUIRED.--

255

     (a) The licensing requirements of the Florida Insurance

256

Code and chapter 641, relating to health maintenance

257

organizations, do not apply to a Cover Florida plan approved

258

under this section unless expressly made applicable. However, for

259

the purpose of prohibiting unfair trade practices, Cover Florida

260

plans are considered to be insurance subject to the applicable

261

provisions of part IX of chapter 626, except as otherwise

262

provided in this section.

263

     (b) Cover Florida plans are not covered by the Florida Life

264

and Health Insurance Guaranty Association under part III of

265

chapter 631 or by the Health Maintenance Organization Consumer

266

Assistance Plan under part IV of chapter 631.

267

     (7) ELIGIBILITY.--Eligibility to enroll in a Cover Florida

268

plan is limited to residents of this state who meet all of the

269

following:

270

     (a) Are 19 to 64 years of age.

271

     (b) Are not covered by a private health insurance policy

272

and are not eligible for coverage through a public health

273

insurance program, such as Medicare, Medicaid, or Kidcare, unless

274

eligibility for coverage lapses due to no longer meeting income

275

or categorical requirements.

276

     (c) Have not been covered by any health insurance program

277

at any time during the past 6 months, unless coverage under a

278

health insurance program was terminated within the previous 6

279

months due to:

280

     1. Loss of a job that provided an employer-sponsored health

281

benefit plan;

282

     2. Exhaustion of coverage that was continued under COBRA or

283

continuation-of-coverage requirements under s. 627.6692;

284

     3. Reaching the limiting age under the policy; or

285

     4. Death of, or divorce from, a spouse who was provided

286

employer-sponsored health benefit plan.

287

     (d) Have applied for health care coverage through a Cover

288

Florida plan and have agreed to make any payments required for

289

participation, including periodic payments or payments due at the

290

time health care services are provided.

291

     (8) RECORDS.--Each Cover Florida plan must maintain

292

enrollment data and provide network data and reasonable records

293

to enable the office and agency to monitor plans and to determine

294

the financial viability of the Cover Florida plan, as necessary.

295

     (9) NONENTITLEMENT.--Coverage under a Cover Florida plan is

296

not an entitlement, and a cause of action does not arise against

297

the state, a local government entity, any other political

298

subdivision of this state, or the agency or office for failure to

299

make coverage available to eligible persons under this section.

300

     (10) PROGRAM EVALUATION.--The agency and the office shall:

301

     (a) Evaluate the Cover Florida program and its effect on

302

the entities that seek approval as Cover Florida plans, on the

303

number of enrollees, and on the scope of the health care coverage

304

offered under a Cover Florida plan;

305

     (b) Provide an assessment of the Cover Florida plans and

306

their potential applicability in other settings;

307

     (c) Use Cover Florida plans to gather more information to

308

evaluate low-income, consumer-driven benefit packages; and

309

     (d) Jointly submit by March 1, 2009, and annually

310

thereafter, a report to the Governor, the President of the

311

Senate, and the Speaker of the House of Representatives providing

312

the information specified in paragraphs (a)-(c) and

313

recommendations relating to the successful implementation and

314

administration of the program.

315

     (11) RULEMAKING AUTHORITY.--The agency and the Financial

316

Services Commission may adopt rules as needed to administer this

317

section.

318

     Section 4.  Paragraph (b) of subsection (5) of section

319

624.91, Florida Statutes, is amended to read:

320

     624.91  The Florida Healthy Kids Corporation Act.--

321

     (5)  CORPORATION AUTHORIZATION, DUTIES, POWERS.--

322

     (b)  The Florida Healthy Kids Corporation shall:

323

     1.  Arrange for the collection of any family, local

324

contributions, or employer payment or premium, in an amount to be

325

determined by the board of directors, to provide for payment of

326

premiums for comprehensive insurance coverage and for the actual

327

or estimated administrative expenses.

328

     2.  Arrange for the collection of any voluntary

329

contributions to provide for payment of premiums for children who

330

are not eligible for medical assistance under Title XXI of the

331

Social Security Act.

332

     3.  Subject to the provisions of s. 409.8134, accept

333

voluntary supplemental local match contributions that comply with

334

the requirements of Title XXI of the Social Security Act for the

335

purpose of providing additional coverage in contributing counties

336

under Title XXI.

337

     4.  Establish the administrative and accounting procedures

338

for the operation of the corporation.

339

     5.  Establish, with consultation from appropriate

340

professional organizations, standards for preventive health

341

services and providers and comprehensive insurance benefits

342

appropriate to children, provided that such standards for rural

343

areas shall not limit primary care providers to board-certified

344

pediatricians.

345

     6.  Determine eligibility for children seeking to

346

participate in the Title XXI-funded components of the Florida

347

Kidcare program consistent with the requirements specified in s.

348

409.814, as well as the non-Title-XXI-eligible children as

349

provided in subsection (3).

350

     7.  Establish procedures under which providers of local

351

match to, applicants to and participants in the program may have

352

grievances reviewed by an impartial body and reported to the

353

board of directors of the corporation.

354

     8.  Establish participation criteria and, if appropriate,

355

contract with an authorized insurer, health maintenance

356

organization, or third-party administrator to provide

357

administrative services to the corporation.

358

     9.  Establish enrollment criteria which shall include

359

penalties or waiting periods of not fewer than 60 days for

360

reinstatement of coverage upon voluntary cancellation for

361

nonpayment of family premiums.

362

     10.  Contract with authorized insurers or any provider of

363

health care services, meeting standards established by the

364

corporation, for the provision of comprehensive insurance

365

coverage to participants. Such standards shall include criteria

366

under which the corporation may contract with more than one

367

provider of health care services in program sites. Health plans

368

shall be selected through a competitive bid process. The Florida

369

Healthy Kids Corporation shall purchase goods and services in the

370

most cost-effective manner consistent with the delivery of

371

quality medical care. The maximum administrative cost for a

372

Florida Healthy Kids Corporation contract shall be 15 percent.

373

For health care contracts, the minimum medical loss ratio for a

374

Florida Healthy Kids Corporation contract shall be 85 percent.

375

For dental contracts, the remaining compensation to be paid to

376

the authorized insurer or provider under a Florida Healthy Kids

377

Corporation contract shall be no less than an amount which is 85

378

percent of premium; to the extent any contract provision does not

379

provide for this minimum compensation, this section shall

380

prevail. The health plan selection criteria and scoring system,

381

and the scoring results, shall be available upon request for

382

inspection after the bids have been awarded.

383

     11.  Establish disenrollment criteria in the event local

384

matching funds are insufficient to cover enrollments.

385

     12.  Develop and implement a plan to publicize the Florida

386

Healthy Kids Corporation, the eligibility requirements of the

387

program, and the procedures for enrollment in the program and to

388

maintain public awareness of the corporation and the program.

389

     13.  Secure staff necessary to properly administer the

390

corporation. Staff costs shall be funded from state and local

391

matching funds and such other private or public funds as become

392

available. The board of directors shall determine the number of

393

staff members necessary to administer the corporation.

394

     14.  Provide a report annually to the Governor, Chief

395

Financial Officer, Commissioner of Education, Senate President,

396

Speaker of the House of Representatives, and Minority Leaders of

397

the Senate and the House of Representatives.

398

     15. Provide information on a quarterly basis to the

399

Legislature and the Governor which compares the costs and

400

utilization of the full-pay enrolled population and the Title

401

XXI-subsidized enrolled population in the KidCare program. The

402

information, at a minimum, must include:

403

     a. The monthly enrollment and expenditure for full-pay

404

enrollees in the Medikids and Florida Healthy Kids programs

405

compared to the Title XXI-subsidized enrolled population; and

406

     b. The costs and utilization by service of the full-pay

407

enrollees in the Medikids and Florida Healthy Kids programs and

408

the Title XXI-subsidized enrolled population.

409

410

By February 1, 2009, the Florida Healthy Kids Corporation shall

411

provide a study to the Legislature and the Governor on premium

412

impacts to the subsidized portion of the program from the

413

inclusion of the full-pay program, which shall include

414

recommendations on how to eliminate or mitigate possible impacts

415

to the subsidized premiums.

416

     16.15. Establish benefit packages which conform to the

417

provisions of the Florida Kidcare program, as created in ss.

418

409.810-409.820.

419

     Section 5.  Subsection (5) of section 409.814, Florida

420

Statutes, is amended to read:

421

     409.814  Eligibility.--A child who has not reached 19 years

422

of age whose family income is equal to or below 200 percent of

423

the federal poverty level is eligible for the Florida Kidcare

424

program as provided in this section. For enrollment in the

425

Children's Medical Services Network, a complete application

426

includes the medical or behavioral health screening. If,

427

subsequently, an individual is determined to be ineligible for

428

coverage, he or she must immediately be disenrolled from the

429

respective Florida Kidcare program component.

430

     (5)  A child whose family income is above 200 percent of the

431

federal poverty level or a child who is excluded under the

432

provisions of subsection (4) may participate in the Medikids

433

program as provided in s. 409.8132 or, if the child is ineligible

434

for Medikids by reason of age, in the Florida Healthy Kids

435

program, subject to the following provisions:

436

     (a)  The family is not eligible for premium assistance

437

payments and must pay the full cost of the premium, including any

438

administrative costs.

439

     (b) The agency is authorized to place limits on enrollment

440

in Medikids by these children in order to avoid adverse

441

selection. The number of children participating in Medikids whose

442

family income exceeds 200 percent of the federal poverty level

443

must not exceed 10 percent of total enrollees in the Medikids

444

program.

445

     (b)(c) The board of directors of the Florida Healthy Kids

446

Corporation may is authorized to place limits on enrollment of

447

these children in order to avoid adverse selection. In addition,

448

the board is authorized to offer a reduced benefit package to

449

these children in order to limit program costs for such families.

450

The number of children participating in the Florida Healthy Kids

451

program whose family income exceeds 200 percent of the federal

452

poverty level must not exceed 10 percent of total enrollees in

453

the Florida Healthy Kids program.

454

     Section 6.  Effective upon this act becoming law and

455

applicable to policies issued or renewed on or after October 1,

456

2008, section 627.6562, Florida Statutes, is amended to read:

457

     627.6562  Dependent coverage.--

458

     (1)  If an insurer offers coverage that insures dependent

459

children of the policyholder or certificateholder, the policy

460

must insure a dependent child of the policyholder or

461

certificateholder at least until the end of the calendar year in

462

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

463

the following:

464

     (a)  The child is dependent upon the policyholder or

465

certificateholder for support.

466

     (b)  The child is living in the household of the

467

policyholder or certificateholder, or the child is a full-time or

468

part-time student.

469

     (2) A policy that is subject to the requirements of

470

subsection (1) must also offer the policyholder or

471

certificateholder the option to insure a child of the

472

policyholder or certificateholder at least until the end of the

473

calendar year in which the child reaches the age of 30, if the

474

child:

475

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

476

her own;

477

     (b) Is a resident of this state or a full-time or part-time

478

student; and

479

     (c) Is not provided coverage as a named subscriber,

480

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

481

blanket, or franchise health insurance policy or individual

482

health benefits plan, or entitled to benefits under Title XVIII

483

of the Social Security Act.

484

     (3) If, pursuant to subsection (2), a child is provided

485

coverage under the parent's policy after the end of the calendar

486

year in which the child reaches age 25, and coverage for the

487

child is subsequently terminated, the child is not eligible to be

488

covered under the parent's policy unless the child was

489

continuously covered by other creditable coverage without a gap

490

in coverage of more than 63 days. For the purposes of this

491

subsection, the term "creditable coverage" has the same meaning

492

as defined in s. 627.6561(5).

493

     (4)(2) Nothing in This section does not affect or preempt

494

affects or preempts an insurer's right to medically underwrite or

495

charge the appropriate premium.

496

     Section 7.  Effective upon this act becoming a law and

497

applicable to policies issued or renewed on or after that date,

498

paragraph (v) of subsection (3) of section 627.6699, Florida

499

Statutes, is amended to read:

500

     627.6699  Employee Health Care Access Act.--

501

     (3)  DEFINITIONS.--As used in this section, the term:

502

     (v)  "Small employer" means, in connection with a health

503

benefit plan with respect to a calendar year and a plan year, any

504

person, sole proprietor, self-employed individual, independent

505

contractor, firm, corporation, partnership, or association that

506

is actively engaged in business, has its principal place of

507

business in this state, employed an average of at least 1 but not

508

more than 50 eligible employees on business days during the

509

preceding calendar year, the majority of whom were employed

510

within this state, and employs at least 1 employee on the first

511

day of the plan year, and is not formed primarily for the purpose

512

of purchasing health insurance. In determining the number of

513

eligible employees, companies that are an affiliated group as

514

defined in s. 1504(a) of the Internal Revenue Code shall be

515

considered one employer. For purposes of this section, a sole

516

proprietor, an independent contractor, or a self-employed

517

individual is considered a small employer only if all of the

518

conditions and criteria established in this section are met.

519

     Section 8.  This act shall take effect upon becoming a law.