CS for CS for SB 2534 Third Engrossed
20082534e3
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A bill to be entitled
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An act relating to health insurance; amending s. 112.363,
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F.S.; specifying that coverage provided through the Cover
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Florida Health Care Access Program is considered health
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insurance coverage for the purposes of determining
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eligibility for the state retiree health insurance
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subsidy; amending s. 408.909, F.S.; revising eligibility
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for enrollment in a health flex plan; revising the
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expiration date of the health flex plan program; creating
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s. 408.9091, F.S.; creating the Cover Florida Health Care
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Access Program; providing a short title; providing
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legislative intent; providing definitions; requiring the
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Agency for Health Care Administration and the Office of
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Insurance Regulation of the Financial Services Commission
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within the Department of Financial Services to jointly
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administer the program; providing program requirements;
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requiring the development of guidelines to meet minimum
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standards for quality of care and access to care;
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requiring the agency to ensure that the Cover Florida
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plans follow standardized grievance procedures; requiring
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the Executive Office of the Governor, the agency, and the
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office to develop a public awareness program; authorizing
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public and private entities to design or extend incentives
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for participation in the Cover Florida Access Program;
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requiring the agency and the office to announce an
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invitation to negotiate for Cover Florida plan entities to
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design a coverage proposal; requiring the agency and the
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office to approve one plan entity; authorizing the agency
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and the office to approve one regional network plan in
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each existing Medicaid area; requiring the invitation to
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negotiate to include certain guidelines; providing certain
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conditions in which plans are disapproved or withdrawn;
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authorizing the agency and the office to announce an
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invitation to negotiate for companies that offer
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supplemental insurance or discount medical plans;
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providing that certain licensing requirements or ch. 641,
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F.S., are not applicable to a Cover Florida plan;
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providing that Cover Florida plans are considered
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insurance under certain conditions; excluding Cover
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Florida plans from the Florida Life and Health Insurance
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Guaranty Association and the Health Maintenance
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Organization Consumer Assistance Plan; providing
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requirements for eligibility in a Cover Florida plan;
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requiring each Cover Florida plan to maintain and provide
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certain records; providing that coverage under a Cover
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Florida plan is not an entitlement and does not give rise
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to a cause of action; requiring the agency and the office
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to evaluate the Cover Florida program and submit an annual
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report to the Governor and the Legislature; requiring the
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agency and the Financial Services Commission to adopt
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rules; creating s. 408.910, F.S.; establishing the Florida
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Health Choices Program; providing legislative intent;
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providing definitions; providing program purpose and
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components; providing employer eligibility criteria;
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providing individual eligibility criteria; providing
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employer enrollment criteria; providing vendor, product,
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and service eligibility criteria; providing for individual
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participation regardless of subsequent job status or
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Medicaid eligibility; providing vendor enrollment
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criteria; providing for participation by health insurance
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agents; providing criteria for products available for
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purchase; providing criteria for product pricing;
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providing for an administrative surcharge; providing for
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an exchange process; providing for enrollment periods and
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changes in selected products; requiring the corporation to
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establish a website to provide information about products
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and services; providing methods for the pooling of risk;
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providing for exemptions from certain statutory
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provisions, mandated offerings and coverages, and
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licensing requirements; providing for administrators;
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creating the Florida Health Choices, Inc.; requiring the
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department to supervise any liquidation or dissolution of
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the corporation; providing for corporate governance and
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board membership and terms; providing for reimbursement
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for per diem and travel expenses; providing for powers and
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duties of the corporation; requiring the corporation to
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coordinate with the Department of Revenue to develop a
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plan by January 1, 2009, for creating tax exemptions or
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refunds for participating in the program; requiring the
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corporation to submit an annual report to the Governor and
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Legislature; authorizing the corporation to establish and
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enforce certain program integrity measures; amending s.
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409.814, F.S.; revising the eligibility requirements for
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participation in the Medikids program or the Florida
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Healthy Kids program; deleting certain limitations;
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creating s. 624.1265, F.S.; exempting certain nonprofit
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religious organizations from requirements of the Florida
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Insurance Code; preserving certain authority of such
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organizations; requiring such organizations to provide
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certain notice to prospective participants; providing
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notice requirements; amending s. 624.91, F.S.; revising
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the duties of the Florida Healthy Kids Corporation;
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amending s. 627.602, F.S.; requiring that individual
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health insurance policies insuring dependent children of a
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policyholder comply with certain provisions of state law;
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amending s. 627.6562, F.S.; requiring group health
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insurance policies that provide dependent coverage to
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provide the policyholder with the option of insuring a
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child until the age of 30 under certain circumstances;
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amending s. 641.31, F.S.; requiring that health
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maintenance organization contracts providing coverage for
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a member of the subscriber's family to comply with certain
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provisions of state law; providing an appropriation;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (d) of subsection (2) of section
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112.363, Florida Statutes, is amended to read:
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112.363 Retiree health insurance subsidy.--
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(2) ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.--
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(d) Payment of the retiree health insurance subsidy shall
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be made only after coverage for health insurance for the retiree
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or beneficiary has been certified in writing to the Department of
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Management Services. Participation in a former employer's group
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health insurance program is not a requirement for eligibility
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under this section. Coverage issued pursuant to s. 408.9091 is
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considered health insurance for the purposes of this section.
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Section 2. Subsections (5) and (10) of section 408.909,
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Florida Statutes, are amended to read:
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408.909 Health flex plans.--
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(5) ELIGIBILITY.--Eligibility to enroll in an approved
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health flex plan is limited to residents of this state who:
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(a)1. Are 64 years of age or younger;
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2.(b) Have a family income equal to or less than 300 200
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percent of the federal poverty level;
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(c) Are eligible under a federally approved Medicaid
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demonstration waiver and reside in Palm Beach County or Miami-
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Dade County;
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3.(d) Are not covered by a private insurance policy and are
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not eligible for coverage through a public health insurance
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program, such as Medicare or Medicaid, unless specifically
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authorized under paragraph (c), or another public health care
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program, such as Kidcare, and have not been covered at any time
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during the past 6 months, except that:
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a. A person who was covered under an individual health
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maintenance contract issued by a health maintenance organization
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licensed under part I of chapter 641 which was also an approved
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health flex plan on October 1, 2008, may apply for coverage in
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the same health maintenance organization's health flex plan
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without a lapse in coverage if all other eligibility requirements
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are met; or
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b. A person who was covered under Medicaid or Kidcare and
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lost eligibility for the Medicaid or Kidcare subsidy due to
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income restrictions within 90 days prior to applying for health
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care coverage through an approved health flex plan may apply for
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coverage in a health flex plan without a lapse in coverage if all
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other eligibility requirements are met; and
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4.(e) Have applied for health care coverage as an
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individual through an approved health flex plan and have agreed
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to make any payments required for participation, including
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periodic payments or payments due at the time health care
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services are provided; or
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(b) Are part of an employer group of which at least 75
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percent of the employees have a family income equal to or less
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than 300 percent of the federal poverty level and the employer
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group is not covered by a private health insurance policy and has
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not been covered at any time during the past 6 months. If the
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health flex plan entity is a health insurer, health plan, or
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health maintenance organization licensed under Florida law, only
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50 percent of the employees must meet the income requirements for
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the purpose of this paragraph.
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(10) EXPIRATION.--This section expires July 1, 2013 2008.
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Section 3. Section 408.9091, Florida Statutes, is created
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to read:
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408.9091 Cover Florida Health Care Access Program.--
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(1) SHORT TITLE.--This section may be cited as the "Cover
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Florida Health Care Access Program Act."
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(2) LEGISLATIVE INTENT.--The Legislature finds that a
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significant number of state residents are unable to obtain
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affordable health insurance coverage. The Legislature also finds
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that existing health flex plan coverage has had limited
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participation due in part to narrow eligibility restrictions as
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well as minimal benefit options for catastrophic and emergency
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care coverage. Therefore, it is the intent of the Legislature to
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expand the availability of health care options for uninsured
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residents by developing an affordable health care product that
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emphasizes coverage for basic and preventive health care
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services; provides inpatient hospital, urgent, and emergency care
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services; and is offered statewide by approved health insurers,
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health maintenance organizations, health-care-provider-sponsored
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organizations, or health care districts.
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(3) DEFINITIONS.--As used in this section, the term:
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(a) "Agency" means the Agency for Health Care
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Administration.
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(b) "Cover Florida plan" means a consumer choice benefit
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plan approved under this section which guarantees payment or
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coverage for specified benefits provided to an enrollee.
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(c) "Cover Florida plan coverage" means health care
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services that are covered as benefits under a Cover Florida plan.
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(d) "Cover Florida plan entity" means a health insurer,
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health maintenance organization, health-care-provider-sponsored
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organization, or health care district that develops and
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implements a Cover Florida plan and is responsible for
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administering the plan and paying all claims for Cover Florida
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plan coverage by enrollees.
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(e) "Cover Florida Plus" means a supplemental insurance
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product, such as for additional catastrophic coverage or dental,
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vision, or cancer coverage, approved under this section and
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offered to all enrollees.
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(f) "Enrollee" means an individual who has been determined
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to be eligible for and is receiving health insurance coverage
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under a Cover Florida plan.
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(g) "Office" means the Office of Insurance Regulation of
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the Financial Services Commission.
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(4) PROGRAM.--The agency and the office shall jointly
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establish and administer the Cover Florida Health Care Access
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Program.
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(a) General Cover Florida plan components must require
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that:
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1. Plans are offered on a guaranteed-issue basis to
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enrollees, subject to exclusions for preexisting conditions
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approved by the office and the agency.
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2. Plans are portable such that the enrollee remains
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covered regardless of employment status or the cost-sharing of
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premiums.
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3. Plans provide for cost containment through limits on the
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number of services, caps on benefit payments, and copayments for
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services.
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4. A Cover Florida plan entity makes all benefit plan and
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marketing materials available in English and Spanish.
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5. In order to provide for consumer choice, Cover Florida
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plan entities develop two alternative benefit option plans having
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different cost and benefit levels, including at least one plan
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that provides catastrophic coverage.
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6. Plans without catastrophic coverage provide coverage
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options for services including, but not limited to:
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a. Preventive health services, including immunizations,
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annual health assessments, well-woman and well-care services, and
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preventive screenings such as mammograms, cervical cancer
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screenings, and noninvasive colorectal or prostate screenings.
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b. Incentives for routine preventive care.
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c. Office visits for the diagnosis and treatment of illness
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or injury.
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d. Office surgery, including anesthesia.
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e. Behavioral health services.
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f. Durable medical equipment and prosthetics.
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g. Diabetic supplies.
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7. Plans providing catastrophic coverage, at a minimum,
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provide coverage options for all of the services listed under
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subparagraph 6.; however, such plans may include, but are not
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limited to, coverage options for:
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a. Inpatient hospital stays.
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b. Hospital emergency care services.
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c. Urgent care services.
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d. Outpatient facility services, outpatient surgery, and
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outpatient diagnostic services.
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8. All plans offer prescription drug benefit coverage, use
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a prescription drug manager, or offer a discount drug card.
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9. Plan enrollment materials provide information in plain
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language on policy benefit coverage, benefit limits, cost-sharing
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requirements, and exclusions and a clear representation of what
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is not covered in the plan. Such enrollment materials must
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include a standard disclosure form adopted by rule by the
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Financial Services Commission, to be reviewed and executed by all
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consumers purchasing Cover Florida plan coverage.
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10. Plans offered through a qualified employer meet the
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requirements of s. 125 of the Internal Revenue Code.
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(b) Guidelines shall be developed to ensure that Cover
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Florida plans meet minimum standards for quality of care and
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access to care. The agency shall ensure that the Cover Florida
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plans follow standardized grievance procedures.
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(c) Changes in Cover Florida plan benefits, premiums, and
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policy forms are subject to regulatory oversight by the office
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and the agency as provided under rules adopted by the Financial
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Services Commission and the agency.
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(d) The agency, the office, and the Executive Office of the
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Governor shall develop a public awareness program to be
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implemented throughout the state for the promotion of the Cover
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Florida Health Care Access Program.
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(e) Public or private entities may design programs to
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encourage Floridians to participate in the Cover Florida Health
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Care Access Program or to encourage employers to cosponsor some
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share of Cover Florida plan premiums for employees.
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(5) PLAN PROPOSALS.--The agency and the office shall
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announce, no later than July 1, 2008, an invitation to negotiate
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for Cover Florida plan entities to design a Cover Florida plan
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proposal in which benefits and premiums are specified.
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(a) The invitation to negotiate shall include guidelines
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for the review of Cover Florida plan applications, policy forms,
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and all associated forms and provide regulatory oversight of
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Cover Florida plan advertisement and marketing procedures. A plan
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shall be disapproved or withdrawn if the plan:
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1. Contains any ambiguous, inconsistent, or misleading
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provisions or any exceptions or conditions that deceptively
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affect or limit the benefits purported to be assumed in the
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general coverage provided by the plan;
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2. Provides benefits that are unreasonable in relation to
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the premium charged or contains provisions that are unfair or
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inequitable, that are contrary to the public policy of this
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state, that encourage misrepresentation, or that result in unfair
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discrimination in sales practices;
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3. Cannot demonstrate that the plan is financially sound
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and that the applicant is able to underwrite or finance the
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health care coverage provided;
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4. Cannot demonstrate that the applicant and its management
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are in compliance with the standards required under s.
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624.404(3); or
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5. Does not guarantee that enrollees may participate in the
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Cover Florida plan entity's comprehensive network of providers,
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as determined by the office, the agency, and the contract.
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(b) The agency and the office may announce an invitation to
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negotiate for the design of Cover Florida Plus products to
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companies that offer supplemental insurance, discount medical
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plan organizations licensed under part II of chapter 636, or
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prepaid health clinics licensed under part II of chapter 641.
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(c) The agency and office shall approve at least one Cover
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Florida plan entity having an existing statewide network of
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providers and may approve at least one regional network plan in
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each existing Medicaid area.
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(6) LICENSE NOT REQUIRED.--
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(a) The licensing requirements of the Florida Insurance
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Code and chapter 641 relating to health maintenance organizations
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do not apply to a Cover Florida plan approved under this section
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unless expressly made applicable. However, for the purpose of
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prohibiting unfair trade practices, Cover Florida plans are
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considered to be insurance subject to the applicable provisions
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of part IX of chapter 626 except as otherwise provided in this
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section.
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(b) Cover Florida plans are not covered by the Florida Life
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and Health Insurance Guaranty Association under part III of
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chapter 631 or by the Health Maintenance Organization Consumer
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Assistance Plan under part IV of chapter 631.
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(7) ELIGIBILITY.--Eligibility to enroll in a Cover Florida
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plan is limited to residents of this state who meet all of the
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following requirements:
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(a) Are between 19 and 64 years of age, inclusive.
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(b) Are not covered by a private insurance policy and are
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not eligible for coverage through a public health insurance
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program, such as Medicare, Medicaid, or Kidcare, unless
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eligibility for coverage lapses due to no longer meeting income
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or categorical requirements.
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(c) Have not been covered by any health insurance program
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at any time during the past 6 months, unless coverage under a
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health insurance program was terminated within the previous 6
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months due to:
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1. Loss of a job that provided an employer-sponsored health
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benefit plan;
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2. Exhaustion of coverage that was continued under COBRA or
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continuation-of-coverage requirements under s. 627.6692;
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3. Reaching the limiting age under the policy; or
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4. Death of, or divorce from, a spouse who was provided an
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employer-sponsored health benefit plan.
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(d) Have applied for health care coverage through a Cover
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Florida plan and have agreed to make any payments required for
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participation, including periodic payments or payments due at the
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time health care services are provided.
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(8) RECORDS.--Each Cover Florida plan must maintain
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enrollment data and provide network data and reasonable records
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to enable the office and the agency to monitor plans and to
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determine the financial viability of the Cover Florida plan, as
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necessary.
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(9) NONENTITLEMENT.--Coverage under a Cover Florida plan is
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not an entitlement, and a cause of action does not arise against
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the state, a local government entity, any other political
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subdivision of the state, or the agency or the office for failure
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to make coverage available to eligible persons under this
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section.
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(10) PROGRAM EVALUATION.--The agency and the office shall:
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(a) Evaluate the Cover Florida Health Care Access Program
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and its effect on the entities that seek approval as Cover
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Florida plans, on the number of enrollees, and on the scope of
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the health care coverage offered under a Cover Florida plan.
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(b) Provide an assessment of the Cover Florida plans and
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their potential applicability in other settings.
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(c) Use Cover Florida plans to gather more information to
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evaluate low-income, consumer-driven benefit packages.
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(d) Jointly submit by March 1, 2009, and annually
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thereafter, a report to the Governor, the President of the
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Senate, and the Speaker of the House of Representatives which
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provides the information specified in paragraphs (a)-(c) and
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recommendations relating to the successful implementation and
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administration of the program.
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(11) RULEMAKING AUTHORITY.--The agency and the Financial
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Services Commission may adopt rules pursuant to ss. 120.536(1)
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and 120.54 as needed to administer this section.
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Section 4. Section 408.910, Florida Statutes, is created to
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read:
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408.910 Florida Health Choices Program.--
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(1) LEGISLATIVE INTENT.--The Legislature finds that a
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significant number of the residents of this state do not have
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adequate access to affordable, quality health care. The
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Legislature further finds that increasing access to affordable,
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quality health care can be best accomplished by establishing a
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competitive market for purchasing health insurance and health
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services. It is therefore the intent of the Legislature to create
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the Florida Health Choices Program to:
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(a) Expand opportunities for Floridians to purchase
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affordable health insurance and health services.
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(b) Preserve the benefits of employment-sponsored insurance
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while easing the administrative burden for employers who offer
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these benefits.
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(c) Enable individual choice in both the manner and amount
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of health care purchased.
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(d) Provide for the purchase of individual, portable health
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care coverage.
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(e) Disseminate information to consumers on the price and
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quality of health services.
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(f) Sponsor a competitive market that stimulates product
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innovation, quality improvement, and efficiency in the production
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and delivery of health services.
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(2) DEFINITIONS.--As used in this section, the term:
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(a) "Corporation" means the Florida Health Choices, Inc.,
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established under this section.
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(b) "Health insurance agent" means an agent licensed under
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part IV of chapter 626.
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(c) "Insurer" means an entity licensed under chapter 624
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which offers an individual health insurance policy or a group
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health insurance policy, a preferred provider organization as
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defined in s. 627.6471, or an exclusive provider organization as
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defined in s. 627.6472.
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(d) "Program" means the Florida Health Choices Program
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established by this section.
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(3) PROGRAM PURPOSE AND COMPONENTS.--The Florida Health
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Choices Program is created as a single, centralized market for
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the sale and purchase of various products that enable individuals
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to pay for health care. These products include, but are not
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limited to, health insurance plans, health maintenance
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organization plans, prepaid services, service contracts, and
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flexible spending accounts. The components of the program
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include:
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(a) Enrollment of employers.
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(b) Administrative services for participating employers,
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including:
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1. Assistance in seeking federal approval of cafeteria
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plans.
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2. Collection of premiums and other payments.
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3. Management of individual benefit accounts.
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4. Distribution of premiums to insurers and payments to
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other eligible vendors.
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5. Assistance for participants in complying with reporting
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requirements.
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(c) Services to individual participants, including:
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1. Information about available products and participating
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vendors.
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2. Assistance with assessing the benefits and limits of
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each product, including information necessary to distinguish
438
between policies offering creditable coverage and other products
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available through the program.
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3. Account information to assist individual participants
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with managing available resources.
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4. Services that promote healthy behaviors.
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(d) Recruitment of vendors, including insurers, health
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maintenance organizations, prepaid clinic service providers,
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provider service networks, and other providers.
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(e) Certification of vendors to ensure capability,
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reliability, and validity of offerings.
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(f) Collection of data, monitoring, assessment, and
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reporting of vendor performance.
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(g) Information services for individuals and employers.
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(h) Program evaluation.
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(4) ELIGIBILITY AND PARTICIPATION.--Participation in the
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program is voluntary and shall be available to employers,
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individuals, vendors, and health insurance agents as specified in
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this subsection.
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(a) Employers eligible to enroll in the program include:
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1. Employers that have 1 to 50 employees.
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2. Fiscally constrained counties described in s. 218.67.
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3. Municipalities having populations of fewer than 50,000
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residents.
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4. School districts in fiscally constrained counties.
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(b) Individuals eligible to participate in the program
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include:
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1. Individual employees of enrolled employers.
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2. State employees not eligible for state employee health
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benefits.
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3. State retirees.
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4. Medicaid reform participants who select the opt-out
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provision of reform.
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5. Statutory rural hospitals.
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(c) Employers who choose to participate in the program may
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enroll by complying with the procedures established by the
473
corporation. The procedures must include, but are not limited to:
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1. Submission of required information.
475
2. Compliance with federal tax requirements for the
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establishment of a cafeteria plan, pursuant to s. 125 of the
477
Internal Revenue Code, including designation of the employer's
478
plan as a premium payment plan, a salary reduction plan that has
479
flexible spending arrangements, or a salary reduction plan that
480
has a premium payment and flexible spending arrangements.
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3. Determination of the employer's contribution, if any,
482
per employee, provided that such contribution is equal for each
483
eligible employee.
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4. Establishment of payroll deduction procedures, subject
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to the agreement of each individual employee who voluntarily
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participates in the program.
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5. Designation of the corporation as the third-party
488
administrator for the employer's health benefit plan.
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6. Identification of eligible employees.
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7. Arrangement for periodic payments.
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8. Employer notification to employees of the intent to
492
transfer from an existing employee health plan to the program at
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least 90 days before the transition.
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(d) Eligible vendors and the products and services that the
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vendors are permitted to sell are as follows:
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1. Insurers licensed under chapter 624 may sell health
497
insurance policies, limited benefit policies, other risk-bearing
498
coverage, and other products or services.
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2. Health maintenance organizations licensed under part I
500
of chapter 641 may sell health insurance policies, limited
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benefit policies, other risk-bearing products, and other products
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or services.
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3. Prepaid health clinic service providers licensed under
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part II of chapter 641 may sell prepaid service contracts and
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other arrangements for a specified amount and type of health
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services or treatments.
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4. Health care providers, including hospitals and other
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licensed health facilities, health care clinics, licensed health
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professionals, pharmacies, and other licensed health care
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providers, may sell service contracts and arrangements for a
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specified amount and type of health services or treatments.
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5. Provider organizations, including service networks,
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group practices, professional associations, and other
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incorporated organizations of providers, may sell service
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contracts and arrangements for a specified amount and type of
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health services or treatments.
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6. Corporate entities providing specific health services in
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accordance with applicable state law may sell service contracts
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and arrangements for a specified amount and type of health
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services or treatments.
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A vendor described in subparagraphs 3.-6. may not sell products
523
that provide risk-bearing coverage unless that vendor is
524
authorized under a certificate of authority issued by the Office
525
of Insurance Regulation under the provisions of the Florida
526
Insurance Code. Otherwise eligible vendors may be excluded from
527
participating in the program for deceptive or predatory
528
practices, financial insolvency, or failure to comply with the
529
terms of the participation agreement or other standards set by
530
the corporation.
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(e) Eligible individuals may voluntarily continue
532
participation in the program regardless of subsequent changes in
533
job status or Medicaid eligibility. Individuals who join the
534
program may participate by complying with the procedures
535
established by the corporation. These procedures must include,
536
but are not limited to:
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1. Submission of required information.
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2. Authorization for payroll deduction.
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3. Compliance with federal tax requirements.
540
4. Arrangements for payment in the event of job changes.
541
5. Selection of products and services.
542
(f) Vendors who choose to participate in the program may
543
enroll by complying with the procedures established by the
544
corporation. These procedures must include, but are not limited
545
to:
546
1. Submission of required information, including a complete
547
description of the coverage, services, provider network, payment
548
restrictions, and other requirements of each product offered
549
through the program.
550
2. Execution of an agreement to make all risk-bearing
551
products offered through the program guaranteed-issue policies,
552
subject to preexisting-condition exclusions established by the
553
corporation.
554
3. Execution of an agreement that prohibits refusal to sell
555
any offered non-risk-bearing product to a participant who elects
556
to buy it.
557
4. Establishment of product prices based on age, gender,
558
and location of the individual participant.
559
5. Arrangements for receiving payment for enrolled
560
participants.
561
6. Participation in ongoing reporting processes established
562
by the corporation.
563
7. Compliance with grievance procedures established by the
564
corporation.
565
(g) Health insurance agents licensed under part IV of
566
chapter 626 are eligible to voluntarily participate as buyers'
567
representatives. A buyer's representative acts on behalf of an
568
individual purchasing health insurance and health services
569
through the program by providing information about products and
570
services available through the program and assisting the
571
individual with both the decision and the procedure of selecting
572
specific products. Serving as a buyer's representative does not
573
constitute a conflict of interest with continuing
574
responsibilities as a health insurance agent if the relationship
575
between each agent and any participating vendor is disclosed
576
before advising an individual participant about the products and
577
services available through the program. In order to participate,
578
a health insurance agent shall comply with the procedures
579
established by the corporation, including:
580
1. Completion of training requirements.
581
2. Execution of a participation agreement specifying the
582
terms and conditions of participation.
583
3. Disclosure of any appointments to solicit insurance or
584
procure applications for vendors participating in the program.
585
4. Arrangements to receive payment from the corporation for
586
services as a buyer's representative.
587
(5) PRODUCTS.--
588
(a) The products that may be made available for purchase
589
through the program include, but are not limited to:
590
1. Health insurance policies.
591
2. Limited benefit plans.
592
3. Prepaid clinic services.
593
4. Service contracts.
594
5. Arrangements for purchase of specific amounts and types
595
of health services and treatments.
596
6. Flexible spending accounts.
597
(b) Health insurance policies, limited benefit plans,
598
prepaid service contracts, and other contracts for services must
599
ensure the availability of covered services and benefits to
600
participating individuals for at least 1 full enrollment year.
601
(c) Products may be offered for multiyear periods provided
602
the price of the product is specified for the entire period or
603
for each separately priced segment of the policy or contract.
604
(d) The corporation shall provide a disclosure form for
605
consumers to acknowledge their understanding of the nature of,
606
and any limitations to, the benefits provided by the products and
607
services being purchased by the consumer.
608
(6) PRICING.--Prices for the products sold through the
609
program must be transparent to participants and established by
610
the vendors based on age, gender, and location of participants.
611
The corporation shall develop a methodology for evaluating the
612
actuarial soundness of products offered through the program. The
613
methodology shall be reviewed by the Office of Insurance
614
Regulation prior to use by the corporation. Before making the
615
product available to individual participants, the corporation
616
shall use the methodology to compare the expected health care
617
costs for the covered services and benefits to the vendor's price
618
for that coverage. The results shall be reported to individuals
619
participating in the program. Once established, the price set by
620
the vendor must remain in force for at least 1 year and may only
621
be redetermined by the vendor at the next annual enrollment
622
period. The corporation shall annually assess a surcharge for
623
each premium or price set by a participating vendor. The
624
surcharge may not be more than 2.5 percent of the price and shall
625
be used to generate funding for administrative services provided
626
by the corporation and payments to buyers' representatives.
627
(7) EXCHANGE PROCESS.--The program shall provide a single,
628
centralized market for purchase of health insurance and health
629
services. Purchases may be made by participating individuals over
630
the Internet or through the services of a participating health
631
insurance agent. Information about each product and service
632
available through the program shall be made available through
633
printed material and an interactive Internet website. A
634
participant needing personal assistance to select products and
635
services shall be referred to a participating agent in his or her
636
area.
637
(a) Participation in the program may begin at any time
638
during a year after the employer completes enrollment and meets
639
the requirements specified by the corporation pursuant to
640
paragraph (4)(c).
641
(b) Initial selection of products and services must be made
642
by an individual participant within 60 days after the date the
643
individual's employer qualified for participation. An individual
644
who fails to enroll in products and services by the end of this
645
period is limited to participation in flexible spending account
646
services until the next annual enrollment period.
647
(c) Initial enrollment periods for each product selected by
648
an individual participant must last at least 12 months, unless
649
the individual participant specifically agrees to a different
650
enrollment period.
651
(d) If an individual has selected one or more products and
652
enrolled in those products for at least 12 months or any other
653
period specifically agreed to by the individual participant,
654
changes in selected products and services may only be made during
655
the annual enrollment period established by the corporation.
656
(e) The limits established in paragraphs (b)-(d) apply to
657
any risk-bearing product that promises future payment or coverage
658
for a variable amount of benefits or services. The limits do not
659
apply to initiation of flexible spending plans if those plans are
660
not associated with specific high-deductible insurance policies
661
or the use of spending accounts for any products offering
662
individual participants specific amounts and types of health
663
services and treatments at a contracted price.
664
(8) CONSUMER INFORMATION.--The corporation shall establish
665
a secure website to facilitate the purchase of products and
666
services by participating individuals. The website must provide
667
information about each product or service available through the
668
program.
669
(a) Prior to making a risk-bearing product available
670
through the program, the corporation shall provide information
671
regarding the product to the Office of Insurance Regulation. The
672
office shall review the product information and provide consumer
673
information and a recommendation on the risk-bearing product to
674
the corporation within 30 days after receiving the product
675
information.
676
1. Upon receiving a recommendation that a risk-bearing
677
product should be made available in the marketplace, the
678
corporation may include the product on its website. If the
679
consumer information and recommendation is not received within 30
680
days, the corporation may make the risk-bearing product available
681
on the website without consumer information from the office.
682
2. Upon receiving a recommendation that a risk-bearing
683
product should not be made available in the marketplace, the
684
risk-bearing product may be included as an eligible product in
685
the marketplace and on its website only if a majority of the
686
board of directors vote to include the product.
687
(b) If a risk-bearing product is made available on the
688
website, the corporation shall make the consumer information and
689
office recommendation available on the website and in print
690
format. The corporation shall make late-submitted and ongoing
691
updates to consumer information available on the website and in
692
print format.
693
(9) RISK POOLING.--The program shall utilize methods for
694
pooling the risk of individual participants and preventing
695
selection bias. These methods shall include, but are not limited
696
to, a postenrollment risk adjustment of the premium payments to
697
the vendors. The corporation shall establish a methodology for
698
assessing the risk of enrolled individual participants based on
699
data reported by the vendors about their enrollees. Monthly
700
distributions of payments to the vendors shall be adjusted based
701
on the assessed relative risk profile of the enrollees in each
702
risk-bearing product for the most recent period for which data is
703
available.
704
(10) EXEMPTIONS.--
705
(a) Policies sold as part of the program are not subject to
706
the licensing requirements of the Florida Insurance Code, chapter
707
641, or the mandated offerings or coverages established in part
708
VI of chapter 627 and chapter 641.
709
(b) The corporation may act as an administrator as defined
710
in s. 626.88 but is not required to be certified pursuant to part
711
VII of chapter 626. However, a third party administrator used by
712
the corporation must be certified under part VII of chapter 626.
713
(11) CORPORATION.--There is created the Florida Health
714
Choices, Inc., which shall be registered, incorporated,
715
organized, and operated in compliance with part III of chapter
716
112, chapter 119, chapter 286 and chapter 617. The purpose of the
717
corporation is to administer the program created in this section
718
and to conduct such other business as may further the
719
administration of the program.
720
(a) The corporation shall be governed by a 15-member board
721
of directors consisting of:
722
1. Three ex officio, nonvoting members to include:
723
a. The Secretary of Health Care Administration or a
724
designee with expertise in health care services.
725
b. The Secretary of Management Services or a designee with
726
expertise in state employee benefits.
727
c. The Commissioner of the Office of Insurance Regulation
728
or a designee with expertise in insurance regulation.
729
2. Four members appointed by and serving at the pleasure of
730
the Governor.
731
3. Four members appointed by and serving at the pleasure of
732
the President of the Senate.
733
4. Four members appointed by and serving at the pleasure of
734
the Speaker of the House of Representatives.
735
5. Board members may not include insurers, health insurance
736
agents or brokers, health care providers, health maintenance
737
organizations, prepaid service providers, or any other entity,
738
affiliate or subsidiary of eligible vendors.
739
(b) Members shall be appointed for terms of up to 3 years.
740
Any member is eligible for reappointment. A vacancy on the board
741
shall be filled for the unexpired portion of the term in the same
742
manner as the original appointment.
743
(c) The board shall select a chief executive officer for
744
the corporation who shall be responsible for the selection of
745
such other staff as may be authorized by the corporation's
746
operating budget as adopted by the board.
747
(d) Board members are entitled to receive, from funds of
748
the corporation, reimbursement for per diem and travel expenses
749
as provided by s. 112.061. No other compensation is authorized.
750
(e) There is no liability on the part of, and no cause of
751
action shall arise against, any member of the board or its
752
employees or agents for any action taken by them in the
753
performance of their powers and duties under this section.
754
(f) The board shall develop and adopt bylaws and other
755
corporate procedures as necessary for the operation of the
756
corporation and carrying out the purposes of this section. The
757
bylaws shall:
758
1. Specify procedures for selection of officers and
759
qualifications for reappointment, provided that no board member
760
shall serve more than 9 consecutive years.
761
2. Require an annual membership meeting that provides an
762
opportunity for input and interaction with individual
763
participants in the program.
764
3. Specify policies and procedures regarding conflicts of
765
interest, including the provisions of part III of chapter 112,
766
which prohibit a member from participating in any decision that
767
would inure to the benefit of the member or the organization that
768
employs the member. The policies and procedures shall also
769
require public disclosure of the interest that prevents the
770
member from participating in a decision on a particular matter.
771
(g) The corporation may exercise all powers granted to it
772
under chapter 617 necessary to carry out the purposes of this
773
section, including, but not limited to, the power to receive and
774
accept grants, loans, or advances of funds from any public or
775
private agency and to receive and accept from any source
776
contributions of money, property, labor, or any other thing of
777
value to be held, used, and applied for the purposes of this
778
section.
779
(h) The corporation may establish technical advisory panels
780
consisting of interested parties, including consumers, health
781
care providers, individuals with expertise in insurance
782
regulation, and insurers.
783
(i) The corporation shall:
784
1. Determine eligibility of employers, vendors,
785
individuals, and agents in accordance with subsection (4).
786
2. Establish procedures necessary for the operation of the
787
program, including, but not limited to, procedures for
788
application, enrollment, risk assessment, risk adjustment, plan
789
administration, performance monitoring, and consumer education.
790
3. Arrange for collection of contributions from
791
participating employers and individuals.
792
4. Arrange for payment of premiums and other appropriate
793
disbursements based on the selections of products and services by
794
the individual participants.
795
5. Establish criteria for disenrollment of participating
796
individuals based on failure to pay the individual's share of any
797
contribution required to maintain enrollment in selected
798
products.
799
6. Establish criteria for exclusion of vendors pursuant to
800
paragraph (4)(d).
801
7. Develop and implement a plan for promoting public
802
awareness of and participation in the program.
803
8. Secure staff and consultant services necessary to the
804
operation of the program.
805
9. Establish policies and procedures regarding
806
participation in the program for individuals, vendors, health
807
insurance agents, and employers.
808
10. Develop a plan, in coordination with the Department of
809
Revenue, to establish tax credits or refunds for employers that
810
participate in the program. The corporation shall submit the plan
811
to the Governor, the President of the Senate, and the Speaker of
812
the House of Representatives by January 1, 2009.
813
(12) REPORT.--Beginning in the 2009-2010 fiscal year,
814
submit by February 1 an annual report to the Governor, the
815
President of the Senate, and the Speaker of the House of
816
Representatives documenting the corporation's activities in
817
compliance with the duties delineated in this section.
818
(13) PROGRAM INTEGRITY.--To ensure program integrity and to
819
safeguard the financial transactions made under the auspices of
820
the program, the corporation is authorized to establish
821
qualifying criteria and certification procedures for vendors,
822
require performance bonds or other guarantees of ability to
823
complete contractual obligations, monitor the performance of
824
vendors, and enforce the agreements of the program through
825
financial penalty or disqualification from the program.
826
Section 5. Subsection (5) of section 409.814, Florida
827
Statutes, is amended to read:
828
409.814 Eligibility.--A child who has not reached 19 years
829
of age whose family income is equal to or below 200 percent of
830
the federal poverty level is eligible for the Florida Kidcare
831
program as provided in this section. For enrollment in the
832
Children's Medical Services Network, a complete application
833
includes the medical or behavioral health screening. If,
834
subsequently, an individual is determined to be ineligible for
835
coverage, he or she must immediately be disenrolled from the
836
respective Florida Kidcare program component.
837
(5) A child whose family income is above 200 percent of the
838
federal poverty level or a child who is excluded under the
839
provisions of subsection (4) may participate in the Medikids
840
program as provided in s. 409.8132 or, if the child is ineligible
841
for Medikids by reason of age, in the Florida Healthy Kids
842
program, subject to the following provisions:
843
(a) The family is not eligible for premium assistance
844
payments and must pay the full cost of the premium, including any
845
administrative costs.
846
(b) The agency is authorized to place limits on enrollment
847
in Medikids by these children in order to avoid adverse
848
selection. The number of children participating in Medikids whose
849
family income exceeds 200 percent of the federal poverty level
850
must not exceed 10 percent of total enrollees in the Medikids
851
program.
852
(b)(c) The board of directors of the Florida Healthy Kids
853
Corporation may is authorized to place limits on enrollment of
854
these children in order to avoid adverse selection. In addition,
855
the board is authorized to offer a reduced benefit package to
856
these children in order to limit program costs for such families.
857
The number of children participating in the Florida Healthy Kids
858
program whose family income exceeds 200 percent of the federal
859
poverty level must not exceed 10 percent of total enrollees in
860
the Florida Healthy Kids program.
861
Section 6. Section 624.1265, Florida Statutes, is created
862
to read:
863
624.1265 Nonprofit religious organization exemption;
864
authority; notice.--
865
(1) A nonprofit religious organization is not subject to
866
the requirements of the Florida Insurance Code if the nonprofit
867
religious organization qualifies under Title 26, s. 501 of the
868
Internal Revenue Code of 1986, as amended; limits its
869
participants to members of the same religion; acts as an
870
organizational clearinghouse for information between participants
871
who have financial, physical, or medical needs and participants
872
who have the ability to pay for the benefit of those participants
873
who have financial, physical, or medical needs; provides for the
874
financial or medical needs of a participant through payments
875
directly from one participant to another participant; and
876
suggests amounts that participants may voluntarily give with no
877
assumption of risk or promise to pay among the participants or
878
between the participants.
879
(2) This section does not prevent the organization
880
described in subsection (1) from establishing qualifications of
881
participation relating to the health of a prospective
882
participant, does not prevent a participant from limiting the
883
financial or medical needs that may be eligible for payment, and
884
does not prevent the organization from canceling the membership
885
of a participant when such participant indicates his or her
886
unwillingness to participate by failing to make a payment to
887
another participant for a period in excess of 60 days.
888
(3) The religious organization described in subsection (1)
889
shall provide each prospective participant in the organizational
890
clearinghouse written notice that the organization is not an
891
insurance company, that membership is not offered through an
892
insurance company, and that the organization is not subject to
893
the regulatory requirements or consumer protections of the
894
Florida Insurance Code.
895
Section 7. Paragraph (b) of subsection (5) of section
896
624.91, Florida Statutes, is amended to read:
897
624.91 The Florida Healthy Kids Corporation Act.--
898
(5) CORPORATION AUTHORIZATION, DUTIES, POWERS.--
899
(b) The Florida Healthy Kids Corporation shall:
900
1. Arrange for the collection of any family, local
901
contributions, or employer payment or premium, in an amount to be
902
determined by the board of directors, to provide for payment of
903
premiums for comprehensive insurance coverage and for the actual
904
or estimated administrative expenses.
905
2. Arrange for the collection of any voluntary
906
contributions to provide for payment of premiums for children who
907
are not eligible for medical assistance under Title XXI of the
908
Social Security Act.
909
3. Subject to the provisions of s. 409.8134, accept
910
voluntary supplemental local match contributions that comply with
911
the requirements of Title XXI of the Social Security Act for the
912
purpose of providing additional coverage in contributing counties
913
under Title XXI.
914
4. Establish the administrative and accounting procedures
915
for the operation of the corporation.
916
5. Establish, with consultation from appropriate
917
professional organizations, standards for preventive health
918
services and providers and comprehensive insurance benefits
919
appropriate to children, provided that such standards for rural
920
areas shall not limit primary care providers to board-certified
921
pediatricians.
922
6. Determine eligibility for children seeking to
923
participate in the Title XXI-funded components of the Florida
924
Kidcare program consistent with the requirements specified in s.
925
409.814, as well as the non-Title-XXI-eligible children as
926
provided in subsection (3).
927
7. Establish procedures under which providers of local
928
match to, applicants to and participants in the program may have
929
grievances reviewed by an impartial body and reported to the
930
board of directors of the corporation.
931
8. Establish participation criteria and, if appropriate,
932
contract with an authorized insurer, health maintenance
933
organization, or third-party administrator to provide
934
administrative services to the corporation.
935
9. Establish enrollment criteria which shall include
936
penalties or waiting periods of not fewer than 60 days for
937
reinstatement of coverage upon voluntary cancellation for
938
nonpayment of family premiums.
939
10. Contract with authorized insurers or any provider of
940
health care services, meeting standards established by the
941
corporation, for the provision of comprehensive insurance
942
coverage to participants. Such standards shall include criteria
943
under which the corporation may contract with more than one
944
provider of health care services in program sites. Health plans
945
shall be selected through a competitive bid process. The Florida
946
Healthy Kids Corporation shall purchase goods and services in the
947
most cost-effective manner consistent with the delivery of
948
quality medical care. The maximum administrative cost for a
949
Florida Healthy Kids Corporation contract shall be 15 percent.
950
For health care contracts, the minimum medical loss ratio for a
951
Florida Healthy Kids Corporation contract shall be 85 percent.
952
For dental contracts, the remaining compensation to be paid to
953
the authorized insurer or provider under a Florida Healthy Kids
954
Corporation contract shall be no less than an amount which is 85
955
percent of premium; to the extent any contract provision does not
956
provide for this minimum compensation, this section shall
957
prevail. The health plan selection criteria and scoring system,
958
and the scoring results, shall be available upon request for
959
inspection after the bids have been awarded.
960
11. Establish disenrollment criteria in the event local
961
matching funds are insufficient to cover enrollments.
962
12. Develop and implement a plan to publicize the Florida
963
Healthy Kids Corporation, the eligibility requirements of the
964
program, and the procedures for enrollment in the program and to
965
maintain public awareness of the corporation and the program.
966
13. Secure staff necessary to properly administer the
967
corporation. Staff costs shall be funded from state and local
968
matching funds and such other private or public funds as become
969
available. The board of directors shall determine the number of
970
staff members necessary to administer the corporation.
971
14. Provide a report annually to the Governor, Chief
972
Financial Officer, Commissioner of Education, Senate President,
973
Speaker of the House of Representatives, and Minority Leaders of
974
the Senate and the House of Representatives.
975
15. Provide information on a quarterly basis to the
976
Legislature and the Governor which compares the costs and
977
utilization of the full-pay enrolled population and the Title
978
XXI-subsidized enrolled population in the Florida Kidcare
979
program. The information, at a minimum, must include:
980
a. The monthly enrollment and expenditure for full-pay
981
enrollees in the Medikids and Florida Healthy Kids programs
982
compared to the Title XXI-subsidized enrolled population; and
983
b. The costs and utilization by service of the full-pay
984
enrollees in the Medikids and Florida Healthy Kids programs and
985
the Title XXI-subsidized enrolled population.
986
987
By February 1, 2009, the Florida Healthy Kids Corporation shall
988
provide a study to the Legislature and the Governor on premium
989
impacts to the subsidized portion of the program from the
990
inclusion of the full-pay program, which shall include
991
recommendations on how to eliminate or mitigate possible impacts
992
to the subsidized premiums.
993
16.15. Establish benefit packages which conform to the
994
provisions of the Florida Kidcare program, as created in ss.
996
Section 8. Effective upon this act becoming a law and
997
applicable to policies issued or renewed on or after October 1,
998
2008, paragraph (c) of subsection (1) of section 627.602, Florida
999
Statutes, is amended to read:
1000
627.602 Scope, format of policy.--
1001
(1) Each health insurance policy delivered or issued for
1002
delivery to any person in this state must comply with all
1003
applicable provisions of this code and all of the following
1004
requirements:
1005
(c) The policy may purport to insure only one person,
1006
except that upon the application of an adult member of a family,
1007
who is deemed to be the policyholder, a policy may insure, either
1008
originally or by subsequent amendment, any eligible members of
1009
that family, including husband, wife, any children or any person
1010
dependent upon the policyholder. If an insurer offers coverage
1011
for dependent children of the policyholder, such policy must
1012
comply with the provisions of s. 627.6562.
1013
Section 9. Effective upon this act becoming a law and
1014
applicable to policies issued or renewed on or after October 1,
1015
2008, section 627.6562, Florida Statutes, is amended to read:
1016
627.6562 Dependent coverage.--
1017
(1) If an insurer offers coverage under a group, blanket,
1018
or franchise health insurance policy that insures dependent
1019
children of the policyholder or certificateholder, the policy
1020
must insure a dependent child of the policyholder or
1021
certificateholder at least until the end of the calendar year in
1022
which the child reaches the age of 25, if the child meets all of
1023
the following:
1024
(a) The child is dependent upon the policyholder or
1025
certificateholder for support.
1026
(b) The child is living in the household of the
1027
policyholder or certificateholder, or the child is a full-time or
1028
part-time student.
1029
(2) A policy that is subject to the requirements of
1030
subsection (1) must also offer the policyholder or
1031
certificateholder the option to insure a child of the
1032
policyholder or certificateholder at least until the end of the
1033
calendar year in which the child reaches the age of 30, if the
1034
child:
1035
(a) Is unmarried and does not have a dependent of his or
1036
her own;
1037
(b) Is a resident of this state or a full-time or part-time
1038
student; and
1039
(c) Is not provided coverage as a named subscriber,
1040
insured, enrollee, or covered person under any other group,
1041
blanket, or franchise health insurance policy or individual
1042
health benefits plan, or is not entitled to benefits under Title
1043
XVIII of the Social Security Act.
1044
(3) If, pursuant to subsection (2), a child is provided
1045
coverage under the parent's policy after the end of the calendar
1046
year in which the child reaches age 25 and coverage for the child
1047
is subsequently terminated, the child is not eligible to be
1048
covered under the parent's policy unless the child was
1049
continuously covered by other creditable coverage without a gap
1050
in coverage of more than 63 days. For the purposes of this
1051
subsection, the term "creditable coverage" has the same meaning
1052
as provided in s. 627.6561(5).
1053
(4)(2) Nothing in This section does not:
1054
(a) Affect or preempt affects or preempts an insurer's
1055
right to medically underwrite or charge the appropriate premium;
1056
(b) Require coverage for services provided to a dependent
1057
before October 1, 2008;
1058
(c) Require an employer to pay all or part of the cost of
1059
coverage provided for a dependent under this section; or
1060
(d) Prohibit an insurer or health maintenance organization
1061
from increasing the limiting age for dependent coverage to age 30
1062
in policies or contracts issued or renewed prior to the effective
1063
date of this act.
1064
(5)(a) Until April 1, 2009, the parent of a child who
1065
qualifies for coverage under subsection (2) but whose coverage as
1066
a dependent child under the parent's plan terminated under the
1067
terms of the plan before October 1, 2008, may make a written
1068
election to reinstate coverage, without proof of insurability,
1069
under that plan as a dependent child pursuant to this section.
1070
(b) The covered person's plan may require the payment of a
1071
premium by the covered person or dependent child, as appropriate,
1072
subject to the approval of the Office of Insurance Regulation,
1073
for any period of coverage relating to a dependent's written
1074
election for coverage pursuant to paragraph (a).
1075
(c) Notice regarding the reinstatement of coverage for a
1076
dependent child as provided under this subsection must be
1077
provided to a covered person in the certificate of coverage
1078
prepared for covered persons by the insurer or by the covered
1079
person's employer. Such notice may be given through the group
1080
policyholder.
1081
(6) This section does not apply to accident only, specified
1082
disease, disability income, Medicare supplement, or long-term
1083
care insurance policies.
1084
Section 10. Effective upon this act becoming a law and
1085
applicable to contracts issued or renewed on or after October 1,
1086
2008, subsection (41) is added to section 641.31, Florida
1087
Statutes, to read:
1088
641.31 Health maintenance contracts.--
1089
(41) All health maintenance contracts providing coverage
1090
for a member of the subscriber's family must comply with the
1091
provisions of s. 627.6562.
1092
Section 11. For the 2008-2009 fiscal year, the following is
1093
appropriated from the General Revenue Fund to the Agency for
1094
Health Care Administration to fund the Florida Health Choices
1095
Program:
1096
(1) The sum of $325,000 in nonrecurring funds for the
1097
salaries and benefits of the chief executive office and staff of
1098
Florida Health Choices, Inc., for the 2008-2009 fiscal year.
1099
(2) The sum of $825,000 in nonrecurring funds for costs
1100
related to the general administration, marketing, consulting, and
1101
other duties of the Florida Health Choices, Inc., for the 2008-
1102
2009 fiscal year.
1103
(3) The sum of $350,000 in nonrecurring funds for the
1104
third-party administrator functions of Florida Health Choices
1105
Inc., during the 2008-2009 fiscal year.
1106
Section 12. This act shall take effect upon becoming a law.
CODING: Words stricken are deletions; words underlined are additions.