1 | Representative Patronis offered the following: |
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3 | Amendment (with title amendment) |
4 | Between lines 4184-4185 and insert: |
5 | Section 74. Paragraph (c) of subsection (1) of section |
6 | 627.602, Florida Statutes, is amended to read: |
7 | 627.602 Scope, format of policy.-- |
8 | (1) Each health insurance policy delivered or issued for |
9 | delivery to any person in this state must comply with all |
10 | applicable provisions of this code and all of the following |
11 | requirements: |
12 | (c) The policy may purport to insure only one person, |
13 | except that upon the application of an adult member of a family, |
14 | who is deemed to be the policyholder, a policy may insure, |
15 | either originally or by subsequent amendment, any eligible |
16 | members of that family, including husband, wife, any children or |
17 | any person dependent upon the policyholder. If an insurer offers |
18 | coverage for dependent children of the policyholder, such policy |
19 | must comply with the provisions of s. 627.6562. |
20 | Section 75. Section 627.6562, Florida Statutes, is |
21 | amended to read: |
22 | 627.6562 Dependent coverage.-- |
23 | (1) If an insurer offers coverage under a group, blanket, |
24 | or franchise health insurance policy that insures dependent |
25 | children of the policyholder or certificateholder, the policy |
26 | must insure a dependent child of the policyholder or |
27 | certificateholder at least until the end of the calendar year in |
28 | which the child reaches the age of 25, if the child meets all of |
29 | the following: |
30 | (a) The child is dependent upon the policyholder or |
31 | certificateholder for support. |
32 | (b) The child is living in the household of the |
33 | policyholder or certificateholder, or the child is a full-time |
34 | or part-time student. |
35 | (2) At the option of the group policyholder, all |
36 | certificateholders within a group policy shall be offered A |
37 | policy that is subject to the requirements of subsection (1) |
38 | must also offer the policyholder or certificateholder the option |
39 | to insure a child of the policyholder or certificateholder at |
40 | least until the end of the calendar year in which the child |
41 | reaches the age of 30, if the child: |
42 | (a) Is unmarried and does not have a dependent of his or |
43 | her own; |
44 | (b) Is a resident of this state or a full-time or part- |
45 | time student; and |
46 | (c) Is not eligible for provided coverage as a named |
47 | subscriber, insured, enrollee, or covered person under any other |
48 | group, blanket, or franchise health insurance policy, health |
49 | maintenance organization contract, or individual health benefits |
50 | plan, including, but not limited to, coverage offered pursuant |
51 | to the Consolidated Omnibus Budget Reconciliation Act of 1985 or |
52 | s. 627.6692, or is not entitled to benefits under Title XVIII of |
53 | the Social Security Act. |
54 | (d) The terms of the policy may include a provision that |
55 | the child's eligibility for coverage ceases when he or she is no |
56 | longer eligible as provided in this subsection. In such case, |
57 | coverage shall continue through the end of the calendar month in |
58 | which the child loses eligibility. If loss of eligibility occurs |
59 | because of the birth of a child, the newborn child is not |
60 | eligible for coverage under s. 627.6575 or s. 641.31(9). |
61 | (3) If, pursuant to subsection (2), a child is provided |
62 | coverage under the parent's policy after the end of the calendar |
63 | year in which the child reaches age 25 and coverage for the |
64 | child is subsequently terminated, the child is not eligible to |
65 | be covered under the parent's policy unless the child was |
66 | continuously covered by other creditable coverage without a gap |
67 | in coverage of more than 63 days. For the purposes of this |
68 | subsection, the term "creditable coverage" has the same meaning |
69 | as provided in s. 627.6561(5). |
70 | (4) This section does not: |
71 | (a) Affect or preempt an insurer's right to medically |
72 | underwrite or charge the appropriate premium and carriers, |
73 | including small employer carriers as defined in s. |
74 | 627.6699(3)(w), and are expressly authorized to charge |
75 | actuarially sound, distinct rates that are separate from the |
76 | rates for dependent coverage for coverage of children of |
77 | certificateholders covered pursuant to subsection (2); |
78 | (b) Require coverage for services provided to a dependent |
79 | before October 1, 2008; |
80 | (c) Require an employer to pay all or part of the cost of |
81 | coverage provided for a dependent under this section; or |
82 | (d) Prohibit an insurer or health maintenance organization |
83 | from increasing the limiting age for dependent coverage to age |
84 | 30 in policies or contracts issued or renewed prior to the |
85 | effective date of this act. |
86 | (5)(a) Until April 1, 2009, the parent of a child who |
87 | qualifies for coverage under subsection (2) but whose coverage |
88 | as a dependent child under the parent's plan terminated under |
89 | the terms of the plan before October 1, 2008, may make a written |
90 | election to reinstate coverage, without proof of insurability, |
91 | under that plan as a dependent child pursuant to this section. |
92 | (b) The covered person's plan may require the payment of a |
93 | premium by the covered person or dependent child, as |
94 | appropriate, subject to the approval of the Office of Insurance |
95 | Regulation, for any period of coverage relating to a dependent's |
96 | written election for coverage pursuant to paragraph (a). |
97 | (c) Notice regarding the reinstatement of coverage for a |
98 | dependent child as provided under this subsection must be |
99 | provided to a covered person in the certificate of coverage |
100 | prepared for covered persons by the insurer or by the covered |
101 | person's employer. Such notice may be given through the group |
102 | policyholder. |
103 | (6) This section applies only to group major medical |
104 | policies and does not apply to conversion policies, policies |
105 | offered pursuant to the Consolidated Omnibus Budget |
106 | Reconciliation Act of 1985 or s. 627.6692, individual policies, |
107 | out-of-state group policies written pursuant to s. 627.6515, or |
108 | limited benefit or supplemental policies, including, but not |
109 | limited to, accident only, specified disease, disability income, |
110 | Medicare supplement, or long-term care insurance, or other |
111 | supplemental or limited benefit policies. |
112 | (7) The commission may adopt rules pursuant to ss. |
113 | 120.536(1) and 120.54 to administer this section. |
114 | Section 76. Subsection (41) of section 641.31, Florida |
115 | Statutes, is amended to read: |
116 | 641.31 Health maintenance contracts.-- |
117 | (41) All group health maintenance contracts providing |
118 | coverage for a member of the subscriber's family must comply |
119 | with the provisions of s. 627.6562. |
120 |
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121 |
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122 | ----------------------------------------------------- |
123 | T I T L E A M E N D M E N T |
124 | Remove line 328 and insert: |
125 | agency to develop rules; amending s. 627.602, F.S.; deleting a |
126 | requirement that certain policies providing coverage for |
127 | dependent children comply with certain provisions; amending s. |
128 | 627.6562, F.S.; revising dependent coverage requirements; |
129 | specifying limited application to group major medical policies; |
130 | authorizing the Financial Services Commission to adopt rules; |
131 | amending s. 641.31, F.S.; specifying required application of |
132 | certain provisions to certain group health maintenance |
133 | contracts; providing an effective date. |