Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS/CS/SB 2614, 1st Eng.
       
       
       
       
       
       
                                Barcode 250430                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 5/AD/3R         .                                
             04/30/2009 02:22 PM       .                                
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       Senator Gaetz moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete line 1912
    4  and insert:
    5         Section 34. Subsection (1) of section 651.105, Florida
    6  Statutes, is amended to read:
    7         651.105 Examination and inspections.—
    8         (1) The office may at any time, and shall at least once
    9  every 5 3 years, examine the business of any applicant for a
   10  certificate of authority and any provider engaged in the
   11  execution of care contracts or engaged in the performance of
   12  obligations under such contracts, in the same manner as is
   13  provided for examination of insurance companies pursuant to s.
   14  624.316. Such examinations shall be made by a representative or
   15  examiner designated by the office, whose compensation will be
   16  fixed by the office pursuant to s. 624.320. Routine examinations
   17  may be made by having the necessary documents submitted to the
   18  office; and, for this purpose, financial documents and records
   19  conforming to commonly accepted accounting principles and
   20  practices, as required under s. 651.026, will be deemed
   21  adequate. The final written report of each such examination
   22  shall be filed with the office and, when so filed, will
   23  constitute a public record. Any provider being examined shall,
   24  upon request, give reasonable and timely access to all of its
   25  records. The representative or examiner designated by the office
   26  may at any time examine the records and affairs and inspect the
   27  physical property of any provider, whether in connection with a
   28  formal examination or not.
   29         Section 35. Effective upon this act becoming a law,
   30  paragraphs (d) and (g) of subsection (5) of section 627.6692,
   31  Florida Statutes, are amended to read:
   32         627.6692 Florida Health Insurance Coverage Continuation
   33  Act.—
   34         (5) CONTINUATION OF COVERAGE UNDER GROUP HEALTH PLANS.—
   35         (d)1. A qualified beneficiary must give written notice to
   36  the insurance carrier within 63 days after the occurrence of a
   37  qualifying event. Unless otherwise specified in the notice, a
   38  notice by any qualified beneficiary constitutes notice on behalf
   39  of all qualified beneficiaries. The written notice must inform
   40  the insurance carrier of the occurrence and type of the
   41  qualifying event giving rise to the potential election by a
   42  qualified beneficiary of continuation of coverage under the
   43  group health plan issued by that insurance carrier, except that
   44  in cases where the covered employee has been involuntarily
   45  discharged, the nature of such discharge need not be disclosed.
   46  The written notice must, at a minimum, identify the employer,
   47  the group health plan number, the name and address of all
   48  qualified beneficiaries, and such other information required by
   49  the insurance carrier under the terms of the group health plan
   50  or the commission by rule, to the extent that such information
   51  is known by the qualified beneficiary.
   52         2.A special election period shall be provided for
   53  qualified beneficiaries whose qualifying event was involuntary
   54  termination of employment during the period from September 1,
   55  2008, through February 16, 2009, who did not elect continuation
   56  coverage when it was first offered, or who did elect
   57  continuation coverage but are no longer enrolled. The carrier
   58  that issued the small employer’s group health plan shall provide
   59  notice to individuals eligible for this special continuation
   60  coverage election period informing them of this opportunity. The
   61  notice must be provided by June 15, 2009.
   62         a.Individuals have 30 days after notice is provided to
   63  elect continuation coverage by written notice to the insurer.
   64  The written notice must, at a minimum, identify the employer,
   65  the group health plan number, the name and address of all
   66  qualified beneficiaries, and such other information required by
   67  the insurance carrier under the terms of the group health plan
   68  or the commission by rule, to the extent that such information
   69  is known by the qualified beneficiary.
   70         b.Coverage shall be effective with the first period of
   71  coverage on or after February 17, 2009.
   72         c.For individuals electing continuation coverage during
   73  this election period, the period between the loss of coverage
   74  and beginning of coverage under this election is to be
   75  disregarded for purposes of determining the 63-day periods
   76  referred to in s. 627.6561(6).
   77         3.2. Within 14 days after the receipt of written notice
   78  under subparagraphs subparagraph 1. and 2., the insurance
   79  carrier shall send each qualified beneficiary by certified mail
   80  an election and premium notice form, approved by the office,
   81  which form must provide for the qualified beneficiary’s election
   82  or nonelection of continuation of coverage under the group
   83  health plan and the applicable premium amount due after the
   84  election to continue coverage. This subparagraph does not
   85  require separate mailing of notices to qualified beneficiaries
   86  residing in the same household, but requires a separate mailing
   87  for each separate household.
   88         (g) If an insurance carrier fails to comply with the notice
   89  requirements of subparagraph (d)3.2. and such noncompliance
   90  results in the failure of an eligible qualified beneficiary to
   91  elect continuation under the group health plan, the qualified
   92  beneficiary shall be deemed to have timely elected continuation
   93  of coverage within the election period and shall be covered
   94  under the group health plan at the expense of the noncomplying
   95  insurance carrier. The liability exposure of a noncomplying
   96  insurance carrier under this paragraph shall be limited to that
   97  period which includes the effective date of coverage pursuant to
   98  an affirmative election through the date on which the qualified
   99  beneficiary receives actual notice. This paragraph does not
  100  apply to the extent that the failure of the insurance carrier to
  101  comply with applicable notice requirements was due to
  102  noncompliance by the qualified beneficiary with notice
  103  requirements applicable to the qualified beneficiary.
  104         Section 36. Paragraph (l) is added to subsection (13) of
  105  section 627.6699, Florida Statutes, to read:
  106         627.6699 Employee Health Care Access Act.—
  107         (13) STANDARDS TO ASSURE FAIR MARKETING.—
  108         (l)1.In order to improve the ability of small employers to
  109  obtain information including premium rates for small employer
  110  health benefit plans and to facilitate the application process,
  111  all small employer carriers shall use a uniform employee health
  112  status form. The commission shall adopt rules specifying such
  113  form. The form shall be designed by the Office of Insurance
  114  Regulation, in consultation with small employer carriers, to
  115  permit its use as a written document and through electronic or
  116  other and alternative delivery formats. The form shall include
  117  the following health data elements for all persons to be covered
  118  under the policy that occurred in the 2 years before the date of
  119  completion of the form:
  120         a.Any treatment or diagnosis by any licensed medical
  121  practitioner.
  122         b.Any procedure or treatment in a hospital, rehabilitation
  123  program, or surgical center.
  124         c.All current medications prescribed by a licensed
  125  practitioner.
  126         c.Current diagnosis of pregnancy.
  127         e.Current use of any tobacco products.
  128         f.Pending test results.
  129         g.Workers’ compensation injury or illness.
  130         h.Tests or treatments recommended but not completed.
  131         2.The form shall require the signature of the employee
  132  completing the form. Use of a standardized form does not prevent
  133  a small employer carrier from obtaining information from other
  134  sources in order to determine the appropriate premium rate for a
  135  small employer.
  136         Section 37. Except as otherwise expressly provided in this
  137  act and except for this section, which shall take effect upon
  138  becoming a law, this act shall take effect July 1, 2009.
  139  
  140  ================= T I T L E  A M E N D M E N T ================
  141         And the title is amended as follows:
  142         Delete lines 203 - 204
  143  and insert:
  144  activities of state agencies; amending s. 651.105, F.S.;
  145  revising the time period in which the Office of Insurance
  146  Regulation is required to examine the business of an applicant
  147  for a certificate of authority and a provider engaged in the
  148  execution of continuing care contracts; amending s. 627.6692,
  149  F.S.; providing for a special election period for continuation
  150  of coverage under group health plans for certain qualified
  151  beneficiaries; providing carrier notification requirements;
  152  providing for effectiveness of such coverage; providing for
  153  disregarding certain periods for which coverage is not provided;
  154  amending s. 627.6699, F.S.; requiring small employer carriers to
  155  use a uniform employee health status form; requiring the
  156  Financial Service Commission to adopt rules; requiring the
  157  Office of Insurance Regulation to design the form in
  158  consultation with small employer carriers; providing form
  159  delivery formats; specifying form requirements; providing
  160  effective dates.