| 1 | Representative Troutman offered the following: | 
| 2 | 
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| 3 |      Amendment (with title amendment) | 
| 4 |      Between lines 86 and 87, insert: | 
| 5 |      Section 2.  Paragraph (b) of subsection (6) of section  | 
| 6 | 627.6699, Florida Statutes, is amended to read: | 
| 7 |      627.6699  Employee Health Care Access Act.-- | 
| 8 |      (6)  RESTRICTIONS RELATING TO PREMIUM RATES.-- | 
| 9 |      (b)  For all small employer health benefit plans that are  | 
| 10 | subject to this section and are issued by small employer  | 
| 11 | carriers on or after January 1, 1994, premium rates for health  | 
| 12 | benefit plans subject to this section are subject to the  | 
| 13 | following: | 
| 14 |      1.  Small employer carriers must use a modified community  | 
| 15 | rating methodology in which the premium for each small employer  | 
| 16 | must be determined solely on the basis of the eligible  | 
| 17 | employee's and eligible dependent's gender, age, family  | 
| 18 | composition, tobacco use, or geographic area as determined under  | 
| 19 | paragraph (5)(j) and in which the premium may be adjusted as  | 
| 20 | permitted by this paragraph. | 
| 21 |      2.  Rating factors related to age, gender, family  | 
| 22 | composition, tobacco use, or geographic location may be  | 
| 23 | developed by each carrier to reflect the carrier's experience.  | 
| 24 | The factors used by carriers are subject to office review and  | 
| 25 | approval. | 
| 26 |      3.  Small employer carriers may not modify the rate for a  | 
| 27 | small employer for 12 months from the initial issue date or  | 
| 28 | renewal date, unless the composition of the group changes or  | 
| 29 | benefits are changed. However, a small employer carrier may  | 
| 30 | modify the rate one time prior to 12 months after the initial  | 
| 31 | issue date for a small employer who enrolls under a previously  | 
| 32 | issued group policy that has a common anniversary date for all  | 
| 33 | employers covered under the policy if: | 
| 34 |      a.  The carrier discloses to the employer in a clear and  | 
| 35 | conspicuous manner the date of the first renewal and the fact  | 
| 36 | that the premium may increase on or after that date. | 
| 37 |      b.  The insurer demonstrates to the office that  | 
| 38 | efficiencies in administration are achieved and reflected in the  | 
| 39 | rates charged to small employers covered under the policy. | 
| 40 |      4.  A carrier may issue a group health insurance policy to  | 
| 41 | a small employer health alliance or other group association with  | 
| 42 | rates that reflect a premium credit for expense savings  | 
| 43 | attributable to administrative activities being performed by the  | 
| 44 | alliance or group association if such expense savings are  | 
| 45 | specifically documented in the insurer's rate filing and are  | 
| 46 | approved by the office. Any such credit may not be based on  | 
| 47 | different morbidity assumptions or on any other factor related  | 
| 48 | to the health status or claims experience of any person covered  | 
| 49 | under the policy. Nothing in this subparagraph exempts an  | 
| 50 | alliance or group association from licensure for any activities  | 
| 51 | that require licensure under the insurance code. A carrier  | 
| 52 | issuing a group health insurance policy to a small employer  | 
| 53 | health alliance or other group association shall allow any  | 
| 54 | properly licensed and appointed agent of that carrier to market  | 
| 55 | and sell the small employer health alliance or other group  | 
| 56 | association policy. Such agent shall be paid the usual and  | 
| 57 | customary commission paid to any agent selling the policy. | 
| 58 |      5.  Any adjustments in rates for claims experience, health  | 
| 59 | status, or duration of coverage may not be charged to individual  | 
| 60 | employees or dependents. For a small employer's policy, such  | 
| 61 | adjustments may not result in a rate for the small employer  | 
| 62 | which deviates more than 15 percent from the carrier's approved  | 
| 63 | rate. Any such adjustment must be applied uniformly to the rates  | 
| 64 | charged for all employees and dependents of the small employer.  | 
| 65 | A small employer carrier may make an adjustment to a small  | 
| 66 | employer's renewal premium, not to exceed 10 percent annually,  | 
| 67 | due to the claims experience, health status, or duration of  | 
| 68 | coverage of the employees or dependents of the small employer.  | 
| 69 | Semiannually, small group carriers shall report information on  | 
| 70 | forms adopted by rule by the commission, to enable the office to  | 
| 71 | monitor the relationship of aggregate adjusted premiums actually  | 
| 72 | charged policyholders by each carrier to the premiums that would  | 
| 73 | have been charged by application of the carrier's approved  | 
| 74 | modified community rates. If the aggregate resulting from the  | 
| 75 | application of such adjustment exceeds the premium that would  | 
| 76 | have been charged by application of the approved modified  | 
| 77 | community rate by 4 percent for the current reporting period,  | 
| 78 | the carrier shall limit the application of such adjustments only  | 
| 79 | to minus adjustments beginning not more than 60 days after the  | 
| 80 | report is sent to the office. For any subsequent reporting  | 
| 81 | period, if the total aggregate adjusted premium actually charged  | 
| 82 | does not exceed the premium that would have been charged by  | 
| 83 | application of the approved modified community rate by 4  | 
| 84 | percent, the carrier may apply both plus and minus adjustments.  | 
| 85 | A small employer carrier may provide a credit to a small  | 
| 86 | employer's premium based on administrative and acquisition  | 
| 87 | expense differences resulting from the size of the group. Group  | 
| 88 | size administrative and acquisition expense factors may be  | 
| 89 | developed by each carrier to reflect the carrier's experience  | 
| 90 | and are subject to office review and approval. For the sole  | 
| 91 | purpose of determining the appropriate rate adjustment due to  | 
| 92 | health status for initial coverage of a small employer, a  | 
| 93 | carrier may utilize application forms to be completed by  | 
| 94 | employers that require health or experience information and  | 
| 95 | applications to be completed by employees that require health or  | 
| 96 | experience information, and a carrier may vary the use of the  | 
| 97 | application forms depending upon the number of the small  | 
| 98 | employer's eligible employees applying for coverage. The  | 
| 99 | application methodology must be applied uniformly per carrier  | 
| 100 | among all the small employer groups having the same number of  | 
| 101 | eligible employees applying for coverage. | 
| 102 |      6.  A small employer carrier rating methodology may include  | 
| 103 | separate rating categories for one dependent child, for two  | 
| 104 | dependent children, and for three or more dependent children for  | 
| 105 | family coverage of employees having a spouse and dependent  | 
| 106 | children or employees having dependent children only. A small  | 
| 107 | employer carrier may have fewer, but not greater, numbers of  | 
| 108 | categories for dependent children than those specified in this  | 
| 109 | subparagraph. | 
| 110 |      7.  Small employer carriers may not use a composite rating  | 
| 111 | methodology to rate a small employer with fewer than 10  | 
| 112 | employees. For the purposes of this subparagraph, a "composite  | 
| 113 | rating methodology" means a rating methodology that averages the  | 
| 114 | impact of the rating factors for age and gender in the premiums  | 
| 115 | charged to all of the employees of a small employer. | 
| 116 |      8.a.  A carrier may separate the experience of small  | 
| 117 | employer groups with less than 2 eligible employees from the  | 
| 118 | experience of small employer groups with 2-50 eligible employees  | 
| 119 | for purposes of determining an alternative modified community  | 
| 120 | rating. | 
| 121 |      b.  If a carrier separates the experience of small employer  | 
| 122 | groups as provided in sub-subparagraph a., the rate to be  | 
| 123 | charged to small employer groups of less than 2 eligible  | 
| 124 | employees may not exceed 150 percent of the rate determined for  | 
| 125 | small employer groups of 2-50 eligible employees. However, the  | 
| 126 | carrier may charge excess losses of the experience pool  | 
| 127 | consisting of small employer groups with less than 2 eligible  | 
| 128 | employees to the experience pool consisting of small employer  | 
| 129 | groups with 2-50 eligible employees so that all losses are  | 
| 130 | allocated and the 150-percent rate limit on the experience pool  | 
| 131 | consisting of small employer groups with less than 2 eligible  | 
| 132 | employees is maintained. Notwithstanding s. 627.411(1), the rate  | 
| 133 | to be charged to a small employer group of fewer than 2 eligible  | 
| 134 | employees, insured as of July 1, 2002, may be up to 125 percent  | 
| 135 | of the rate determined for small employer groups of 2-50  | 
| 136 | eligible employees for the first annual renewal and 150 percent  | 
| 137 | for subsequent annual renewals. | 
| 138 | 
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| 139 | ----------------------------------------------------- | 
| 140 | T I T L E  A M E N D M E N T | 
| 141 |      Remove line 17 and insert: | 
| 142 | for the repayment of such advances; authorizing a carrier to  | 
| 143 | utilize application forms for the purpose of determining the  | 
| 144 | appropriate rate adjustment due to health status for initial  | 
| 145 | coverage of a small employer; providing application methodology;   | 
| 146 | amending s. 627.6699, F.S.; providing an effective |