Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1522
       
       
       
       
       
       
                                Barcode 666250                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/13/2011           .                                
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       The Committee on Banking and Insurance (Fasano) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) is added to section 626.9541,
    6  Florida Statutes, to read:
    7         626.9541 Unfair methods of competition and unfair or
    8  deceptive acts or practices defined.—
    9         (4)PARTICIPATION IN A WELLNESS OR HEALTH IMPROVEMENT
   10  PROGRAM.
   11         (a) Authorization to offer rewards or incentives for
   12  participation.—An insurer issuing a group or individual health
   13  benefit plan may offer a voluntary wellness or health
   14  improvement program and may encourage or reward participation in
   15  the program by authorizing rewards or incentives, including, but
   16  not limited to, merchandise, gift cards, debit cards, premium
   17  discounts, contributions to a member’s health savings account,
   18  or modifications to copayment, deductible, or coinsurance
   19  amounts. Any advertisement of the program is not subject to the
   20  limitations set forth in paragraph (1)(m).
   21         (b) Verification of medical condition by nonparticipants
   22  due to medical condition.—An insurer may require a member of a
   23  health benefit plan to provide verification, such as an
   24  affirming statement from the member’s physician, that the
   25  member’s medical condition makes it unreasonably difficult or
   26  inadvisable to participate in the wellness or health improvement
   27  program in order for that nonparticipant to receive the reward
   28  or incentive.
   29         (c) Disclosure requirement.—A reward or incentive offered
   30  under this subsection shall be disclosed in the policy or
   31  certificate.
   32         (d) Other incentives.—This subsection does not prohibit
   33  insurers from offering other incentives or rewards for adherence
   34  to a wellness or health improvement program if otherwise
   35  authorized by state or federal law.
   36         Section 2. Subsection (15) is added to section 641.3903,
   37  Florida Statutes, to read:
   38         641.3903 Unfair methods of competition and unfair or
   39  deceptive acts or practices defined.—The following are defined
   40  as unfair methods of competition and unfair or deceptive acts or
   41  practices:
   42         (15) PARTICIPATION IN A WELLNESS OR HEALTH IMPROVEMENT
   43  PROGRAM.
   44         (a) Authorization to offer rewards or incentives for
   45  participation.—A health maintenance organization issuing a group
   46  or individual health benefit plan may offer a voluntary wellness
   47  or health improvement program and may encourage or reward
   48  participation in the program by authorizing rewards or
   49  incentives, including, but not limited to, merchandise, gift
   50  cards, debit cards, premium discounts, contributions to a
   51  member’s health savings account, or modifications to copayment,
   52  deductible, or coinsurance amounts.
   53         (b) Verification of medical condition by nonparticipants
   54  due to medical condition.—A health maintenance organization may
   55  require a member of a health benefit plan to provide
   56  verification, such as an affirming statement from the member’s
   57  physician, that the member’s medical condition makes it
   58  unreasonably difficult or inadvisable to participate in the
   59  wellness or health improvement program in order for that
   60  nonparticipant to receive the reward or incentive.
   61         (c) Disclosure requirement.—A reward or incentive offered
   62  under this subsection shall be disclosed in the policy or
   63  certificate.
   64         (d) Other incentives.—This subsection does not prohibit
   65  health maintenance organizations from offering other incentives
   66  or rewards for adherence to a wellness or health improvement
   67  program if otherwise authorized by state or federal law.
   68         Section 3. This act shall take effect July 1, 2011.
   69  
   70  ================= T I T L E  A M E N D M E N T ================
   71         And the title is amended as follows:
   72         Delete everything before the enacting clause
   73  and insert:
   74                        A bill to be entitled                      
   75         An act relating to wellness or health improvement
   76         programs; amending ss. 626.9541 and 641.3903, F.S.;
   77         authorizing insurers and health maintenance
   78         organizations to offer a voluntary wellness or health
   79         improvement program and to encourage or reward
   80         participation in the program by offering rewards or
   81         incentives to members; authorizing insurers and health
   82         maintenance organizations to require plan members not
   83         participating in the wellness or health improvement
   84         programs to provide verification that their medical
   85         condition warrants nonparticipation in order for the
   86         nonparticipants to receive rewards or incentives;
   87         requiring that the reward or incentive be disclosed in
   88         the policy or certificate; providing that the act does
   89         not prohibit insurers or health maintenance
   90         organizations from offering other incentives or
   91         rewards for adherence to a wellness or health
   92         improvement program; providing an effective date.