Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. CS for SB 1522 Barcode 666250 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/13/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.