CS/CS/HB 445

1
A bill to be entitled
2An act relating to wellness or health improvement
3programs; amending ss. 626.9541 and 641.3903, F.S.;
4authorizing insurers and health maintenance organizations
5to offer a voluntary wellness or health improvement
6program and to encourage or reward participation in the
7program by offering rewards or incentives to members;
8authorizing insurers and health maintenance organizations
9to require plan members not participating in the wellness
10or health improvement programs to provide verification
11that their medical condition warrants nonparticipation in
12order for the nonparticipants to receive rewards or
13incentives; requiring that the reward or incentive be
14disclosed in the policy or certificate; providing that the
15act does not prohibit insurers or health maintenance
16organizations from offering other incentives or rewards
17for adherence to a wellness or health improvement program;
18providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Subsection (4) is added to section 626.9541,
23Florida Statutes, to read:
24     626.9541  Unfair methods of competition and unfair or
25deceptive acts or practices defined.-
26     (4)  PARTICIPATION IN A WELLNESS OR HEALTH IMPROVEMENT
27PROGRAM.-
28     (a)  Authorization to offer rewards or incentives for
29participation.-An insurer issuing a group or individual health
30benefit plan may offer a voluntary wellness or health
31improvement program and may encourage or reward participation in
32the program by authorizing rewards or incentives, including, but
33not limited to, merchandise, gift cards, debit cards, premium
34discounts, contributions to a member's health savings account,
35or modifications to copayment, deductible, or coinsurance
36amounts. Any advertisement of the program is not subject to the
37limitations set forth in paragraph (1)(m).
38     (b)  Verification of medical condition by nonparticipants
39due to medical condition.-An insurer may require a member of a
40health benefit plan to provide verification, such as an
41affirming statement from the member's physician, that the
42member's medical condition makes it unreasonably difficult or
43inadvisable to participate in the wellness or health improvement
44program in order for that nonparticipant to receive the reward
45or incentive.
46     (c)  Disclosure requirement.-A reward or incentive offered
47under this subsection shall be disclosed in the policy or
48certificate.
49     (d)  Other incentives.-This subsection does not prohibit
50insurers from offering other incentives or rewards for adherence
51to a wellness or health improvement program if otherwise
52authorized by state or federal law.
53     Section 2.  Subsection (15) is added to section 641.3903,
54Florida Statutes, to read:
55     641.3903  Unfair methods of competition and unfair or
56deceptive acts or practices defined.-The following are defined
57as unfair methods of competition and unfair or deceptive acts or
58practices:
59     (15)  PARTICIPATION IN A WELLNESS OR HEALTH IMPROVEMENT
60PROGRAM.-
61     (a)  Authorization to offer rewards or incentives for
62participation.-A health maintenance organization issuing a group
63or individual health benefit plan may offer a voluntary wellness
64or health improvement program and may encourage or reward
65participation in the program by authorizing rewards or
66incentives, including, but not limited to, merchandise, gift
67cards, debit cards, premium discounts, contributions to a
68member's health savings account, or modifications to copayment,
69deductible, or coinsurance amounts.
70     (b)  Verification of medical condition by nonparticipants
71due to medical condition.-A health maintenance organization may
72require a member of a health benefit plan to provide
73verification, such as an affirming statement from the member's
74physician, that the member's medical condition makes it
75unreasonably difficult or inadvisable to participate in the
76wellness or health improvement program in order for that
77nonparticipant to receive the reward or incentive.
78     (c)  Disclosure requirement.-A reward or incentive offered
79under this subsection shall be disclosed in the policy or
80certificate.
81     (d)  Other incentives.-This subsection does not prohibit
82health maintenance organizations from offering other incentives
83or rewards for adherence to a wellness or health improvement
84program if otherwise authorized by state or federal law.
85     Section 3.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.