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