| 1 | Representative Wood offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 91 and 92, insert: |
| 5 | Section 5. Section 624.122, Florida Statutes, is created |
| 6 | to read: |
| 7 | 624.122 Interstate health insurance policies; notice; |
| 8 | exemption.- |
| 9 | (1) Interstate health insurance policies and applications |
| 10 | may be solicited and sold in this state only by a licensed |
| 11 | health insurance agent and underwritten only by an insurer |
| 12 | authorized to transact insurance in this state. For purposes of |
| 13 | this subsection, the term "interstate health insurance policy" |
| 14 | means a policy of health insurance providing creditable coverage |
| 15 | as defined in s. 627.6561(5)(a)2. that is offered to an |
| 16 | individual who is a resident of this state and the policy is |
| 17 | governed by the laws of any state, district, or commonwealth of |
| 18 | the United States other than this state. |
| 19 | (2) Any interstate health insurance policy sold, and any |
| 20 | application for such insurance provided to a resident of this |
| 21 | state pursuant to this section, must contain the following |
| 22 | conspicuous, boldfaced disclosure in at least 12-point type: |
| 23 |
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| 24 | THIS INDIVIDUAL HEALTH INSURANCE POLICY IS PRIMARILY |
| 25 | GOVERNED BY THE LAWS OF ...(INSERT STATE, DISTRICT, OR |
| 26 | COMMONWEALTH).... AS A RESULT, THIS POLICY DOES NOT |
| 27 | COMPLY WITH COVERAGE, UNDERWRITING, AND OTHER PROVISIONS |
| 28 | OF THE FLORIDA INSURANCE CODE. ALL OF THE RATING LAWS |
| 29 | APPLICABLE TO POLICIES FILED IN FLORIDA DO NOT APPLY TO |
| 30 | THIS COVERAGE, WHICH MAY RESULT IN INCREASES IN YOUR |
| 31 | PREMIUM AT RENEWAL THAT WOULD NOT BE PERMISSIBLE UNDER A |
| 32 | FLORIDA-APPROVED POLICY. ANY PURCHASE OF INDIVIDUAL |
| 33 | HEALTH INSURANCE SHOULD BE CONSIDERED CAREFULLY, AS |
| 34 | FUTURE MEDICAL CONDITIONS MAY MAKE IT IMPOSSIBLE TO |
| 35 | QUALIFY FOR ANOTHER INDIVIDUAL HEALTH POLICY. FOR |
| 36 | INFORMATION CONCERNING INDIVIDUAL HEALTH COVERAGE UNDER A |
| 37 | FLORIDA-APPROVED POLICY, CONSULT YOUR AGENT OR THE |
| 38 | FLORIDA DEPARTMENT OF FINANCIAL SERVICES. |
| 39 |
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| 40 | (3) Any insurer underwriting interstate health insurance |
| 41 | policies pursuant to this section is subject to all applicable |
| 42 | provisions of the Florida Insurance Code, except as otherwise |
| 43 | provided in this section. Interstate health insurance policies |
| 44 | are not subject to any form approval, rate approval, |
| 45 | underwriting restrictions, guaranteed availability, or coverage |
| 46 | mandates provided in the Florida Insurance Code. The insurer |
| 47 | must file the interstate health insurance policy forms and rates |
| 48 | and all subsequent changes to such forms and rates with the |
| 49 | office for informational purposes only, and the office must make |
| 50 | all such forms and rates available to the public on the office's |
| 51 | website. Health insurance agents who are licensed and appointed |
| 52 | pursuant to chapter 626 may solicit, sell, effect, collect |
| 53 | premium on, and deliver interstate heath insurance policies in |
| 54 | accordance with this section. |
| 55 | (4) Any domestic health insurer authorized to transact |
| 56 | health insurance in this state that is not authorized to |
| 57 | transact health insurance in any other state may: |
| 58 | (a) Adopt, solicit, and sell any interstate health |
| 59 | insurance policy available in this state, using any of the forms |
| 60 | and rates filed with the office, by filing a notice with the |
| 61 | office of the insurer's intent to adopt, solicit, and sell such |
| 62 | policies in this state. The domestic insurer must file, for |
| 63 | informational purposes only, a copy of the forms and rates the |
| 64 | insurer will be using. |
| 65 | (b) Adopt, solicit, and sell as an interstate health |
| 66 | insurance policy any health insurance policy issued by a |
| 67 | subsidiary or related corporation, as defined in s. |
| 68 | 625.325(3)(a) and (b), of a domestic insurer under this |
| 69 | subsection which provides creditable coverage, as defined in s. |
| 70 | 627.6561(5)(a)2., and is governed by laws of any state, |
| 71 | district, or commonwealth of the United States other than this |
| 72 | state by complying with the requirements of this section. |
| 73 | (5) Any interstate health insurance policy or application |
| 74 | solicited, provided, entered into, issued, or delivered pursuant |
| 75 | to this section is exempt from all provisions of the Florida |
| 76 | Insurance Code, except that such policy, contract, or agreement |
| 77 | is subject to the provisions of ss. 624.155, 624.316, 624.3161, |
| 78 | 624.509, 624.5091, 626.951, 626.9511, 626.9521, 626.9541, |
| 79 | 626.9551, 626.9561, 626.9571, 626.9581, 626.9591, 626.9601, |
| 80 | 627.413, 627.4145, 627.428, and 627.6043. |
| 81 |
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| 82 |
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| 83 |
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| 84 | ----------------------------------------------------- |
| 85 | T I T L E A M E N D M E N T |
| 86 | Remove line 11 and insert: |
| 87 | creating s. 624.122, F.S.; authorizing solicitation and |
| 88 | sale of interstate health insurance policies in this state |
| 89 | by certain persons; providing a definition; requiring |
| 90 | interstate health insurance policies and policy |
| 91 | applications to contain a certain notice; providing for |
| 92 | application of certain provisions to certain insurers; |
| 93 | excluding interstate health insurance policies from |
| 94 | certain requirements; requiring such interstate health |
| 95 | insurers to make certain filings relating to policy forms |
| 96 | and rates; requiring the Office of Insurance Regulation to |
| 97 | make available on its website certain interstate health |
| 98 | policy forms and rates; authorizing certain authorized |
| 99 | domestic health insurers to engage in specified activities |
| 100 | relating to the sale of interstate health insurance; |
| 101 | requiring such authorized domestic insurers to file a |
| 102 | notice with the office of the intent to engage in such |
| 103 | activities and a copy of certain forms and rates; |
| 104 | authorizing subsidiaries and related corporations of |
| 105 | certain domestic health insurers, which provide specified |
| 106 | creditable health insurance coverage and are governed by |
| 107 | certain laws other than the laws of this state to engage |
| 108 | in specified activities relating to the sale of interstate |
| 109 | health insurance; exempting interstate health insurance |
| 110 | policies and applications from certain Florida Insurance |
| 111 | Code provisions; providing exceptions; providing an |
| 112 | effective date. |
| 113 |
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| 114 | WHEREAS, while many residents of this state have access to |
| 115 | first-rate health care, affordable health care coverage is not |
| 116 | available to all who wish to purchase it, and |
| 117 | WHEREAS, by removing barriers limiting access to affordable |
| 118 | health care coverage and expanding opportunities for residents |
| 119 | of this state to purchase more affordable coverage, this state |
| 120 | can improve access to health care and curtail rising health care |
| 121 | costs while preserving the first-rate care that so many |
| 122 | Floridians already enjoy, and |
| 123 | WHEREAS, it is important to provide residents of this state |
| 124 | with more choices when selecting a health insurance product to |
| 125 | allow individuals and families the ability to purchase |
| 126 | affordable health care coverage, thereby increasing their access |
| 127 | to quality health care, NOW, THEREFORE, |