Florida Senate - 2012                                    SB 1306
       
       
       
       By Senator Richter
       
       
       
       
       37-00456A-12                                          20121306__
    1                        A bill to be entitled                      
    2         An act relating to long-term care insurance; amending
    3         s. 627.9404, F.S.; defining the term “guaranteed
    4         renewable” for purposes of the Long-Term Care
    5         Insurance Act; amending s. 627.9407, F.S.; providing
    6         that continuation or renewal of a guaranteed renewable
    7         long-term care insurance policy does not result in the
    8         making of a new policy or contract or incorporate
    9         certain statutory or regulatory changes into the
   10         policy or contract; amending ss. 627.9403 and
   11         641.2018, F.S.; conforming cross-references; providing
   12         editorial changes; providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsections (6) through (12) of section
   17  627.9404, Florida Statutes, are renumbered as subsections (7)
   18  through (13), respectively, and a new subsection (6) is added to
   19  that section to read:
   20         627.9404 Definitions.—For the purposes of this part:
   21         (6) “Guaranteed renewable” means that the insured has the
   22  right to continue the policy or contract in force by the timely
   23  payment of premiums and the insurer has no unilateral right to
   24  make any change in any provision of the policy or contract while
   25  the insurance or contract is in force and cannot decline to
   26  renew, except that rates may be revised by the insurer on a
   27  class basis.
   28         Section 2. Subsection (3) of section 627.9407, Florida
   29  Statutes, is amended to read:
   30         627.9407 Disclosure, advertising, and performance standards
   31  for long-term care insurance.—
   32         (3) RESTRICTIONS.—
   33         (a) A long-term care insurance policy may not:
   34         1.(a) Be canceled, nonrenewed, or otherwise terminated on
   35  the grounds of the age or the deterioration of the mental or
   36  physical health of the insured individual or certificateholder;
   37  however, the office may authorize nonrenewal for an insurer on a
   38  statewide basis on terms and conditions determined to be
   39  necessary by the office to protect the interests of the
   40  insureds, if the insurer demonstrates that renewal will
   41  jeopardize the insurer’s solvency or that substantial and
   42  unexpected loss experience cannot reasonably be mitigated or
   43  remedied.
   44         2.(b) Contain a provision establishing a new waiting period
   45  in the event existing coverage is converted to or replaced by a
   46  new or other form within the same insurer or any affiliated
   47  insurer, except with respect to an increase in benefits
   48  voluntarily selected by the insured individual or group
   49  policyholder.
   50         3.(c) Restrict its coverage to care only in a nursing home
   51  licensed pursuant to part II of chapter 400 or provide
   52  significantly more coverage for such care than coverage for
   53  lower levels of care. The commission shall adopt rules defining
   54  what constitutes significantly more coverage in nursing homes
   55  licensed pursuant to part II of chapter 400 than for lower
   56  levels of care.
   57         4.(d) Contain an elimination period in excess of 180 days.
   58  As used in this paragraph, the term “elimination period” means
   59  the number of days at the beginning of a period of confinement
   60  for which no benefits are payable.
   61         (b) The continuation or renewal of a guaranteed renewable
   62  long-term care insurance policy by the timely payment of
   63  required premiums does not constitute the making or issuance of
   64  a new policy of insurance or contract for any purpose and does
   65  not have the effect of incorporating into the policy or contract
   66  statutory or regulatory changes that were enacted or adopted
   67  after the original issuance date of the guaranteed renewable
   68  policy.
   69         Section 3. Section 627.9403, Florida Statutes, is amended
   70  to read:
   71         627.9403 Scope.—The provisions of This part applies shall
   72  apply to long-term care insurance policies delivered or issued
   73  for delivery in this state, and to policies delivered or issued
   74  for delivery outside this state to the extent provided in s.
   75  627.9406, by an insurer, a fraternal benefit society as defined
   76  in s. 632.601, a health maintenance organization as defined in
   77  s. 641.19, a prepaid health clinic as defined in s. 641.402, or
   78  a multiple-employer welfare arrangement as defined in s.
   79  624.437. A policy that which is advertised, marketed, or offered
   80  as a long-term care policy and as a Medicare supplement policy
   81  must shall meet the requirements of this part and the
   82  requirements of ss. 627.671-627.675 and, to the extent of a
   83  conflict, is be subject to the requirement that is more
   84  favorable to the policyholder or certificateholder. The
   85  provisions of This part does shall not apply to a continuing
   86  care contract issued pursuant to chapter 651 or and shall not
   87  apply to guaranteed renewable policies issued prior to October
   88  1, 1988. Any limited benefit policy that limits coverage to care
   89  in a nursing home or to one or more lower levels of care
   90  required or authorized to be provided by this part or by
   91  commission rule is a type of long-term care insurance policy
   92  that must meet all requirements of this part that apply to long
   93  term care insurance policies, except ss. 627.9407(3)(a)3.
   94  627.9407(3)(c), (9), (10)(f), and (12) and 627.94073(2).
   95         Section 4. Subsection (3) of section 641.2018, Florida
   96  Statutes, is amended to read:
   97         641.2018 Limited coverage for home health care authorized.—
   98         (3) Any contract that limits coverage to home health care
   99  benefits as provided in this section must also meet all of the
  100  requirements of ss. 627.9403-627.9408 of the Long-Term Care
  101  Insurance Act, except s. 627.9407(3)(a)3. 627.9407(3)(c) and
  102  (9).
  103         Section 5. This act shall take effect July 1, 2012.