Florida Senate - 2012                                    SB 1630
       
       
       
       By Senator Alexander
       
       
       
       
       17-01184A-12                                          20121630__
    1                        A bill to be entitled                      
    2         An act relating to interstate health insurance;
    3         creating s. 624.122, F.S.; authorizing solicitation
    4         and sale of interstate health insurance policies in
    5         this state by certain persons; providing a definition;
    6         requiring interstate health insurance policies and
    7         policy applications to contain a certain notice;
    8         providing for application of certain provisions to
    9         certain insurers; excluding interstate health
   10         insurance policies from certain requirements;
   11         requiring such interstate health insurers to make
   12         certain filings relating to policy forms and rates;
   13         requiring the Office of Insurance Regulation to make
   14         available on its website certain interstate health
   15         policy forms and rates; authorizing certain authorized
   16         domestic health insurers to engage in specified
   17         activities relating to the sale of interstate health
   18         insurance; requiring such authorized domestic insurers
   19         to file a notice with the office of the intent to
   20         engage in such activities and a copy of certain forms
   21         and rates; authorizing subsidiaries and related
   22         corporations of certain domestic health insurers,
   23         which provide specified creditable health insurance
   24         coverage and are governed by certain laws other than
   25         the laws of this state to engage in specified
   26         activities relating to the sale of interstate health
   27         insurance; exempting interstate health insurance
   28         policies and applications from certain Florida
   29         Insurance Code provisions; providing exceptions;
   30         providing an effective date.
   31  
   32         WHEREAS, while many residents of this state have access to
   33  first-rate health care, affordable health care coverage is not
   34  available to all who wish to purchase it, and
   35         WHEREAS, by removing barriers limiting access to affordable
   36  health care coverage and expanding opportunities for residents
   37  of this state to purchase more affordable coverage, this state
   38  can improve access to health care and curtail rising health care
   39  costs while preserving the first-rate care that so many
   40  Floridians already enjoy, and
   41         WHEREAS, it is important to provide residents of this state
   42  with more choices when selecting a health insurance product to
   43  allow individuals and families the ability to purchase
   44  affordable health care coverage, thereby increasing their access
   45  to quality health care, NOW, THEREFORE,
   46  
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   49         Section 1. Section 624.122, Florida Statutes, is created to
   50  read:
   51         624.122 Interstate health insurance policies; notice;
   52  exemption.—
   53         (1) Interstate health insurance policies and applications
   54  may be solicited and sold in this state only by a licensed
   55  health insurance agent and underwritten only by an insurer
   56  authorized to transact insurance in this state. For purposes of
   57  this subsection, the term “interstate health insurance policy”
   58  means a policy of health insurance providing creditable coverage
   59  as defined in s. 627.6561(5)(a)2. which is offered to an
   60  individual who is a resident of this state and the policy is
   61  governed by the laws of any state, district, or commonwealth of
   62  the United States other than this state.
   63         (2) Any interstate health insurance policy sold, and any
   64  application for such insurance provided to a resident of this
   65  state pursuant to this section, must contain the following
   66  conspicuous, boldfaced disclosure in at least 12-point type:
   67  
   68         THIS INDIVIDUAL HEALTH INSURANCE POLICY IS PRIMARILY
   69         GOVERNED BY THE LAWS OF ...(INSERT STATE, DISTRICT, OR
   70         COMMONWEALTH).... AS A RESULT, THIS POLICY DOES NOT
   71         COMPLY WITH COVERAGE, UNDERWRITING, AND OTHER
   72         PROVISIONS OF THE FLORIDA INSURANCE CODE. ALL OF THE
   73         RATING LAWS APPLICABLE TO POLICIES FILED IN FLORIDA DO
   74         NOT APPLY TO THIS COVERAGE, WHICH MAY RESULT IN
   75         INCREASES IN YOUR PREMIUM AT RENEWAL THAT WOULD NOT BE
   76         PERMISSIBLE UNDER A FLORIDA-APPROVED POLICY. ANY
   77         PURCHASE OF INDIVIDUAL HEALTH INSURANCE SHOULD BE
   78         CONSIDERED CAREFULLY, AS FUTURE MEDICAL CONDITIONS MAY
   79         MAKE IT IMPOSSIBLE TO QUALIFY FOR ANOTHER INDIVIDUAL
   80         HEALTH POLICY. FOR INFORMATION CONCERNING INDIVIDUAL
   81         HEALTH COVERAGE UNDER A FLORIDA-APPROVED POLICY,
   82         CONSULT YOUR AGENT OR THE FLORIDA DEPARTMENT OF
   83         FINANCIAL SERVICES.
   84  
   85         (3) Any insurer underwriting interstate health insurance
   86  policies pursuant to this section is subject to all applicable
   87  provisions of the Florida Insurance Code, except as otherwise
   88  provided in this section. Interstate health insurance policies
   89  are not subject to any form approval, rate approval,
   90  underwriting restrictions, guaranteed availability, or coverage
   91  mandates provided in the Florida Insurance Code. The insurer
   92  must file the interstate health insurance policy forms and rates
   93  and all subsequent changes to such forms and rates with the
   94  office for informational purposes only, and the office must make
   95  all such forms and rates available to the public on the office’s
   96  website. Health insurance agents who are licensed and appointed
   97  pursuant to chapter 626 may solicit, sell, effect, collect
   98  premium on, and deliver interstate health insurance policies in
   99  accordance with this section.
  100         (4) Any domestic health insurer authorized to transact
  101  health insurance in this state that is not authorized to
  102  transact health insurance in any other state may:
  103         (a) Adopt, solicit, and sell any interstate health
  104  insurance policy available in this state, using any of the forms
  105  and rates filed with the office, by filing a notice with the
  106  office of the insurer’s intent to adopt, solicit, and sell such
  107  policies in this state. The domestic insurer must file, for
  108  informational purposes only, a copy of the forms and rates the
  109  insurer will be using.
  110         (b) Adopt, solicit, and sell as an interstate health
  111  insurance policy any health insurance policy issued by a
  112  subsidiary or related corporation, as defined in s.
  113  625.325(3)(a) and (b), of a domestic insurer under this
  114  subsection which provides creditable coverage, as defined in s.
  115  627.6561(5)(a)2., and is governed by laws of any state,
  116  district, or commonwealth of the United States other than this
  117  state by complying with the requirements of this section.
  118         (5) Any interstate health insurance policy or application
  119  solicited, provided, entered into, issued, or delivered pursuant
  120  to this section is exempt from all provisions of the Florida
  121  Insurance Code, except that such policy, contract, or agreement
  122  is subject to the provisions of ss. 624.155, 624.316, 624.3161,
  123  624.401, 624.404, 624.407, 624.408, 624.4085, 624.40851,
  124  624.4095, 624.411, 624.413, 624.414, 624.415, 624.416, 624.418,
  125  624.420, 624.421, 624.4211, 624.4213, 624.422, 624.423, 624.424,
  126  624.4241, 624.4245, 624.428, 624.430, 624.509, 624.5091,
  127  626.951, 626.9511, 626.9521, 626.9541, 626.9551, 626.9561,
  128  626.9571, 626.9581, 626.9591, 626.9601, 627.428, and 627.6043.
  129         Section 2. This act shall take effect July 1, 2012.