Florida Senate - 2012                                    SB 1640
       
       
       
       By Senator Rich
       
       
       
       
       34-01121B-12                                          20121640__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Health Benefits
    3         Exchange; providing legislative findings and intent to
    4         establish a state-level health benefits exchange by a
    5         certain date; providing minimum functions for such
    6         exchange; establishing the Florida Health Benefits
    7         Exchange Legislative Study Committee to consider and
    8         make recommendations regarding the establishment of
    9         the exchange; providing for membership; specifying the
   10         minimum findings and recommendations of the committee;
   11         requiring a report; providing for future termination
   12         of the committee; providing that the act is null and
   13         void if that part of federal law requiring an exchange
   14         is repealed or replaced; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Florida Health Benefits Exchange.—
   19         (1) LEGISLATIVE INTENT.
   20         (a) The Legislature finds that:
   21         1. More than 4 million state residents currently lack
   22  health insurance coverage, and millions more are underinsured
   23  because they lack sufficient coverage including a package of
   24  comprehensive benefits.
   25         2. Rising health insurance premiums are jeopardizing
   26  employer-sponsored coverage for an increasing number of state
   27  residents and consuming an increasing portion of their wages.
   28         3. Ninety-seven percent of all employer firms in this
   29  state, which represent 404,000 businesses, have fewer than 100
   30  workers. Of those small businesses, 97 percent employ fewer than
   31  50 workers and are, therefore, not subject to fines or penalties
   32  for not offering health insurance coverage to their employees.
   33  In fact, only 31.2 percent of these small employers offer health
   34  insurance while 97.6 percent of firms with more than 50
   35  employees offer such insurance.
   36         4. Under the federal Patient Protection and Affordable Care
   37  Act, Pub. L. No. 111-148, as amended, all businesses that have
   38  fewer than 100 employees will be eligible for benefits offered
   39  through the health benefits exchanges authorized by the federal
   40  act. The health benefits exchanges, therefore, represent one way
   41  that a state can address coverage gaps and provide individual
   42  consumers and small employers with access to greater coverage
   43  options.
   44         5.A state is in the best position to implement an exchange
   45  that is sensitive to the coverage gaps and market landscape
   46  unique to that state. Although the federal act imposes a number
   47  of core requirements on state-level exchanges, a state has
   48  significant flexibility in the design and operation of a state
   49  exchange, making it prudent for the state to carefully analyze,
   50  plan, and prepare for an exchange that addresses that state’s
   51  needs and profile.
   52         6. In order for the state to craft a tenable exchange that
   53  meets the fundamental goals outlined by the federal act of
   54  expanding access to affordable coverage and improving the
   55  quality of care, the implementation process should provide for
   56  broad stakeholder representation; foster a robust and
   57  competitive marketplace, both inside and outside the exchange;
   58  and provide for a broad-based approach to ensuring the fiscal
   59  solvency of the exchange.
   60         (b) It is, therefore, the intent of the Legislature that,
   61  beginning January 1, 2014, and in accordance with ss. 1311,
   62  1321, and 1323 of the federal act, this state establish a state
   63  level health benefits exchange, to be known as the Florida
   64  Health Benefits Exchange, in order to help individuals and small
   65  employers that have up to 100 employees shop for, select, and
   66  enroll in qualified, affordable private health plans that fit
   67  their needs at competitive prices.
   68         (2) PURPOSE.—The purpose of this section is to ensure that
   69  the state is making sufficient progress towards establishing a
   70  state-level exchange within the guidelines outlined by the
   71  federal law by establishing a legislative study committee to
   72  consider and make recommendations regarding the implementation
   73  and establishment of the Florida Health Benefits Exchange.
   74         (3) EXCHANGE FUNCTIONS.—At a minimum, the Florida Health
   75  Benefits Exchange must:
   76         (a) Meet the core functions identified by the federal act
   77  and subsequent federal guidance and regulations.
   78         (b) Separate coverage pools for individuals and small
   79  employers and supplement and not supplant any existing private
   80  health insurance market for individuals and small employers.
   81         (c) Protect state residents from undue federal regulation.
   82         (4) STUDY COMMITTEE.—
   83         (a) The Florida Health Benefits Exchange Legislative Study
   84  Committee is created to conduct a study regarding the state
   85  implementation and establishment of the exchange.
   86         (b) Members of the committee shall be appointed as follows:
   87         1. Three members of the Senate shall be appointed by the
   88  President of the Senate;
   89         2. Three members of the Senate shall be appointed by the
   90  Minority Leader of the Senate;
   91         3. Three members of the House of Representatives shall be
   92  appointed by the Speaker of the House of Representatives; and
   93         4. Three members of the House of Representatives shall be
   94  appointed by the Minority Leader of the House of
   95  Representatives.
   96         (c) Each legislative leader shall select one member to
   97  serve as co-chair of the committee.
   98         (d) Committee members shall be appointed within 30 days
   99  after the effective date of this act. The co-chairs shall
  100  convene the first meeting of the committee within 45 days after
  101  the effective date of this act.
  102         (e) At a minimum, the committee shall develop findings and
  103  make recommendations for all of the following:
  104         1. The entity or agency to be responsible for operation of
  105  the exchange.
  106         2. The governance structure for the exchange.
  107         3. Infrastructure, technology, and staffing requirements
  108  for the exchange.
  109         4. Financing for and sustainability of the exchange.
  110         5. Regulatory roles and responsibilities assigned to the
  111  exchange.
  112         6. Exchange requirements relating to transparency,
  113  disclosure, fraud prevention and detection, accountability, and
  114  quality.
  115         7. The nature of the relationships between the exchange and
  116  relevant state and federal entities, including oversight and
  117  interagency coordination.
  118         8. Standards for plans to be sold by the exchange.
  119         9. Coordination of eligibility determination and enrollment
  120  among the exchange and other publicly supported health coverage
  121  programs.
  122         10. Mechanisms and strategies for limiting adverse
  123  selection in the exchange.
  124         11. Mechanisms and strategies for adding value, promoting
  125  competition and choice, and cost containment within the
  126  exchange.
  127         12. Outreach to, education of, and support for employers,
  128  consumers, and insurers by the exchange.
  129         13. Changes to state laws and rules necessary for the
  130  establishment and operation of the exchange.
  131         (f) By January 31, 2013, the committee shall report its
  132  findings and recommendations concerning the implementation and
  133  establishment of the exchange to the executive and legislative
  134  branches. The report must also include recommendations
  135  concerning prospective action to be taken by the Legislature as
  136  it relates to the establishment of the exchange in 2012, 2013,
  137  and 2014.
  138         (g) The committee shall terminate March 31, 2013.
  139         Section 2. This act is null and void if Congress and the
  140  President take action to repeal or replace s. 1311, s. 1321, or
  141  s. 1323 of the Patient Protection and Affordable Care Act, Pub.
  142  L. No. 111-148, as amended.
  143         Section 3. This act shall take effect upon becoming a law.