HB 4139

1
A bill to be entitled
2An act relating to the repeal of health insurance
3provisions; amending s. 627.64872, F.S.; deleting a
4requirement that the Florida Health Insurance Plan's
5board of directors annually report to the Governor and
6the Legislature concerning the Florida Health
7Insurance Plan; deleting redundant language making the
8implementation of the plan by the board contingent
9upon certain appropriations; amending s. 627.6699,
10F.S.; deleting a requirement that the Office of
11Insurance Regulation of the Department of Financial
12Services annually report to the Governor and the
13Legislature concerning the Small Employers Access
14Program; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Subsections (7) through (20) of section
19627.64872, Florida Statutes, are renumbered as subsections (6)
20through (19), respectively, and paragraph (b) of subsection (4),
21present subsection (6), and paragraph (a) of present subsection
22(20) of that section are amended to read:
23     627.64872  Florida Health Insurance Plan.-
24     (4)  PLAN OF OPERATION.-The plan of operation shall:
25     (b)  Establish procedures for selecting an administrator in
26accordance with subsection (10) (11).
27     (6)  ANNUAL REPORT.-The board shall annually submit to the
28Governor, the President of the Senate, and the Speaker of the
29House of Representatives a report that includes an independent
30actuarial study to determine, without limitation, the following:
31     (a)  The effect the creation of the plan has on the small
32group and individual insurance market, specifically on the
33premiums paid by insureds, including an estimate of the total
34anticipated aggregate savings for all small employers in the
35state.
36     (b)  The actual number of individuals covered at the
37current funding and benefit level, the projected number of
38individuals that may seek coverage in the forthcoming fiscal
39year, and the projected funding needed to cover anticipated
40increase or decrease in plan participation.
41     (c)  A recommendation as to the best source of funding for
42the anticipated deficits of the pool.
43     (d)  A summary of the activities of the plan in the
44preceding calendar year, including the net written and earned
45premiums, plan enrollment, the expense of administration, and
46the paid and incurred losses.
47     (e)  A review of the operation of the plan as to whether
48the plan has met the intent of this section.
49
50The board may not implement the Florida Health Insurance Plan
51until funds are appropriated for startup costs and any projected
52deficits; however, the board may complete the actuarial study
53authorized in this subsection.
54     (19)(20)  COMBINING MEMBERSHIP OF THE FLORIDA COMPREHENSIVE
55HEALTH ASSOCIATION; ASSESSMENT.-
56     (a)1.  Upon implementation of the Florida Health Insurance
57Plan, the Florida Comprehensive Health Association, as specified
58in s. 627.6488, is abolished as a separate nonprofit entity and
59shall be subsumed under the board of directors of the Florida
60Health Insurance Plan. All individuals actively enrolled in the
61Florida Comprehensive Health Association shall be enrolled in
62the plan subject to its rules and requirements, except as
63otherwise specified in this section. Maximum lifetime benefits
64paid to an individual in the plan shall not exceed the amount
65established under subsection (15) (16), and benefits previously
66paid for any individual by the Florida Comprehensive Health
67Association shall be used in the determination of total lifetime
68benefits paid under the plan.
69     2.  All persons enrolled in the Florida Comprehensive
70Health Association upon implementation of the Florida Health
71Insurance Plan are only eligible for the benefits authorized
72under subsection (15) (16). Persons identified by this section
73shall convert to the benefits authorized under subsection (15)
74(16) no later than January 1, 2005.
75     3.  Except as otherwise provided in this section, the
76administration of the coverage of persons actively enrolled in
77the Florida Comprehensive Health Association shall operate under
78the existing plan of operation without modification until the
79adoption of the new plan of operation for the Florida Health
80Insurance Plan.
81     Section 2.  Paragraph (l) of subsection (15) of section
82627.6699, Florida Statutes, is amended to read:
83     627.6699  Employee Health Care Access Act.-
84     (15)  SMALL EMPLOYERS ACCESS PROGRAM.-
85     (l)  Annual reporting.-The office shall make an annual
86report to the Governor, the President of the Senate, and the
87Speaker of the House of Representatives. The report shall
88summarize the activities of the program in the preceding
89calendar year, including the net written and earned premiums,
90program enrollment, the expense of administration, and the paid
91and incurred losses. The report shall be submitted no later than
92March 15 following the close of the prior calendar year.
93     Section 3.  This act shall take effect July 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.