Florida Senate - 2013                                     SB 648
       By Senator Hukill
       8-00286A-13                                            2013648__
    1                        A bill to be entitled                      
    2         An act relating to health insurance marketing
    3         materials; amending ss. 627.6699 and 627.9407, F.S.;
    4         deleting requirements that a health insurer submit
    5         proposed marketing communications or advertising
    6         material to the Office of Insurance Regulation for
    7         review and approval; providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Paragraph (d) of subsection (12) of section
   12  627.6699, Florida Statutes, is amended to read:
   13         627.6699 Employee Health Care Access Act.—
   16         (d)1. Upon offering coverage under a standard health
   17  benefit plan, a basic health benefit plan, or a limited benefit
   18  policy or contract for a any small employer group, the small
   19  employer carrier shall provide such employer group with a
   20  written statement that contains, at a minimum:
   21         a. An explanation of those mandated benefits and providers
   22  that are not covered by the policy or contract;
   23         b. An explanation of the managed care and cost control
   24  features of the policy or contract, along with all appropriate
   25  mailing addresses and telephone numbers to be used by insureds
   26  in seeking information or authorization; and
   27         c. An explanation of the primary and preventive care
   28  features of the policy or contract.
   30  Such disclosure statement must be presented in a clear and
   31  understandable form and format and must be separate from the
   32  policy or certificate or evidence of coverage provided to the
   33  employer group.
   34         2. Before a small employer carrier issues a standard health
   35  benefit plan, a basic health benefit plan, or a limited benefit
   36  policy or contract, the carrier it must obtain from the
   37  prospective policyholder a signed written statement in which the
   38  prospective policyholder:
   39         a. Certifies as to eligibility for coverage under the
   40  standard health benefit plan, basic health benefit plan, or
   41  limited benefit policy or contract;
   42         b. Acknowledges the limited nature of the coverage and an
   43  understanding of the managed care and cost control features of
   44  the policy or contract;
   45         c. Acknowledges that if misrepresentations are made
   46  regarding eligibility for coverage under a standard health
   47  benefit plan, a basic health benefit plan, or a limited benefit
   48  policy or contract, the person making such misrepresentations
   49  forfeits coverage provided by the policy or contract; and
   50         d. If a limited plan is requested, acknowledges that the
   51  prospective policyholder had been offered, at the time of
   52  application for the insurance policy or contract, the
   53  opportunity to purchase any health benefit plan offered by the
   54  carrier and that the prospective policyholder had rejected that
   55  coverage.
   57  A copy of such written statement must shall be provided to the
   58  prospective policyholder by no later than at the time of
   59  delivery of the policy or contract, and the original of such
   60  written statement must shall be retained in the files of the
   61  small employer carrier for the period of time that the policy or
   62  contract remains in effect or for 5 years, whichever period is
   63  longer.
   64         3. Any material statement made by an applicant for coverage
   65  under a health benefit plan which falsely certifies as to the
   66  applicant’s eligibility for coverage serves as the basis for
   67  terminating coverage under the policy or contract.
   68         4. Each marketing communication that is intended to be used
   69  in the marketing of a health benefit plan in this state must be
   70  submitted for review by the office prior to use and must contain
   71  the disclosures stated in this subsection.
   72         Section 2. Subsection (2) of section 627.9407, Florida
   73  Statutes, is amended to read:
   74         627.9407 Disclosure, advertising, and performance standards
   75  for long-term care insurance.—
   76         (2) ADVERTISING.—The commission shall adopt rules
   77  establishing setting forth standards for the advertising,
   78  marketing, and sale of long-term care insurance policies in
   79  order to protect applicants from unfair or deceptive sales or
   80  enrollment practices. An insurer shall file with the office any
   81  long-term care insurance advertising material intended for use
   82  in this state and may immediately begin using such material upon
   83  filing at least 30 days before the date of use of the
   84  advertisement in this state. Within 30 days after the date of
   85  receipt of the advertising material, the office shall review the
   86  material and shall disapprove any advertisement if, in the
   87  opinion of the office, such advertisement violates any of the
   88  provisions of this part or of part IX of chapter 626 or any rule
   89  of the commission. The office may disapprove an advertisement at
   90  any time and enter an immediate order requiring that the use of
   91  the advertisement be discontinued if it determines that the
   92  advertisement violates any of the provisions of this part, or of
   93  part IX of chapter 626, or any rule of the commission.
   94         Section 3. This act shall take effect July 1, 2013.