Florida Senate - 2016              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1170
       
       
       
       
       
                               Ì899852OÎ899852                          
       
       576-03408-16                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Health and Human Services)
    1                        A bill to be entitled                      
    2         An act relating to health plan regulatory
    3         administration; amending s. 408.909, F.S.; redefining
    4         the term “health care coverage” or “health flex plan
    5         coverage”; amending s. 409.817, F.S.; deleting a
    6         provision authorizing group insurance plans to impose
    7         a certain preexisting condition exclusion; amending s.
    8         624.123, F.S.; conforming a cross-reference; amending
    9         s. 627.402, F.S.; redefining the term
   10         “nongrandfathered health plan”; amending s. 627.411,
   11         F.S.; deleting a provision relating to a minimum loss
   12         ratio standard for specified health insurance
   13         coverage; deleting provisions specifying certain
   14         incurred claims; amending s. 627.6011, F.S.,
   15         conforming a cross-reference; amending s. 627.602,
   16         F.S.; conforming a cross-reference; amending s.
   17         627.642, F.S.; revising the policies to which certain
   18         outline of coverage requirements apply; amending s.
   19         627.6425, F.S.; redefining the term “individual health
   20         insurance”; revising applicability; amending s.
   21         627.6487, F.S.; redefining terms; repealing s.
   22         627.64871, F.S., relating to certification of
   23         coverage; amending s. 627.6512, F.S.; revising a
   24         provision specifying that certain sections of the
   25         Florida Insurance Code do not apply to a group health
   26         insurance policy as that policy relates to specified
   27         benefits, under certain circumstances; amending s.
   28         627.6513, F.S.; excluding applicability as to certain
   29         types of benefits or coverages; amending s. 627.6561,
   30         F.S.; conforming a cross-reference; revising
   31         conditions under which an insurer may impose a
   32         preexisting condition exclusion; deleting the
   33         definition of the term “creditable coverage”; removing
   34         certain requirements relating to creditable coverage
   35         to conform to changes made by the act; amending s.
   36         627.6562, F.S.; redefining the term “creditable
   37         coverage”; providing exceptions and applicability;
   38         amending s. 627.65626, F.S.; conforming a cross
   39         reference; amending s. 627.6699, F.S.; redefining
   40         terms; deleting a provision that requires a certain
   41         health benefit plan to comply with specified
   42         preexisting condition provisions; amending s.
   43         627.6741, F.S.; conforming cross-references;
   44         conforming a provision to changes made by the act;
   45         amending s. 641.31, F.S.; deleting a provision
   46         specifying that a law restricting or limiting
   47         deductibles, coinsurance, copayments, or annual or
   48         lifetime maximum payments may not apply to a certain
   49         health maintenance organization contract; conforming a
   50         cross-reference; amending s. 641.31071, F.S.;
   51         conforming a cross-reference; deleting the definition
   52         of the term “creditable coverage”; removing certain
   53         requirements relating to creditable coverage to
   54         conform to changes made by the act; amending s.
   55         641.31074; requiring a health maintenance organization
   56         that issues a health insurance contract, rather than a
   57         group health insurance contract, to renew or continue
   58         in force such coverage at the contract holder’s
   59         option; revising conditions under which a health
   60         maintenance organization may discontinue offering a
   61         particular contract form; adding to the conditions
   62         under which a health maintenance organization may, at
   63         the time of coverage renewal, modify coverage for a
   64         product offered; amending s. 641.312, F.S.; conforming
   65         a cross-reference; providing an effective date.
   66          
   67  Be It Enacted by the Legislature of the State of Florida:
   68  
   69         Section 1. Paragraph (d) of subsection (2) of section
   70  408.909, Florida Statutes, is amended to read:
   71         408.909 Health flex plans.—
   72         (2) DEFINITIONS.—As used in this section, the term:
   73         (d) “Health care coverage” or “health flex plan coverage”
   74  means health care services that are covered as benefits under an
   75  approved health flex plan or that are otherwise provided, either
   76  directly or through arrangements with other persons, via a
   77  health flex plan on a prepaid per capita basis or on a prepaid
   78  aggregate fixed-sum basis. The terms may also include one or
   79  more of the excepted benefits under s. 627.6513(1)-(13) s.
   80  627.6561(5)(b), the benefits under s. 627.6561(5)(c), if offered
   81  separately, or the benefits under s. 627.6561(5)(d), if offered
   82  as independent, noncoordinated benefits.
   83         Section 2. Section 409.817, Florida Statutes, is amended to
   84  read:
   85         409.817 Approval of health benefits coverage; financial
   86  assistance.—In order for health insurance coverage to qualify
   87  for premium assistance payments for an eligible child under ss.
   88  409.810-409.821, the health benefits coverage must:
   89         (1) Be certified by the Office of Insurance Regulation of
   90  the Financial Services Commission under s. 409.818 as meeting,
   91  exceeding, or being actuarially equivalent to the benchmark
   92  benefit plan;
   93         (2) Be guarantee issued;
   94         (3) Be community rated;
   95         (4) Not impose any preexisting condition exclusion for
   96  covered benefits; however, group health insurance plans may
   97  permit the imposition of a preexisting condition exclusion, but
   98  only insofar as it is permitted under s. 627.6561;
   99         (5) Comply with the applicable limitations on premiums and
  100  cost sharing in s. 409.816;
  101         (6) Comply with the quality assurance and access standards
  102  developed under s. 409.820; and
  103         (7) Establish periodic open enrollment periods, which may
  104  not occur more frequently than quarterly.
  105         Section 3. Paragraph (b) of subsection (1) of section
  106  624.123, Florida Statutes, is amended to read:
  107         624.123 Certain international health insurance policies;
  108  exemption from code.—
  109         (1) International health insurance policies and
  110  applications may be solicited and sold in this state at any
  111  international airport to a resident of a foreign country. Such
  112  international health insurance policies shall be solicited and
  113  sold only by a licensed health insurance agent and underwritten
  114  only by an admitted insurer. For purposes of this subsection:
  115         (b) “International health insurance policy” means health
  116  insurance, as provided defined in s. 627.6562(3)(a)2. s.
  117  627.6561(5)(a)2., which is offered to an individual, covering
  118  only a resident of a foreign country on an annual basis.
  119         Section 4. Subsection (2) of section 627.402, Florida
  120  Statutes, is amended to read:
  121         627.402 Definitions.—As used in this part, the term:
  122         (2) “Nongrandfathered health plan” is a health insurance
  123  policy or health maintenance organization contract that is not a
  124  grandfathered health plan and does not provide the benefits or
  125  coverages specified under s. 627.6513(1)-(14) s. 627.6561(5)(b)
  126  (e).
  127         Section 5. Subsection (3) of section 627.411, Florida
  128  Statutes, is amended to read:
  129         627.411 Grounds for disapproval.—
  130         (3)(a) For health insurance coverage as described in s.
  131  627.6561(5)(a)2., the minimum loss ratio standard of incurred
  132  claims to earned premium for the form shall be 65 percent.
  133         (b) Incurred claims are claims occurring within a fixed
  134  period, whether or not paid during the same period, under the
  135  terms of the policy period.
  136         1. Claims include scheduled benefit payments or services
  137  provided by a provider or through a provider network for dental,
  138  vision, disability, and similar health benefits.
  139         2. Claims do not include state assessments, taxes, company
  140  expenses, or any expense incurred by the company for the cost of
  141  adjusting and settling a claim, including the review,
  142  qualification, oversight, management, or monitoring of a claim
  143  or incentives or compensation to providers for other than the
  144  provisions of health care services.
  145         3. A company may at its discretion include costs that are
  146  demonstrated to reduce claims, such as fraud intervention
  147  programs or case management costs, which are identified in each
  148  filing, are demonstrated to reduce claims costs, and do not
  149  result in increasing the experience period loss ratio by more
  150  than 5 percent.
  151         4. For scheduled claim payments, such as disability income
  152  or long-term care, the incurred claims shall be the present
  153  value of the benefit payments discounted for continuance and
  154  interest.
  155         Section 6. Section 627.6011, Florida Statutes, is amended
  156  to read:
  157         627.6011 Mandated coverages.—Mandatory health benefits
  158  regulated under this chapter are not intended to apply to the
  159  types of health benefit plans listed in s. 627.6513(1)-(14) s.
  160  627.6561(5)(b)-(e), issued in any market, unless specifically
  161  designated otherwise. For purposes of this section, the term
  162  “mandatory health benefits” means those benefits set forth in
  163  ss. 627.6401-627.64193, and any other mandatory treatment or
  164  health coverages or benefits enacted on or after July 1, 2012.
  165         Section 7. Paragraph (h) of subsection (1) of section
  166  627.602, Florida Statutes, is amended to read:
  167         627.602 Scope, format of policy.—
  168         (1) Each health insurance policy delivered or issued for
  169  delivery to any person in this state must comply with all
  170  applicable provisions of this code and all of the following
  171  requirements:
  172         (h) Section 641.312 and the provisions of the Employee
  173  Retirement Income Security Act of 1974, as implemented by 29
  174  C.F.R. s. 2560.503-1, relating to internal grievances. This
  175  paragraph does not apply to a health insurance policy that is
  176  subject to the Subscriber Assistance Program under s. 408.7056
  177  or to the types of benefits or coverages provided under s.
  178  627.6513(1)-(14) s. 627.6561(5)(b)-(e) issued in any market.
  179         Section 8. Subsection (1) of section 627.642, Florida
  180  Statutes, is amended to read:
  181         627.642 Outline of coverage.—
  182         (1) A policy offering benefits defined in s. 627.6513(1)
  183  (14) or a large group No individual or family accident and
  184  health insurance policy may not shall be delivered, or issued
  185  for delivery, in this state unless:
  186         (a) It is accompanied by an appropriate outline of
  187  coverage; or
  188         (b) An appropriate outline of coverage is completed and
  189  delivered to the applicant at the time application is made, and
  190  an acknowledgment of receipt or certificate of delivery of such
  191  outline is provided to the insurer with the application.
  192  
  193  In the case of a direct response, such as a written application
  194  to the insurance company from an applicant, the outline of
  195  coverage shall accompany the policy when issued.
  196         Section 9. Subsections (1), (6), and (7) of section
  197  627.6425, Florida Statutes, are amended, to read:
  198         627.6425 Renewability of individual coverage.—
  199         (1) Except as otherwise provided in this section, an
  200  insurer that provides individual health insurance coverage to an
  201  individual shall renew or continue in force such coverage at the
  202  option of the individual. For the purpose of this section, the
  203  term “individual health insurance” means health insurance
  204  coverage, as described in s. 624.603 s. 627.6561(5)(a)2.,
  205  offered to an individual in this state, including certificates
  206  of coverage offered to individuals in this state as part of a
  207  group policy issued to an association outside this state, but
  208  the term does not include short-term limited duration insurance
  209  or excepted benefits specified in s. 627.6513(1)-(14) subsection
  210  (6) or subsection (7).
  211         (6) The requirements of this section do not apply to any
  212  health insurance coverage in relation to its provision of
  213  excepted benefits described in s. 627.6561(5)(b).
  214         (7) The requirements of this section do not apply to any
  215  health insurance coverage in relation to its provision of
  216  excepted benefits described in s. 627.6561(5)(c), (d), or (e),
  217  if the benefits are provided under a separate policy,
  218  certificate, or contract of insurance.
  219         Section 10. Paragraph (b) of subsection (2) and subsection
  220  (3) of section 627.6487, Florida Statutes, are amended to read:
  221         627.6487 Guaranteed availability of individual health
  222  insurance coverage to eligible individuals.—
  223         (2) For the purposes of this section:
  224         (b) “Individual health insurance” means health insurance,
  225  as defined in s. 624.603 s. 627.6561(5)(a)2., which is offered
  226  to an individual, including certificates of coverage offered to
  227  individuals in this state as part of a group policy issued to an
  228  association outside this state, but the term does not include
  229  short-term limited duration insurance or excepted benefits
  230  specified in s. 627.6513(1)-(14) s. 627.6561(5)(b) or, if the
  231  benefits are provided under a separate policy, certificate, or
  232  contract, the term does not include excepted benefits specified
  233  in s. 627.6561(5)(c), (d), or (e).
  234         (3) For the purposes of this section, the term “eligible
  235  individual” means an individual:
  236         (a)1. For whom, as of the date on which the individual
  237  seeks coverage under this section, the aggregate of the periods
  238  of creditable coverage, as defined in s. 627.6562(3) s.
  239  627.6561(5) and (6), is 18 or more months; and
  240         2.a. Whose most recent prior creditable coverage was under
  241  a group health plan, governmental plan, or church plan, or
  242  health insurance coverage offered in connection with any such
  243  plan; or
  244         b. Whose most recent prior creditable coverage was under an
  245  individual plan issued in this state by a health insurer or
  246  health maintenance organization, which coverage is terminated
  247  due to the insurer or health maintenance organization becoming
  248  insolvent or discontinuing the offering of all individual
  249  coverage in the State of Florida, or due to the insured no
  250  longer living in the service area in the State of Florida of the
  251  insurer or health maintenance organization that provides
  252  coverage through a network plan in the State of Florida;
  253         (b) Who is not eligible for coverage under:
  254         1. A group health plan, as defined in s. 2791 of the Public
  255  Health Service Act;
  256         2. A conversion policy or contract issued by an authorized
  257  insurer or health maintenance organization under s. 627.6675 or
  258  s. 641.3921, respectively, offered to an individual who is no
  259  longer eligible for coverage under either an insured or self
  260  insured employer plan;
  261         3. Part A or part B of Title XVIII of the Social Security
  262  Act; or
  263         4. A state plan under Title XIX of such act, or any
  264  successor program, and does not have other health insurance
  265  coverage;
  266         (c) With respect to whom the most recent coverage within
  267  the coverage period described in paragraph (a) was not
  268  terminated based on a factor described in s. 627.6571(2)(a) or
  269  (b), relating to nonpayment of premiums or fraud, unless such
  270  nonpayment of premiums or fraud was due to acts of an employer
  271  or person other than the individual;
  272         (d) Who, having been offered the option of continuation
  273  coverage under a COBRA continuation provision or under s.
  274  627.6692, elected such coverage; and
  275         (e) Who, if the individual elected such continuation
  276  provision, has exhausted such continuation coverage under such
  277  provision or program.
  278         Section 11. Section 627.64871, Florida Statutes, is
  279  repealed.
  280         Section 12. Section 627.6512, Florida Statutes, is amended
  281  to read:
  282         627.6512 Exemption of certain group health insurance
  283  policies.—Sections 627.6561, 627.65615, 627.65625, and 627.6571
  284  do not apply to:
  285         (1) any group insurance policy in relation to its provision
  286  of excepted benefits described in s. 627.6513(1)-(14)
  287  627.6561(5)(b).
  288         (2)Any group health insurance policy in relation to its
  289  provision of excepted benefits described in s. 627.6561(5)(c),
  290  if the benefits:
  291         (a)Are provided under a separate policy, certificate, or
  292  contract of insurance; or
  293         (b)Are otherwise not an integral part of the policy.
  294         (3)Any group health insurance policy in relation to its
  295  provision of excepted benefits described in s. 627.6561(5)(d),
  296  if all of the following conditions are met:
  297         (a)The benefits are provided under a separate policy,
  298  certificate, or contract of insurance;
  299         (b)There is no coordination between the provision of such
  300  benefits and any exclusion of benefits under any group policy
  301  maintained by the same policyholder; and
  302         (c)Such benefits are paid with respect to an event without
  303  regard to whether benefits are provided with respect to such an
  304  event under any group health policy maintained by the same
  305  policyholder.
  306         (4)Any group health policy in relation to its provision of
  307  excepted benefits described in s. 627.6561(5)(e), if the
  308  benefits are provided under a separate policy, certificate, or
  309  contract of insurance.
  310         Section 13. Section 627.6513, Florida Statutes, is amended
  311  to read:
  312         627.6513 Scope.—Section 641.312 and the provisions of the
  313  Employee Retirement Income Security Act of 1974, as implemented
  314  by 29 C.F.R. s. 2560.503-1, relating to internal grievances,
  315  apply to all group health insurance policies issued under this
  316  part. This section does not apply to a group health insurance
  317  policy that is subject to the Subscriber Assistance Program in
  318  s. 408.7056 or to: the types of benefits or coverages provided
  319  under s. 627.6561(5)(b)-(e) issued in any market.
  320         (1)Coverage only for accident insurance, or disability
  321  income insurance, or any combination thereof.
  322         (2)Coverage issued as a supplement to liability insurance.
  323         (3)Liability insurance, including general liability
  324  insurance and automobile liability insurance.
  325         (4)Workers’ compensation or similar insurance.
  326         (5)Automobile medical payment insurance.
  327         (6)Credit-only insurance.
  328         (7)Coverage for onsite medical clinics, including prepaid
  329  health clinics under part II of chapter 641.
  330         (8)Other similar insurance coverage, specified in rules
  331  adopted by the commission, under which benefits for medical care
  332  are secondary or incidental to other insurance benefits. To the
  333  extent possible, such rules must be consistent with regulations
  334  adopted by the United States Department of Health and Human
  335  Services.
  336         (9)Limited scope dental or vision benefits, if offered
  337  separately.
  338         (10)Benefits for long-term care, nursing home care, home
  339  health care, or community-based care, or any combination
  340  thereof, if offered separately.
  341         (11)Other similar, limited benefits, if offered
  342  separately, as specified in rules adopted by the commission.
  343         (12)Coverage only for a specified disease or illness, if
  344  offered as independent, noncoordinated benefits.
  345         (13)Hospital indemnity or other fixed indemnity insurance,
  346  if offered as independent, noncoordinated benefits.
  347         (14)Benefits provided through a Medicare supplemental
  348  health insurance policy, as defined under s. 1882(g)(1) of the
  349  Social Security Act, coverage supplemental to the coverage
  350  provided under 10 U.S.C. chapter 55, and similar supplemental
  351  coverage provided to coverage under a group health plan, which
  352  are offered as a separate insurance policy and as independent,
  353  noncoordinated benefits.
  354         Section 14. Section 627.6561, Florida Statutes, is amended
  355  to read:
  356         627.6561 Preexisting conditions.—
  357         (1) As used in this section, the term:
  358         (a) “Enrollment date” means, with respect to an individual
  359  covered under a group health policy, the date of enrollment of
  360  the individual in the plan or coverage or, if earlier, the first
  361  day of the waiting period of such enrollment.
  362         (b) “Late enrollee” means, with respect to coverage under a
  363  group health policy, a participant or beneficiary who enrolls
  364  under the policy other than during:
  365         1. The first period in which the individual is eligible to
  366  enroll under the policy.
  367         2. A special enrollment period, as provided under s.
  368  627.65615.
  369         (c) “Waiting period” means, with respect to a group health
  370  policy and an individual who is a potential participant or
  371  beneficiary of the policy, the period that must pass with
  372  respect to the individual before the individual is eligible to
  373  be covered for benefits under the terms of the policy.
  374         (2) Subject to the exceptions specified in subsection (4),
  375  an insurer that offers group health insurance coverage may, with
  376  respect to a participant or beneficiary, impose a preexisting
  377  condition exclusion only if:
  378         (a) Such exclusion relates to a physical or mental
  379  condition, regardless of the cause of the condition, for which
  380  medical advice, diagnosis, care, or treatment was recommended or
  381  received within the 6-month period ending on the enrollment
  382  date;
  383         (b) Such exclusion extends for a period of not more than 12
  384  months, or 18 months in the case of a late enrollee, after the
  385  enrollment date; and
  386         (c) The period of any such preexisting condition exclusion
  387  is reduced by the aggregate of the periods of creditable
  388  coverage, as defined in s. 627.6562(3) subsection (5),
  389  applicable to the participant or beneficiary as of the
  390  enrollment date.
  391         (3) Genetic information may not be treated as a condition
  392  described in paragraph (2)(a) in the absence of a diagnosis of
  393  the condition related to such information.
  394         (4)(a) Subject to paragraph (b), an insurer that offers
  395  group health insurance coverage may not impose any preexisting
  396  condition exclusion in the case of:
  397         1. An individual who, as of the last day of the 30-day
  398  period beginning with the date of birth, is covered under
  399  creditable coverage.
  400         2. A child who is adopted or placed for adoption before
  401  attaining 18 years of age and who, as of the last day of the 30
  402  day period beginning on the date of the adoption or placement
  403  for adoption, is covered under creditable coverage. This
  404  provision does not apply to coverage before the date of such
  405  adoption or placement for adoption.
  406         3. Pregnancy.
  407         (b) Subparagraphs 1. and 2. do not apply to an individual
  408  after the end of the first 63-day period during all of which the
  409  individual was not covered under any creditable coverage.
  410         (5)(a)The term, “creditable coverage,” means, with respect
  411  to an individual, coverage of the individual under any of the
  412  following:
  413         1.A group health plan, as defined in s. 2791 of the Public
  414  Health Service Act.
  415         2.Health insurance coverage consisting of medical care,
  416  provided directly, through insurance or reimbursement, or
  417  otherwise and including terms and services paid for as medical
  418  care, under any hospital or medical service policy or
  419  certificate, hospital or medical service plan contract, or
  420  health maintenance contract offered by a health insurance
  421  issuer.
  422         3.Part A or part B of Title XVIII of the Social Security
  423  Act.
  424         4.Title XIX of the Social Security Act, other than
  425  coverage consisting solely of benefits under s. 1928.
  426         5.Chapter 55 of Title 10, United States Code.
  427         6.A medical care program of the Indian Health Service or
  428  of a tribal organization.
  429         7.The Florida Comprehensive Health Association or another
  430  state health benefit risk pool.
  431         8.A health plan offered under chapter 89 of Title 5,
  432  United States Code.
  433         9.A public health plan as defined by rules adopted by the
  434  commission. To the greatest extent possible, such rules must be
  435  consistent with regulations adopted by the United States
  436  Department of Health and Human Services.
  437         10.A health benefit plan under s. 5(e) of the Peace Corps
  438  Act (22 U.S.C. s. 2504(e)).
  439         (b)Creditable coverage does not include coverage that
  440  consists solely of one or more or any combination thereof of the
  441  following excepted benefits:
  442         1.Coverage only for accident, or disability income
  443  insurance, or any combination thereof.
  444         2.Coverage issued as a supplement to liability insurance.
  445         3.Liability insurance, including general liability
  446  insurance and automobile liability insurance.
  447         4.Workers’ compensation or similar insurance.
  448         5.Automobile medical payment insurance.
  449         6.Credit-only insurance.
  450         7.Coverage for onsite medical clinics, including prepaid
  451  health clinics under part II of chapter 641.
  452         8.Other similar insurance coverage, specified in rules
  453  adopted by the commission, under which benefits for medical care
  454  are secondary or incidental to other insurance benefits. To the
  455  extent possible, such rules must be consistent with regulations
  456  adopted by the United States Department of Health and Human
  457  Services.
  458         (c)The following benefits are not subject to the
  459  creditable coverage requirements, if offered separately:
  460         1.Limited scope dental or vision benefits.
  461         2.Benefits for long-term care, nursing home care, home
  462  health care, community-based care, or any combination thereof.
  463         3.Such other similar, limited benefits as are specified in
  464  rules adopted by the commission.
  465         (d)The following benefits are not subject to creditable
  466  coverage requirements if offered as independent, noncoordinated
  467  benefits:
  468         1.Coverage only for a specified disease or illness.
  469         2.Hospital indemnity or other fixed indemnity insurance.
  470         (e)Benefits provided through a Medicare supplemental
  471  health insurance, as defined under s. 1882(g)(1) of the Social
  472  Security Act, coverage supplemental to the coverage provided
  473  under chapter 55 of Title 10, United States Code, and similar
  474  supplemental coverage provided to coverage under a group health
  475  plan are not considered creditable coverage if offered as a
  476  separate insurance policy.
  477         (6)(a)A period of creditable coverage may not be counted,
  478  with respect to enrollment of an individual under a group health
  479  plan, if, after such period and before the enrollment date,
  480  there was a 63-day period during all of which the individual was
  481  not covered under any creditable coverage.
  482         (b)Any period during which an individual is in a waiting
  483  period for any coverage under a group health plan or for group
  484  health insurance coverage may not be taken into account in
  485  determining the 63-day period under paragraph (a) or paragraph
  486  (4)(b).
  487         (7)(a)Except as otherwise provided under paragraph (b), an
  488  insurer shall count a period of creditable coverage without
  489  regard to the specific benefits covered under the period.
  490         (b)An insurer may elect to count, as creditable coverage,
  491  coverage of benefits within each of several classes or
  492  categories of benefits specified in rules adopted by the
  493  commission rather than as provided under paragraph (a). To the
  494  extent possible, such rules must be consistent with regulations
  495  adopted by the United States Department of Health and Human
  496  Services. Such election shall be made on a uniform basis for all
  497  participants and beneficiaries. Under such election, an insurer
  498  shall count a period of creditable coverage with respect to any
  499  class or category of benefits if any level of benefits is
  500  covered within such class or category.
  501         (c)In the case of an election with respect to an insurer
  502  under paragraph (b), the insurer shall:
  503         1.Prominently state in 10-point type or larger in any
  504  disclosure statements concerning the policy, and state to each
  505  certificateholder at the time of enrollment under the policy,
  506  that the insurer has made such election; and
  507         2.Include in such statements a description of the effect
  508  of this election.
  509         (8)(a)Periods of creditable coverage with respect to an
  510  individual shall be established through presentation of
  511  certifications described in this subsection or in such other
  512  manner as is specified in rules adopted by the commission. To
  513  the extent possible, such rules must be consistent with
  514  regulations adopted by the United States Department of Health
  515  and Human Services.
  516         (b)An insurer that offers group health insurance coverage
  517  shall provide the certification described in paragraph (a):
  518         1.At the time an individual ceases to be covered under the
  519  plan or otherwise becomes covered under a COBRA continuation
  520  provision or continuation pursuant to s. 627.6692.
  521         2.In the case of an individual becoming covered under a
  522  COBRA continuation provision or pursuant to s. 627.6692, at the
  523  time the individual ceases to be covered under such a provision.
  524         3.Upon the request on behalf of an individual made not
  525  later than 24 months after the date of cessation of the coverage
  526  described in this paragraph.
  527  
  528  The certification under subparagraph 1. may be provided, to the
  529  extent practicable, at a time consistent with notices required
  530  under any applicable COBRA continuation provision or
  531  continuation pursuant to s. 627.6692.
  532         (c)The certification described in this section is a
  533  written certification that must include:
  534         1.The period of creditable coverage of the individual
  535  under the policy and the coverage, if any, under such COBRA
  536  continuation provision or continuation pursuant to s. 627.6692;
  537  and
  538         2.The waiting period, if any, imposed with respect to the
  539  individual for any coverage under such policy.
  540         (d)In the case of an election described in subsection (7)
  541  by an insurer, if the insurer enrolls an individual for coverage
  542  under the plan and the individual provides a certification of
  543  coverage of the individual, as provided in this subsection:
  544         1.Upon request of such insurer, the insurer that issued
  545  the certification provided by the individual shall promptly
  546  disclose to such requesting plan or insurer information on
  547  coverage of classes and categories of health benefits available
  548  under such insurer’s plan or coverage.
  549         2.Such insurer may charge the requesting insurer for the
  550  reasonable cost of disclosing such information.
  551         (e)The commission shall adopt rules to prevent an
  552  insurer’s failure to provide information under this subsection
  553  with respect to previous coverage of an individual from
  554  adversely affecting any subsequent coverage of the individual
  555  under another group health plan or health insurance coverage. To
  556  the greatest extent possible, such rules must be consistent with
  557  regulations adopted by the United States Department of Health
  558  and Human Services.
  559         (9)(a)Except as provided in paragraph (b), no period
  560  before July 1, 1996, shall be taken into account in determining
  561  creditable coverage.
  562         (b)The commission shall adopt rules that provide a process
  563  whereby individuals who need to establish creditable coverage
  564  for periods before July 1, 1996, and who would have such
  565  coverage credited but for paragraph (a), may be given credit for
  566  creditable coverage for such periods through the presentation of
  567  documents or other means. To the greatest extent possible, such
  568  rules must be consistent with regulations adopted by the United
  569  States Department of Health and Human Services.
  570         (10)Except as otherwise provided in this subsection,
  571  paragraph (8)(b) applies to events that occur on or after July
  572  1, 1996.
  573         (a)In no case is a certification required to be provided
  574  under paragraph (8)(b) prior to June 1, 1997.
  575         (b)In the case of an event that occurred on or after July
  576  1, 1996, and before October 1, 1996, a certification is not
  577  required to be provided under paragraph (8)(b), unless an
  578  individual, with respect to whom the certification is required
  579  to be made, requests such certification in writing.
  580         (11)In the case of an individual who seeks to establish
  581  creditable coverage for any period for which certification is
  582  not required because it relates to an event that occurred before
  583  July 1, 1996:
  584         (a)The individual may present other creditable coverage in
  585  order to establish the period of creditable coverage.
  586         (b)An insurer is not subject to any penalty or enforcement
  587  action with respect to the insurer’s crediting, or not
  588  crediting, such coverage if the insurer has sought to comply in
  589  good faith with applicable provisions of this section.
  590         (12)For purposes of subsection (9), any plan amendment
  591  made pursuant to a collective bargaining agreement relating to
  592  the plan which amends the plan solely to conform to any
  593  requirement of this section may not be treated as a termination
  594  of such collective bargaining agreement.
  595         (13)This section does not apply to any health insurance
  596  coverage in relation to its provision of excepted benefits
  597  described in paragraph (5)(b).
  598         (14)This section does not apply to any health insurance
  599  coverage in relation to its provision of excepted benefits
  600  described in paragraphs (5)(c), (d), or (e), if the benefits are
  601  provided under a separate policy, certificate, or contract of
  602  insurance.
  603         (15)This section applies to health insurance coverage
  604  offered, sold, issued, renewed, or in effect on or after July 1,
  605  1997.
  606         Section 15. Subsection (3) of section 627.6562, Florida
  607  Statutes, is amended to read:
  608         627.6562 Dependent coverage.—
  609         (3) If, pursuant to subsection (2), a child is provided
  610  coverage under the parent’s policy after the end of the calendar
  611  year in which the child reaches age 25 and coverage for the
  612  child is subsequently terminated, the child is not eligible to
  613  be covered under the parent’s policy unless the child was
  614  continuously covered by other creditable coverage without a gap
  615  in coverage of more than 63 days.
  616         (a) For the purposes of this subsection, the term
  617  “creditable coverage” means, with respect to an individual,
  618  coverage of the individual under any of the following: has the
  619  same meaning as provided in s. 627.6561(5).
  620         1.A group health plan, as defined in s. 2791 of the Public
  621  Health Service Act.
  622         2.Health insurance coverage consisting of medical care
  623  provided directly through insurance or reimbursement or
  624  otherwise, and including terms and services paid for as medical
  625  care, under any hospital or medical service policy or
  626  certificate, hospital or medical service plan contract, or
  627  health maintenance contract offered by a health insurance
  628  issuer.
  629         3.Part A or part B of Title XVIII of the Social Security
  630  Act.
  631         4.Title XIX of the Social Security Act, other than
  632  coverage consisting solely of benefits under s. 1928.
  633         5.Title 10 U.S.C. chapter 55.
  634         6.A medical care program of the Indian Health Service or
  635  of a tribal organization.
  636         7.The Florida Comprehensive Health Association or another
  637  state health benefit risk pool.
  638         8.A health plan offered under 5 U.S.C. chapter 89.
  639         9.A public health plan as defined by rules adopted by the
  640  commission. To the greatest extent possible, such rules must be
  641  consistent with regulations adopted by the United States
  642  Department of Health and Human Services.
  643         10.A health benefit plan under s. 5(e) of the Peace Corps
  644  Act, 22 U.S.C. s. 2504(e).
  645         (b)Creditable coverage does not include coverage that
  646  consists of one or more, or any combination thereof, of the
  647  following excepted benefits:
  648         1.Coverage only for accident insurance, or disability
  649  income insurance, or any combination thereof.
  650         2.Coverage issued as a supplement to liability insurance.
  651         3.Liability insurance, including general liability
  652  insurance and automobile liability insurance.
  653         4.Workers’ compensation or similar insurance.
  654         5.Automobile medical payment insurance.
  655         6.Credit-only insurance.
  656         7.Coverage for onsite medical clinics, including prepaid
  657  health clinics under part II of chapter 641.
  658         8.Other similar insurance coverage specified in rules
  659  adopted by the commission under which benefits for medical care
  660  are secondary or incidental to other insurance benefits. To the
  661  extent possible, such rules must be consistent with regulations
  662  adopted by the United States Department of Health and Human
  663  Services.
  664         (c)The following benefits are not subject to the
  665  creditable coverage requirements, if offered separately:
  666         1.Limited scope dental or vision benefits.
  667         2.Benefits for long-term care, nursing home care, home
  668  health care, community-based care, or any combination thereof.
  669         3.Other similar, limited benefits specified in rules
  670  adopted by the commission.
  671         (d)The following benefits are not subject to creditable
  672  coverage requirements if offered as independent, noncoordinated
  673  benefits:
  674         1.Coverage only for a specified disease or illness.
  675         2.Hospital indemnity or other fixed indemnity insurance.
  676         (e)Benefits provided through a Medicare supplemental
  677  health insurance policy, as defined under s. 1882(g)(1) of the
  678  Social Security Act, coverage supplemental to the coverage
  679  provided under 10 U.S.C. chapter 55, and similar supplemental
  680  coverage provided to coverage under a group health plan are not
  681  considered creditable coverage if offered as a separate
  682  insurance policy.
  683         Section 16. Subsection (1) of section 627.65626, Florida
  684  Statutes, is amended to read:
  685         627.65626 Insurance rebates for healthy lifestyles.—
  686         (1) Any rate, rating schedule, or rating manual for a
  687  health insurance policy that provides creditable coverage as
  688  defined in s. 627.6562(3) 627.6561(5) filed with the office
  689  shall provide for an appropriate rebate of premiums paid in the
  690  last policy year, contract year, or calendar year when the
  691  majority of members of a health plan have enrolled and
  692  maintained participation in any health wellness, maintenance, or
  693  improvement program offered by the group policyholder and health
  694  plan. The rebate may be based upon premiums paid in the last
  695  calendar year or policy year. The group must provide evidence of
  696  demonstrative maintenance or improvement of the enrollees’
  697  health status as determined by assessments of agreed-upon health
  698  status indicators between the policyholder and the health
  699  insurer, including, but not limited to, reduction in weight,
  700  body mass index, and smoking cessation. The group or health
  701  insurer may contract with a third-party administrator to
  702  assemble and report the health status required in this
  703  subsection between the policyholder and the health insurer. Any
  704  rebate provided by the health insurer is presumed to be
  705  appropriate unless credible data demonstrates otherwise, or
  706  unless the rebate program requires the insured to incur costs to
  707  qualify for the rebate which equal or exceed the value of the
  708  rebate, but the rebate may not exceed 10 percent of paid
  709  premiums.
  710         Section 17. Paragraphs (e) and (l) of subsection (3) and
  711  paragraph (d) of subsection (5) of section 627.6699, Florida
  712  Statutes, are amended to read:
  713         627.6699 Employee Health Care Access Act.—
  714         (3) DEFINITIONS.—As used in this section, the term:
  715         (e) “Creditable coverage” has the same meaning as provided
  716  ascribed in s. 627.6562(3) 627.6561.
  717         (l) “Late enrollee” means an eligible employee or dependent
  718  who, with respect to coverage under a group health policy, is a
  719  participant or beneficiary who enrolls under the policy other
  720  than during:
  721         1.The first period in which the individual is eligible to
  722  enroll under the policy.
  723         2.A special enrollment period, as provided under s.
  724  627.65615 as defined under s. 627.6561(1)(b).
  725         (5) AVAILABILITY OF COVERAGE.—
  726         (d) A health benefit plan covering small employers, issued
  727  or renewed on or after January 1, 1994, must comply with the
  728  following conditions:
  729         1. All health benefit plans must be offered and issued on a
  730  guaranteed-issue basis. Additional or increased benefits may
  731  only be offered by riders.
  732         2.Paragraph (c) applies to health benefit plans issued to
  733  a small employer who has two or more eligible employees and to
  734  health benefit plans that are issued to a small employer who has
  735  fewer than two eligible employees and that cover an employee who
  736  has had creditable coverage continually to a date not more than
  737  63 days before the effective date of the new coverage.
  738         2.3. For health benefit plans that are issued to a small
  739  employer who has fewer than two employees and that cover an
  740  employee who has not been continually covered by creditable
  741  coverage within 63 days before the effective date of the new
  742  coverage, preexisting condition provisions must not exclude
  743  coverage for a period beyond 24 months following the employee’s
  744  effective date of coverage and may relate only to:
  745         a. Conditions that, during the 24-month period immediately
  746  preceding the effective date of coverage, had manifested
  747  themselves in such a manner as would cause an ordinarily prudent
  748  person to seek medical advice, diagnosis, care, or treatment or
  749  for which medical advice, diagnosis, care, or treatment was
  750  recommended or received; or
  751         b. A pregnancy existing on the effective date of coverage.
  752         Section 18. Subsection (1) and paragraph (c) of subsection
  753  (2) of section 627.6741, Florida Statutes, are amended to read:
  754         627.6741 Issuance, cancellation, nonrenewal, and
  755  replacement.—
  756         (1)(a) An insurer issuing Medicare supplement policies in
  757  this state shall offer the opportunity of enrolling in a
  758  Medicare supplement policy, without conditioning the issuance or
  759  effectiveness of the policy on, and without discriminating in
  760  the price of the policy based on, the medical or health status
  761  or receipt of health care by the individual:
  762         1. To any individual who is 65 years of age or older, or
  763  under 65 years of age and eligible for Medicare by reason of
  764  disability or end-stage renal disease, and who resides in this
  765  state, upon the request of the individual during the 6-month
  766  period beginning with the first month in which the individual
  767  has attained 65 years of age and is enrolled in Medicare Part B,
  768  or is eligible for Medicare by reason of a disability or end
  769  stage renal disease, and is enrolled in Medicare Part B; or
  770         2. To any individual who is 65 years of age or older, or
  771  under 65 years of age and eligible for Medicare by reason of a
  772  disability or end-stage renal disease, who is enrolled in
  773  Medicare Part B, and who resides in this state, upon the request
  774  of the individual during the 2-month period following
  775  termination of coverage under a group health insurance policy.
  776         (b) The 6-month period to enroll in a Medicare supplement
  777  policy for an individual who is under 65 years of age and is
  778  eligible for Medicare by reason of disability or end-stage renal
  779  disease and otherwise eligible under subparagraph (a)1. or
  780  subparagraph (a)2. and first enrolled in Medicare Part B before
  781  October 1, 2009, begins on October 1, 2009.
  782         (c) A company that has offered Medicare supplement policies
  783  to individuals under 65 years of age who are eligible for
  784  Medicare by reason of disability or end-stage renal disease
  785  before October 1, 2009, may, for one time only, effect a rate
  786  schedule change that redefines the age bands of the premium
  787  classes without activating the period of discontinuance required
  788  by s. 627.410(6)(e)2.
  789         (d) As a part of an insurer’s rate filings, before and
  790  including the insurer’s first rate filing for a block of policy
  791  forms in 2015, notwithstanding the provisions of s.
  792  627.410(6)(e)3., an insurer shall consider the experience of the
  793  policies or certificates for the premium classes including
  794  individuals under 65 years of age and eligible for Medicare by
  795  reason of disability or end-stage renal disease separately from
  796  the balance of the block so as not to affect the other premium
  797  classes. For filings in such time period only, credibility of
  798  that experience shall be as follows: if a block of policy forms
  799  has 1,250 or more policies or certificates in force in the age
  800  band including ages under 65 years of age, full or 100-percent
  801  credibility shall be given to the experience; and if fewer than
  802  250 policies or certificates are in force, no or zero-percent
  803  credibility shall be given. Linear interpolation shall be used
  804  for in-force amounts between the low and high values. Florida
  805  only experience shall be used if it is 100-percent credible. If
  806  Florida-only experience is not 100-percent credible, a
  807  combination of Florida-only and nationwide experience shall be
  808  used. If Florida-only experience is zero-percent credible,
  809  nationwide experience shall be used. The insurer may file its
  810  initial rates and any rate adjustment based upon the experience
  811  of these policies or certificates or based upon expected claim
  812  experience using experience data of the same company, other
  813  companies in the same or other states, or using data publicly
  814  available from the Centers for Medicaid and Medicare Services if
  815  the insurer’s combined Florida and nationwide experience is not
  816  100-percent credible, separate from the balance of all other
  817  Medicare supplement policies.
  818  
  819  A Medicare supplement policy issued to an individual under
  820  subparagraph (a)1. or subparagraph (a)2. may not exclude
  821  benefits based on a preexisting condition if the individual has
  822  a continuous period of creditable coverage, as defined in s.
  823  627.6562(3) 627.6561(5), of at least 6 months as of the date of
  824  application for coverage.
  825         (2) For both individual and group Medicare supplement
  826  policies:
  827         (c) If a Medicare supplement policy or certificate replaces
  828  another Medicare supplement policy or certificate or creditable
  829  coverage as defined in s. 627.6562(3) 627.6561(5), the replacing
  830  insurer shall waive any time periods applicable to preexisting
  831  conditions, waiting periods, elimination periods, and
  832  probationary periods in the new Medicare supplement policy for
  833  similar benefits to the extent such time was spent under the
  834  original policy, subject to the requirements of s. 627.6561(6)
  835  (11).
  836         Section 19. Subsection (2) and paragraph (a) of subsection
  837  (40) of section 641.31, Florida Statutes, are amended to read:
  838         641.31 Health maintenance contracts.—
  839         (2) The rates charged by any health maintenance
  840  organization to its subscribers shall not be excessive,
  841  inadequate, or unfairly discriminatory or follow a rating
  842  methodology that is inconsistent, indeterminate, or ambiguous or
  843  encourages misrepresentation or misunderstanding. A law
  844  restricting or limiting deductibles, coinsurance, copayments, or
  845  annual or lifetime maximum payments shall not apply to any
  846  health maintenance organization contract that provides coverage
  847  as described in s. 641.31071(5)(a)2., offered or delivered to an
  848  individual or a group of 51 or more persons. The commission, in
  849  accordance with generally accepted actuarial practice as applied
  850  to health maintenance organizations, may define by rule what
  851  constitutes excessive, inadequate, or unfairly discriminatory
  852  rates and may require whatever information it deems necessary to
  853  determine that a rate or proposed rate meets the requirements of
  854  this subsection.
  855         (40)(a) Any group rate, rating schedule, or rating manual
  856  for a health maintenance organization policy, which provides
  857  creditable coverage as defined in s. 627.6562(3) 627.6561(5),
  858  filed with the office shall provide for an appropriate rebate of
  859  premiums paid in the last policy year, contract year, or
  860  calendar year when the majority of members of a health plan are
  861  enrolled in and have maintained participation in any health
  862  wellness, maintenance, or improvement program offered by the
  863  group contract holder. The group must provide evidence of
  864  demonstrative maintenance or improvement of his or her health
  865  status as determined by assessments of agreed-upon health status
  866  indicators between the group and the health insurer, including,
  867  but not limited to, reduction in weight, body mass index, and
  868  smoking cessation. Any rebate provided by the health maintenance
  869  organization is presumed to be appropriate unless credible data
  870  demonstrates otherwise, or unless the rebate program requires
  871  the insured to incur costs to qualify for the rebate which
  872  equals or exceeds the value of the rebate but the rebate may not
  873  exceed 10 percent of paid premiums.
  874         Section 20. Section 641.31071, Florida Statutes, is amended
  875  to read:
  876         641.31071 Preexisting conditions.—
  877         (1) As used in this section, the term:
  878         (a) “Enrollment date” means, with respect to an individual
  879  covered under a group health maintenance organization contract,
  880  the date of enrollment of the individual in the plan or coverage
  881  or, if earlier, the first day of the waiting period of such
  882  enrollment.
  883         (b) “Late enrollee” means, with respect to coverage under a
  884  group health maintenance organization contract, a participant or
  885  beneficiary who enrolls under the contract other than during:
  886         1. The first period in which the individual is eligible to
  887  enroll under the plan.
  888         2. A special enrollment period, as provided under s.
  889  641.31072.
  890         (c) “Waiting period” means, with respect to a group health
  891  maintenance organization contract and an individual who is a
  892  potential participant or beneficiary under the contract, the
  893  period that must pass with respect to the individual before the
  894  individual is eligible to be covered for benefits under the
  895  terms of the contract.
  896         (2) Subject to the exceptions specified in subsection (4),
  897  a health maintenance organization that offers group coverage,
  898  may, with respect to a participant or beneficiary, impose a
  899  preexisting condition exclusion only if:
  900         (a) Such exclusion relates to a physical or mental
  901  condition, regardless of the cause of the condition, for which
  902  medical advice, diagnosis, care, or treatment was recommended or
  903  received within the 6-month period ending on the enrollment
  904  date;
  905         (b) Such exclusion extends for a period of not more than 12
  906  months, or 18 months in the case of a late enrollee, after the
  907  enrollment date; and
  908         (c) The period of any such preexisting condition exclusion
  909  is reduced by the aggregate of the periods of creditable
  910  coverage, as defined in s. 627.6562(3) subsection (5),
  911  applicable to the participant or beneficiary as of the
  912  enrollment date.
  913         (3) Genetic information shall not be treated as a condition
  914  described in paragraph (2)(a) in the absence of a diagnosis of
  915  the condition related to such information.
  916         (4)(a) Subject to paragraph (b), a health maintenance
  917  organization that offers group coverage may not impose any
  918  preexisting condition exclusion in the case of:
  919         1. An individual who, as of the last day of the 30-day
  920  period beginning with the date of birth, is covered under
  921  creditable coverage.
  922         2. A child who is adopted or placed for adoption before
  923  attaining 18 years of age and who, as of the last day of the 30
  924  day period beginning on the date of the adoption or placement
  925  for adoption, is covered under creditable coverage. This
  926  provision shall not apply to coverage before the date of such
  927  adoption or placement for adoption.
  928         3. Pregnancy.
  929         (b) Subparagraphs (a)1. and 2. do not apply to an
  930  individual after the end of the first 63-day period during all
  931  of which the individual was not covered under any creditable
  932  coverage.
  933         (5)(a)The term “creditable coverage” means, with respect
  934  to an individual, coverage of the individual under any of the
  935  following:
  936         1.A group health plan, as defined in s. 2791 of the Public
  937  Health Service Act.
  938         2.Health insurance coverage consisting of medical care,
  939  provided directly, through insurance or reimbursement or
  940  otherwise, and including terms and services paid for as medical
  941  care, under any hospital or medical service policy or
  942  certificate, hospital or medical service plan contract, or
  943  health maintenance contract offered by a health insurance
  944  issuer.
  945         3.Part A or part B of Title XVIII of the Social Security
  946  Act.
  947         4.Title XIX of the Social Security Act, other than
  948  coverage consisting solely of benefits under s. 1928.
  949         5.Chapter 55 of Title 10, United States Code.
  950         6.A medical care program of the Indian Health Service or
  951  of a tribal organization.
  952         7.The Florida Comprehensive Health Association or another
  953  state health benefit risk pool.
  954         8.A health plan offered under chapter 89 of Title 5,
  955  United States Code.
  956         9.A public health plan as defined by rule of the
  957  commission. To the greatest extent possible, such rules must be
  958  consistent with regulations adopted by the United States
  959  Department of Health and Human Services.
  960         10.A health benefit plan under s. 5(e) of the Peace Corps
  961  Act (22 U.S.C. s. 2504(e)).
  962         (b)Creditable coverage does not include coverage that
  963  consists solely of one or more or any combination thereof of the
  964  following excepted benefits:
  965         1.Coverage only for accident, or disability income
  966  insurance, or any combination thereof.
  967         2.Coverage issued as a supplement to liability insurance.
  968         3.Liability insurance, including general liability
  969  insurance and automobile liability insurance.
  970         4.Workers’ compensation or similar insurance.
  971         5.Automobile medical payment insurance.
  972         6.Credit-only insurance.
  973         7.Coverage for onsite medical clinics.
  974         8.Other similar insurance coverage, specified in rules
  975  adopted by the commission, under which benefits for medical care
  976  are secondary or incidental to other insurance benefits. To the
  977  greatest extent possible, such rules must be consistent with
  978  regulations adopted by the United States Department of Health
  979  and Human Services.
  980         (c)The following benefits are not subject to the
  981  creditable coverage requirements, if offered separately;
  982         1.Limited scope dental or vision benefits.
  983         2.Benefits or long-term care, nursing home care, home
  984  health care, community-based care, or any combination of these.
  985         3.Such other similar, limited benefits as are specified in
  986  rules adopted by the commission. To the greatest extent
  987  possible, such rules must be consistent with regulations adopted
  988  by the United States Department of Health and Human Services.
  989         (d)The following benefits are not subject to creditable
  990  coverage requirements if offered as independent, noncoordinated
  991  benefits:
  992         1.Coverage only for a specified disease or illness.
  993         2.Hospital indemnity or other fixed indemnity insurance.
  994         (e)Benefits provided through Medicare supplemental health
  995  insurance, as defined under s. 1882(g)(1) of the Social Security
  996  Act, coverage supplemental to the coverage provided under
  997  chapter 55 of Title 10, United States Code, and similar
  998  supplemental coverage provided to coverage under a group health
  999  plan are not considered creditable coverage if offered as a
 1000  separate insurance policy.
 1001         (6)(a)A period of creditable coverage may not be counted,
 1002  with respect to enrollment of an individual under a group health
 1003  maintenance organization contract, if, after such period and
 1004  before the enrollment date, there was a 63-day period during all
 1005  of which the individual was not covered under any creditable
 1006  coverage.
 1007         (b)Any period during which an individual is in a waiting
 1008  period, or in an affiliation period as defined in subsection
 1009  (9), for any coverage under a group health maintenance
 1010  organization contract may not be taken into account in
 1011  determining the 63-day period under paragraph (a) or paragraph
 1012  (4)(b).
 1013         (7)(a)Except as otherwise provided under paragraph (b), a
 1014  health maintenance organization shall count a period of
 1015  creditable coverage without regard to the specific benefits
 1016  covered under the period.
 1017         (b)A health maintenance organization may elect to count as
 1018  creditable coverage, coverage of benefits within each of several
 1019  classes or categories of benefits specified in rules adopted by
 1020  the commission rather than as provided under paragraph (a). Such
 1021  election shall be made on a uniform basis for all participants
 1022  and beneficiaries. Under such election, a health maintenance
 1023  organization shall count a period of creditable coverage with
 1024  respect to any class or category of benefits if any level of
 1025  benefits is covered within such class or category.
 1026         (c)In the case of an election with respect to a health
 1027  maintenance organization under paragraph (b), the organization
 1028  shall:
 1029         1.Prominently state in 10-point type or larger in any
 1030  disclosure statements concerning the contract, and state to each
 1031  enrollee at the time of enrollment under the contract, that the
 1032  organization has made such election; and
 1033         2.Include in such statements a description of the effect
 1034  of this election.
 1035         (8)(a)Periods of creditable coverage with respect to an
 1036  individual shall be established through presentation of
 1037  certifications described in this subsection or in such other
 1038  manner as may be specified in rules adopted by the commission.
 1039         (b)A health maintenance organization that offers group
 1040  coverage shall provide the certification described in paragraph
 1041  (a):
 1042         1.At the time an individual ceases to be covered under the
 1043  plan or otherwise becomes covered under a COBRA continuation
 1044  provision or continuation pursuant to s. 627.6692.
 1045         2.In the case of an individual becoming covered under a
 1046  COBRA continuation provision or pursuant to s. 627.6692, at the
 1047  time the individual ceases to be covered under such a provision.
 1048         3.Upon the request on behalf of an individual made not
 1049  later than 24 months after the date of cessation of the coverage
 1050  described in this paragraph.
 1051  
 1052  The certification under subparagraph 1. may be provided, to the
 1053  extent practicable, at a time consistent with notices required
 1054  under any applicable COBRA continuation provision or
 1055  continuation pursuant to s. 627.6692.
 1056         (c)The certification is a written certification of:
 1057         1.The period of creditable coverage of the individual
 1058  under the contract and the coverage, if any, under such COBRA
 1059  continuation provision or continuation pursuant to s. 627.6692;
 1060  and
 1061         2.The waiting period, if any, imposed with respect to the
 1062  individual for any coverage under such contract.
 1063         (d)In the case of an election described in subsection (7)
 1064  by a health maintenance organization, if the organization
 1065  enrolls an individual for coverage under the plan and the
 1066  individual provides a certification of coverage of the
 1067  individual, as provided by this subsection:
 1068         1.Upon request of such health maintenance organization,
 1069  the insurer or health maintenance organization that issued the
 1070  certification provided by the individual shall promptly disclose
 1071  to such requesting organization information on coverage of
 1072  classes and categories of health benefits available under such
 1073  insurer’s or health maintenance organization’s plan or coverage.
 1074         2.Such insurer or health maintenance organization may
 1075  charge the requesting organization for the reasonable cost of
 1076  disclosing such information.
 1077         (e)The commission shall adopt rules to prevent an
 1078  insurer’s or health maintenance organization’s failure to
 1079  provide information under this subsection with respect to
 1080  previous coverage of an individual from adversely affecting any
 1081  subsequent coverage of the individual under another group health
 1082  plan or health maintenance organization coverage.
 1083         (9)(a)A health maintenance organization may provide for an
 1084  affiliation period with respect to coverage through the
 1085  organization only if:
 1086         1.No preexisting condition exclusion is imposed with
 1087  respect to coverage through the organization;
 1088         2.The period is applied uniformly without regard to any
 1089  health-status-related factors; and
 1090         3.Such period does not exceed 2 months or 3 months in the
 1091  case of a late enrollee.
 1092         (b)For the purposes of this section, the term “affiliation
 1093  period” means a period that, under the terms of the coverage
 1094  offered by the health maintenance organization, must expire
 1095  before the coverage becomes effective. The organization is not
 1096  required to provide health care services or benefits during such
 1097  period, and no premium may be charged to the participant or
 1098  beneficiary for any coverage during the period. Such period
 1099  begins on the enrollment date and runs concurrently with any
 1100  waiting period under the plan.
 1101         (c)As an alternative to the method authorized by paragraph
 1102  (a), a health maintenance organization may address adverse
 1103  selection in a method approved by the office.
 1104         (10)(a)Except as provided in paragraph (b), no period
 1105  before July 1, 1996, shall be taken into account in determining
 1106  creditable coverage.
 1107         (b)The commission shall adopt rules that provide a process
 1108  whereby individuals who need to establish creditable coverage
 1109  for periods before July 1, 1996, and who would have such
 1110  coverage credited but for paragraph (a), may be given credit for
 1111  creditable coverage for such periods through the presentation of
 1112  documents or other means.
 1113         (11)Except as otherwise provided in this subsection, the
 1114  requirements of paragraph (8)(b) shall apply to events that
 1115  occur on or after July 1, 1996.
 1116         (a)In no case is a certification required to be provided
 1117  under paragraph (8)(b) prior to June 1, 1997.
 1118         (b)In the case of an event that occurs on or after July 1,
 1119  1996, and before October 1, 1996, a certification is not
 1120  required to be provided under paragraph (8)(b), unless an
 1121  individual, with respect to whom the certification is required
 1122  to be made, requests such certification in writing.
 1123         (12)In the case of an individual who seeks to establish
 1124  creditable coverage for any period for which certification is
 1125  not required because it relates to an event occurring before
 1126  July 1, 1996:
 1127         (a)The individual may present other creditable coverage in
 1128  order to establish the period of creditable coverage.
 1129         (b)A health maintenance organization is not subject to any
 1130  penalty or enforcement action with respect to the organization’s
 1131  crediting, or not crediting, such coverage if the organization
 1132  has sought to comply in good faith with applicable provisions of
 1133  this section.
 1134         (13)For purposes of subsection (10), any plan amendment
 1135  made pursuant to a collective bargaining agreement relating to
 1136  the plan which amends the plan solely to conform to any
 1137  requirement of this section may not be treated as a termination
 1138  of such collective bargaining agreement.
 1139         Section 21. Subsections (1), (3), and (4) of section
 1140  641.31074, Florida Statutes, are amended to read:
 1141         641.31074 Guaranteed renewability of coverage.—
 1142         (1) Except as otherwise provided in this section, a health
 1143  maintenance organization that issues a group health insurance
 1144  contract must renew or continue in force such coverage at the
 1145  option of the contract holder.
 1146         (3)(a) A health maintenance organization may discontinue
 1147  offering a particular contract form for group coverage offered
 1148  in the small group market or large group market only if:
 1149         1. The health maintenance organization provides notice to
 1150  each contract holder provided coverage of this form in such
 1151  market, and participants and beneficiaries covered under such
 1152  coverage, of such discontinuation at least 90 days prior to the
 1153  date of the nonrenewal of such coverage;
 1154         2. The health maintenance organization offers to each
 1155  contract holder provided coverage of this form in such market
 1156  the option to purchase all, or in the case of the large group
 1157  market, any other health insurance coverage currently being
 1158  offered by the health maintenance organization in such market;
 1159  and
 1160         3. In exercising the option to discontinue coverage of this
 1161  form and in offering the option of coverage under subparagraph
 1162  2., the health maintenance organization acts uniformly without
 1163  regard to the claims experience of those contract holders or any
 1164  health-status-related factor that relates to any participants or
 1165  beneficiaries covered or new participants or beneficiaries who
 1166  may become eligible for such coverage.
 1167         (b)1. In any case in which a health maintenance
 1168  organization elects to discontinue offering all coverage in the
 1169  individual market, the small group market, or the large group
 1170  market, or any combination thereof both, in this state, coverage
 1171  may be discontinued by the insurer only if:
 1172         a. The health maintenance organization provides notice to
 1173  the office and to each contract holder, and participants and
 1174  beneficiaries covered under such coverage, of such
 1175  discontinuation at least 180 days prior to the date of the
 1176  nonrenewal of such coverage; and
 1177         b. All health insurance issued or delivered for issuance in
 1178  this state in such market is discontinued and coverage under
 1179  such health insurance coverage in such market is not renewed.
 1180         2. In the case of a discontinuation under subparagraph 1.
 1181  in a market, the health maintenance organization may not provide
 1182  for the issuance of any health maintenance organization contract
 1183  coverage in the market in this state during the 5-year period
 1184  beginning on the date of the discontinuation of the last
 1185  insurance contract not renewed.
 1186         (4) At the time of coverage renewal, a health maintenance
 1187  organization may modify the coverage for a product offered:
 1188         (a) In the large group market; or
 1189         (b) In the small group market if, for coverage that is
 1190  available in such market other than only through one or more
 1191  bona fide associations, as defined in s. 627.6571(5), such
 1192  modification is consistent with s. 627.6699 and effective on a
 1193  uniform basis among group health plans with that product; or
 1194         (c)In the individual market if the modification is
 1195  consistent with the laws of this state and effective on a
 1196  uniform basis among all individuals with that policy form.
 1197         Section 22. Section 641.312, Florida Statutes, is amended
 1198  to read:
 1199         641.312 Scope.—The Office of Insurance Regulation may adopt
 1200  rules to administer the provisions of the National Association
 1201  of Insurance Commissioners’ Uniform Health Carrier External
 1202  Review Model Act, issued by the National Association of
 1203  Insurance Commissioners and dated April 2010. This section does
 1204  not apply to a health maintenance contract that is subject to
 1205  the Subscriber Assistance Program under s. 408.7056 or to the
 1206  types of benefits or coverages provided under s. 627.6513(1)
 1207  (14) s. 627.6561(5)(b)-(e) issued in any market.
 1208         Section 23. This act shall take effect July 1, 2016.