Florida Senate - 2016                             CS for SB 1170
       
       
        
       By the Committee on Banking and Insurance; and Senator Detert
       
       597-02615-16                                          20161170c1
    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; repealing s. 627.6561,
   30         F.S., relating to preexisting conditions; amending s.
   31         627.6562, F.S.; redefining the term “creditable
   32         coverage”; providing exceptions and applicability;
   33         amending s. 627.65626, F.S.; conforming a cross
   34         reference; amending s. 627.6699, F.S.; redefining
   35         terms; deleting a provision that requires a certain
   36         health benefit plan to comply with specified
   37         preexisting condition provisions; conforming
   38         provisions to changes made by the act; amending s.
   39         627.6741, F.S.; conforming cross-references;
   40         conforming a provision to changes made by the act;
   41         amending s. 641.185, F.S.; revising certain standards
   42         to remove requirements for a health maintenance
   43         organization to provide specified coverage for
   44         preexisting conditions; conforming provisions to
   45         changes made by the act; amending s. 641.31, F.S.;
   46         deleting a provision specifying that a law restricting
   47         or limiting deductibles, coinsurance, copayments, or
   48         annual or lifetime maximum payments may not apply to a
   49         certain health maintenance organization contract;
   50         conforming a cross-reference; repealing s. 641.31071,
   51         F.S., relating to preexisting conditions; amending s.
   52         641.3111, F.S.; deleting a provision specifying that a
   53         subscriber is not entitled to an extension of benefits
   54         under certain circumstances after termination of a
   55         group health maintenance contract; amending s.
   56         641.312, F.S.; conforming a cross-reference; providing
   57         an effective date.
   58          
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Paragraph (d) of subsection (2) of section
   62  408.909, Florida Statutes, is amended to read:
   63         408.909 Health flex plans.—
   64         (2) DEFINITIONS.—As used in this section, the term:
   65         (d) “Health care coverage” or “health flex plan coverage”
   66  means health care services that are covered as benefits under an
   67  approved health flex plan or that are otherwise provided, either
   68  directly or through arrangements with other persons, via a
   69  health flex plan on a prepaid per capita basis or on a prepaid
   70  aggregate fixed-sum basis. The terms may also include one or
   71  more of the excepted benefits under s. 627.6513(1)-(13) s.
   72  627.6561(5)(b), the benefits under s. 627.6561(5)(c), if offered
   73  separately, or the benefits under s. 627.6561(5)(d), if offered
   74  as independent, noncoordinated benefits.
   75         Section 2. Section 409.817, Florida Statutes, is amended to
   76  read:
   77         409.817 Approval of health benefits coverage; financial
   78  assistance.—In order for health insurance coverage to qualify
   79  for premium assistance payments for an eligible child under ss.
   80  409.810-409.821, the health benefits coverage must:
   81         (1) Be certified by the Office of Insurance Regulation of
   82  the Financial Services Commission under s. 409.818 as meeting,
   83  exceeding, or being actuarially equivalent to the benchmark
   84  benefit plan;
   85         (2) Be guarantee issued;
   86         (3) Be community rated;
   87         (4) Not impose any preexisting condition exclusion for
   88  covered benefits; however, group health insurance plans may
   89  permit the imposition of a preexisting condition exclusion, but
   90  only insofar as it is permitted under s. 627.6561;
   91         (5) Comply with the applicable limitations on premiums and
   92  cost sharing in s. 409.816;
   93         (6) Comply with the quality assurance and access standards
   94  developed under s. 409.820; and
   95         (7) Establish periodic open enrollment periods, which may
   96  not occur more frequently than quarterly.
   97         Section 3. Paragraph (b) of subsection (1) of section
   98  624.123, Florida Statutes, is amended to read:
   99         624.123 Certain international health insurance policies;
  100  exemption from code.—
  101         (1) International health insurance policies and
  102  applications may be solicited and sold in this state at any
  103  international airport to a resident of a foreign country. Such
  104  international health insurance policies shall be solicited and
  105  sold only by a licensed health insurance agent and underwritten
  106  only by an admitted insurer. For purposes of this subsection:
  107         (b) “International health insurance policy” means health
  108  insurance, as provided defined in s. 627.6562(3)(a)2. s.
  109  627.6561(5)(a)2., which is offered to an individual, covering
  110  only a resident of a foreign country on an annual basis.
  111         Section 4. Subsection (2) of section 627.402, Florida
  112  Statutes, is amended to read:
  113         627.402 Definitions.—As used in this part, the term:
  114         (2) “Nongrandfathered health plan” is a health insurance
  115  policy or health maintenance organization contract that is not a
  116  grandfathered health plan and does not provide the benefits or
  117  coverages specified under s. 627.6513(1)-(14) s. 627.6561(5)(b)
  118  (e).
  119         Section 5. Subsection (3) of section 627.411, Florida
  120  Statutes, is amended to read:
  121         627.411 Grounds for disapproval.—
  122         (3)(a) For health insurance coverage as described in s.
  123  627.6561(5)(a)2., the minimum loss ratio standard of incurred
  124  claims to earned premium for the form shall be 65 percent.
  125         (b) Incurred claims are claims occurring within a fixed
  126  period, whether or not paid during the same period, under the
  127  terms of the policy period.
  128         1. Claims include scheduled benefit payments or services
  129  provided by a provider or through a provider network for dental,
  130  vision, disability, and similar health benefits.
  131         2. Claims do not include state assessments, taxes, company
  132  expenses, or any expense incurred by the company for the cost of
  133  adjusting and settling a claim, including the review,
  134  qualification, oversight, management, or monitoring of a claim
  135  or incentives or compensation to providers for other than the
  136  provisions of health care services.
  137         3. A company may at its discretion include costs that are
  138  demonstrated to reduce claims, such as fraud intervention
  139  programs or case management costs, which are identified in each
  140  filing, are demonstrated to reduce claims costs, and do not
  141  result in increasing the experience period loss ratio by more
  142  than 5 percent.
  143         4. For scheduled claim payments, such as disability income
  144  or long-term care, the incurred claims shall be the present
  145  value of the benefit payments discounted for continuance and
  146  interest.
  147         Section 6. Section 627.6011, Florida Statutes, is amended
  148  to read:
  149         627.6011 Mandated coverages.—Mandatory health benefits
  150  regulated under this chapter are not intended to apply to the
  151  types of health benefit plans listed in s. 627.6513(1)-(14) s.
  152  627.6561(5)(b)-(e), issued in any market, unless specifically
  153  designated otherwise. For purposes of this section, the term
  154  “mandatory health benefits” means those benefits set forth in
  155  ss. 627.6401-627.64193, and any other mandatory treatment or
  156  health coverages or benefits enacted on or after July 1, 2012.
  157         Section 7. Paragraph (h) of subsection (1) of section
  158  627.602, Florida Statutes, is amended to read:
  159         627.602 Scope, format of policy.—
  160         (1) Each health insurance policy delivered or issued for
  161  delivery to any person in this state must comply with all
  162  applicable provisions of this code and all of the following
  163  requirements:
  164         (h) Section 641.312 and the provisions of the Employee
  165  Retirement Income Security Act of 1974, as implemented by 29
  166  C.F.R. s. 2560.503-1, relating to internal grievances. This
  167  paragraph does not apply to a health insurance policy that is
  168  subject to the Subscriber Assistance Program under s. 408.7056
  169  or to the types of benefits or coverages provided under s.
  170  627.6513(1)-(14) s. 627.6561(5)(b)-(e) issued in any market.
  171         Section 8. Subsection (1) of section 627.642, Florida
  172  Statutes, is amended to read:
  173         627.642 Outline of coverage.—
  174         (1) A policy offering benefits defined in s. 627.6513(1)
  175  (14) or a large group no individual or family accident and
  176  health insurance policy may not shall be delivered, or issued
  177  for delivery, in this state unless:
  178         (a) It is accompanied by an appropriate outline of
  179  coverage; or
  180         (b) An appropriate outline of coverage is completed and
  181  delivered to the applicant at the time application is made, and
  182  an acknowledgment of receipt or certificate of delivery of such
  183  outline is provided to the insurer with the application.
  184  
  185  In the case of a direct response, such as a written application
  186  to the insurance company from an applicant, the outline of
  187  coverage shall accompany the policy when issued.
  188         Section 9. Subsections (1), (6), and (7) of section
  189  627.6425, Florida Statutes, are amended, to read:
  190         627.6425 Renewability of individual coverage.—
  191         (1) Except as otherwise provided in this section, an
  192  insurer that provides individual health insurance coverage to an
  193  individual shall renew or continue in force such coverage at the
  194  option of the individual. For the purpose of this section, the
  195  term “individual health insurance” means health insurance
  196  coverage, as described in s. 624.603 s. 627.6561(5)(a)2.,
  197  offered to an individual in this state, including certificates
  198  of coverage offered to individuals in this state as part of a
  199  group policy issued to an association outside this state, but
  200  the term does not include short-term limited duration insurance
  201  or excepted benefits specified in s. 627.6513(1)-(14) subsection
  202  (6) or subsection (7).
  203         (6) The requirements of this section do not apply to any
  204  health insurance coverage in relation to its provision of
  205  excepted benefits described in s. 627.6561(5)(b).
  206         (7) The requirements of this section do not apply to any
  207  health insurance coverage in relation to its provision of
  208  excepted benefits described in s. 627.6561(5)(c), (d), or (e),
  209  if the benefits are provided under a separate policy,
  210  certificate, or contract of insurance.
  211         Section 10. Paragraph (b) of subsection (2) and subsection
  212  (3) of section 627.6487, Florida Statutes, are amended to read:
  213         627.6487 Guaranteed availability of individual health
  214  insurance coverage to eligible individuals.—
  215         (2) For the purposes of this section:
  216         (b) “Individual health insurance” means health insurance,
  217  as defined in s. 624.603 s. 627.6561(5)(a)2., which is offered
  218  to an individual, including certificates of coverage offered to
  219  individuals in this state as part of a group policy issued to an
  220  association outside this state, but the term does not include
  221  short-term limited duration insurance or excepted benefits
  222  specified in s. 627.6513(1)-(14) s. 627.6561(5)(b) or, if the
  223  benefits are provided under a separate policy, certificate, or
  224  contract, the term does not include excepted benefits specified
  225  in s. 627.6561(5)(c), (d), or (e).
  226         (3) For the purposes of this section, the term “eligible
  227  individual” means an individual:
  228         (a)1. For whom, as of the date on which the individual
  229  seeks coverage under this section, the aggregate of the periods
  230  of creditable coverage, as defined in s. 627.6562(3) s.
  231  627.6561(5) and (6), is 18 or more months; and
  232         2.a. Whose most recent prior creditable coverage was under
  233  a group health plan, governmental plan, or church plan, or
  234  health insurance coverage offered in connection with any such
  235  plan; or
  236         b. Whose most recent prior creditable coverage was under an
  237  individual plan issued in this state by a health insurer or
  238  health maintenance organization, which coverage is terminated
  239  due to the insurer or health maintenance organization becoming
  240  insolvent or discontinuing the offering of all individual
  241  coverage in the State of Florida, or due to the insured no
  242  longer living in the service area in the State of Florida of the
  243  insurer or health maintenance organization that provides
  244  coverage through a network plan in the State of Florida;
  245         (b) Who is not eligible for coverage under:
  246         1. A group health plan, as defined in s. 2791 of the Public
  247  Health Service Act;
  248         2. A conversion policy or contract issued by an authorized
  249  insurer or health maintenance organization under s. 627.6675 or
  250  s. 641.3921, respectively, offered to an individual who is no
  251  longer eligible for coverage under either an insured or self
  252  insured employer plan;
  253         3. Part A or part B of Title XVIII of the Social Security
  254  Act; or
  255         4. A state plan under Title XIX of such act, or any
  256  successor program, and does not have other health insurance
  257  coverage;
  258         (c) With respect to whom the most recent coverage within
  259  the coverage period described in paragraph (a) was not
  260  terminated based on a factor described in s. 627.6571(2)(a) or
  261  (b), relating to nonpayment of premiums or fraud, unless such
  262  nonpayment of premiums or fraud was due to acts of an employer
  263  or person other than the individual;
  264         (d) Who, having been offered the option of continuation
  265  coverage under a COBRA continuation provision or under s.
  266  627.6692, elected such coverage; and
  267         (e) Who, if the individual elected such continuation
  268  provision, has exhausted such continuation coverage under such
  269  provision or program.
  270         Section 11. Section 627.64871, Florida Statutes, is
  271  repealed.
  272         Section 12. Section 627.6512, Florida Statutes, is amended
  273  to read:
  274         627.6512 Exemption of certain group health insurance
  275  policies.—Sections 627.6561, 627.65615, 627.65625, and 627.6571
  276  do not apply to:
  277         (1) any group insurance policy in relation to its provision
  278  of excepted benefits described in s. 627.6513(1)-(14) s.
  279  627.6561(5)(b).
  280         (2) Any group health insurance policy in relation to its
  281  provision of excepted benefits described in s. 627.6561(5)(c),
  282  if the benefits:
  283         (a) Are provided under a separate policy, certificate, or
  284  contract of insurance; or
  285         (b) Are otherwise not an integral part of the policy.
  286         (3) Any group health insurance policy in relation to its
  287  provision of excepted benefits described in s. 627.6561(5)(d),
  288  if all of the following conditions are met:
  289         (a) The benefits are provided under a separate policy,
  290  certificate, or contract of insurance;
  291         (b) There is no coordination between the provision of such
  292  benefits and any exclusion of benefits under any group policy
  293  maintained by the same policyholder; and
  294         (c) Such benefits are paid with respect to an event without
  295  regard to whether benefits are provided with respect to such an
  296  event under any group health policy maintained by the same
  297  policyholder.
  298         (4) Any group health policy in relation to its provision of
  299  excepted benefits described in s. 627.6561(5)(e), if the
  300  benefits are provided under a separate policy, certificate, or
  301  contract of insurance.
  302         Section 13. Section 627.6513, Florida Statutes, is amended
  303  to read:
  304         627.6513 Scope.—Section 641.312 and the provisions of the
  305  Employee Retirement Income Security Act of 1974, as implemented
  306  by 29 C.F.R. s. 2560.503-1, relating to internal grievances,
  307  apply to all group health insurance policies issued under this
  308  part. This section does not apply to a group health insurance
  309  policy that is subject to the Subscriber Assistance Program in
  310  s. 408.7056 or to: the types of benefits or coverages provided
  311  under s. 627.6561(5)(b)-(e) issued in any market.
  312         (1) Coverage only for accident insurance or disability
  313  income insurance, or any combination thereof.
  314         (2) Coverage issued as a supplement to liability insurance.
  315         (3) Liability insurance, including general liability
  316  insurance and automobile liability insurance.
  317         (4) Workers’ compensation or similar insurance.
  318         (5) Automobile medical payment insurance.
  319         (6) Credit-only insurance.
  320         (7) Coverage for onsite medical clinics, including prepaid
  321  health clinics under part II of chapter 641.
  322         (8)Other similar insurance coverage, specified in rules
  323  adopted by the commission, under which benefits for medical care
  324  are secondary or incidental to other insurance benefits. To the
  325  extent possible, such rules must be consistent with regulations
  326  adopted by the United States Department of Health and Human
  327  Services.
  328         (9) Limited scope dental or vision benefits, if offered
  329  separately.
  330         (10) Benefits for long-term care, nursing home care, home
  331  health care, or community-based care, or any combination
  332  thereof, if offered separately.
  333         (11) Other similar limited benefits, if offered separately,
  334  as specified in rules adopted by the commission.
  335         (12) Coverage only for a specified disease or illness, if
  336  offered as independent, noncoordinated benefits.
  337         (13) Hospital indemnity or other fixed indemnity insurance,
  338  if offered as independent, noncoordinated benefits.
  339         (14) Benefits provided through a Medicare supplemental
  340  health insurance policy, as defined under s. 1882(g)(1) of the
  341  Social Security Act, coverage supplemental to the coverage
  342  provided under 10 U.S.C. chapter 55, and similar supplemental
  343  coverage provided to coverage under a group health plan, which
  344  are offered as a separate insurance policy and as independent,
  345  noncoordinated benefits.
  346         Section 14. Section 627.6561, Florida Statutes, is
  347  repealed.
  348         Section 15. Subsection (3) of section 627.6562, Florida
  349  Statutes, is amended to read:
  350         627.6562 Dependent coverage.—
  351         (3) If, pursuant to subsection (2), a child is provided
  352  coverage under the parent’s policy after the end of the calendar
  353  year in which the child reaches age 25 and coverage for the
  354  child is subsequently terminated, the child is not eligible to
  355  be covered under the parent’s policy unless the child was
  356  continuously covered by other creditable coverage without a gap
  357  in coverage of more than 63 days.
  358         (a) For the purposes of this subsection, the term
  359  “creditable coverage” means, with respect to an individual,
  360  coverage of the individual under any of the following: has the
  361  same meaning as provided in s. 627.6561(5).
  362         1. A group health plan, as defined in s. 2791 of the Public
  363  Health Service Act.
  364         2. Health insurance coverage consisting of medical care
  365  provided directly through insurance or reimbursement or
  366  otherwise, and including terms and services paid for as medical
  367  care, under any hospital or medical service policy or
  368  certificate, hospital or medical service plan contract, or
  369  health maintenance contract offered by a health insurance
  370  issuer.
  371         3. Part A or part B of Title XVIII of the Social Security
  372  Act.
  373         4. Title XIX of the Social Security Act, other than
  374  coverage consisting solely of benefits under s. 1928.
  375         5. 10 U.S.C. chapter 55.
  376         6. A medical care program of the Indian Health Service or
  377  of a tribal organization.
  378         7. The Florida Comprehensive Health Association or another
  379  state health benefit risk pool.
  380         8. A health plan offered under 5 U.S.C. chapter 89.
  381         9. A public health plan as defined by rules adopted by the
  382  commission. To the greatest extent possible, such rules must be
  383  consistent with regulations adopted by the United States
  384  Department of Health and Human Services.
  385         10. A health benefit plan under s. 5(e) of the Peace Corps
  386  Act, 22 U.S.C. s. 2504(e).
  387         (b) Creditable coverage does not include coverage that
  388  consists of one or more, or any combination thereof, of the
  389  following excepted benefits:
  390         1. Coverage only for accident insurance or disability
  391  income insurance, or any combination thereof.
  392         2. Coverage issued as a supplement to liability insurance.
  393         3. Liability insurance, including general liability
  394  insurance and automobile liability insurance.
  395         4. Workers’ compensation or similar insurance.
  396         5. Automobile medical payment insurance.
  397         6. Credit-only insurance.
  398         7. Coverage for onsite medical clinics, including prepaid
  399  health clinics under part II of chapter 641.
  400         8. Other similar insurance coverage specified in rules
  401  adopted by the commission under which benefits for medical care
  402  are secondary or incidental to other insurance benefits. To the
  403  extent possible, such rules must be consistent with regulations
  404  adopted by the United States Department of Health and Human
  405  Services.
  406         (c) The following benefits are not subject to the
  407  creditable coverage requirements, if offered separately:
  408         1. Limited scope dental or vision benefits.
  409         2. Benefits for long-term care, nursing home care, home
  410  health care, or community-based care, or any combination
  411  thereof.
  412         3. Other similar, limited benefits specified in rules
  413  adopted by the commission.
  414         (d) The following benefits are not subject to creditable
  415  coverage requirements if offered as independent, noncoordinated
  416  benefits:
  417         1. Coverage only for a specified disease or illness.
  418         2. Hospital indemnity or other fixed indemnity insurance.
  419         (e) Benefits provided through a Medicare supplemental
  420  health insurance policy, as defined under s. 1882(g)(1) of the
  421  Social Security Act, coverage supplemental to the coverage
  422  provided under 10 U.S.C. chapter 55, and similar supplemental
  423  coverage provided to coverage under a group health plan are not
  424  considered creditable coverage if offered as a separate
  425  insurance policy.
  426         Section 16. Subsection (1) of section 627.65626, Florida
  427  Statutes, is amended to read:
  428         627.65626 Insurance rebates for healthy lifestyles.—
  429         (1) Any rate, rating schedule, or rating manual for a
  430  health insurance policy that provides creditable coverage as
  431  defined in s. 627.6562(3) s. 627.6561(5) filed with the office
  432  shall provide for an appropriate rebate of premiums paid in the
  433  last policy year, contract year, or calendar year when the
  434  majority of members of a health plan have enrolled and
  435  maintained participation in any health wellness, maintenance, or
  436  improvement program offered by the group policyholder and health
  437  plan. The rebate may be based upon premiums paid in the last
  438  calendar year or policy year. The group must provide evidence of
  439  demonstrative maintenance or improvement of the enrollees’
  440  health status as determined by assessments of agreed-upon health
  441  status indicators between the policyholder and the health
  442  insurer, including, but not limited to, reduction in weight,
  443  body mass index, and smoking cessation. The group or health
  444  insurer may contract with a third-party administrator to
  445  assemble and report the health status required in this
  446  subsection between the policyholder and the health insurer. Any
  447  rebate provided by the health insurer is presumed to be
  448  appropriate unless credible data demonstrates otherwise, or
  449  unless the rebate program requires the insured to incur costs to
  450  qualify for the rebate which equal or exceed the value of the
  451  rebate, but the rebate may not exceed 10 percent of paid
  452  premiums.
  453         Section 17. Paragraphs (e), (l), and (n) of subsection (3),
  454  paragraphs (c) and (d) of subsection (5), and paragraph (b) of
  455  subsection (6) of section 627.6699, Florida Statutes, are
  456  amended to read:
  457         627.6699 Employee Health Care Access Act.—
  458         (3) DEFINITIONS.—As used in this section, the term:
  459         (e) “Creditable coverage” has the same meaning ascribed in
  460  s. 627.6562(3) s. 627.6561.
  461         (l) “Late enrollee” means an eligible employee or dependent
  462  who, with respect to coverage under a group health policy, is a
  463  participant or beneficiary who enrolls under the policy other
  464  than during:
  465         1. The first period in which the individual is eligible to
  466  enroll under the policy.
  467         2. A special enrollment period, as provided under s.
  468  627.65615 as defined under s. 627.6561(1)(b).
  469         (n) “Modified community rating” means a method used to
  470  develop carrier premiums which spreads financial risk across a
  471  large population; allows the use of separate rating factors for
  472  age, gender, family composition, tobacco usage, and geographic
  473  area as determined under paragraph (5)(e) (5)(f); and allows
  474  adjustments for: claims experience, health status, or duration
  475  of coverage as permitted under subparagraph (6)(b)5.; and
  476  administrative and acquisition expenses as permitted under
  477  subparagraph (6)(b)5.
  478         (5) AVAILABILITY OF COVERAGE.—
  479         (c) Except as provided in paragraph (d), a health benefit
  480  plan covering small employers must comply with preexisting
  481  condition provisions specified in s. 627.6561 or, for health
  482  maintenance contracts, in s. 641.31071.
  483         (c)(d) A health benefit plan covering small employers,
  484  issued or renewed on or after January 1, 1994, must comply with
  485  the following conditions:
  486         1. All health benefit plans must be offered and issued on a
  487  guaranteed-issue basis. Additional or increased benefits may
  488  only be offered by riders.
  489         2. Paragraph (c) applies to health benefit plans issued to
  490  a small employer who has two or more eligible employees and to
  491  health benefit plans that are issued to a small employer who has
  492  fewer than two eligible employees and that cover an employee who
  493  has had creditable coverage continually to a date not more than
  494  63 days before the effective date of the new coverage.
  495         2.3. For health benefit plans that are issued to a small
  496  employer who has fewer than two employees and that cover an
  497  employee who has not been continually covered by creditable
  498  coverage within 63 days before the effective date of the new
  499  coverage, preexisting condition provisions must not exclude
  500  coverage for a period beyond 24 months following the employee’s
  501  effective date of coverage and may relate only to:
  502         a. Conditions that, during the 24-month period immediately
  503  preceding the effective date of coverage, had manifested
  504  themselves in such a manner as would cause an ordinarily prudent
  505  person to seek medical advice, diagnosis, care, or treatment or
  506  for which medical advice, diagnosis, care, or treatment was
  507  recommended or received; or
  508         b. A pregnancy existing on the effective date of coverage.
  509         (6) RESTRICTIONS RELATING TO PREMIUM RATES.—
  510         (b) For all small employer health benefit plans that are
  511  subject to this section and issued by small employer carriers on
  512  or after January 1, 1994, premium rates for health benefit plans
  513  are subject to the following:
  514         1. Small employer carriers must use a modified community
  515  rating methodology in which the premium for each small employer
  516  is determined solely on the basis of the eligible employee’s and
  517  eligible dependent’s gender, age, family composition, tobacco
  518  use, or geographic area as determined under paragraph (5)(e)
  519  (5)(f) and in which the premium may be adjusted as permitted by
  520  this paragraph. A small employer carrier is not required to use
  521  gender as a rating factor for a nongrandfathered health plan.
  522         2. Rating factors related to age, gender, family
  523  composition, tobacco use, or geographic location may be
  524  developed by each carrier to reflect the carrier’s experience.
  525  The factors used by carriers are subject to office review and
  526  approval.
  527         3. Small employer carriers may not modify the rate for a
  528  small employer for 12 months from the initial issue date or
  529  renewal date, unless the composition of the group changes or
  530  benefits are changed. However, a small employer carrier may
  531  modify the rate one time within the 12 months after the initial
  532  issue date for a small employer who enrolls under a previously
  533  issued group policy that has a common anniversary date for all
  534  employers covered under the policy if:
  535         a. The carrier discloses to the employer in a clear and
  536  conspicuous manner the date of the first renewal and the fact
  537  that the premium may increase on or after that date.
  538         b. The insurer demonstrates to the office that efficiencies
  539  in administration are achieved and reflected in the rates
  540  charged to small employers covered under the policy.
  541         4. A carrier may issue a group health insurance policy to a
  542  small employer health alliance or other group association with
  543  rates that reflect a premium credit for expense savings
  544  attributable to administrative activities being performed by the
  545  alliance or group association if such expense savings are
  546  specifically documented in the insurer’s rate filing and are
  547  approved by the office. Any such credit may not be based on
  548  different morbidity assumptions or on any other factor related
  549  to the health status or claims experience of any person covered
  550  under the policy. This subparagraph does not exempt an alliance
  551  or group association from licensure for activities that require
  552  licensure under the insurance code. A carrier issuing a group
  553  health insurance policy to a small employer health alliance or
  554  other group association shall allow any properly licensed and
  555  appointed agent of that carrier to market and sell the small
  556  employer health alliance or other group association policy. Such
  557  agent shall be paid the usual and customary commission paid to
  558  any agent selling the policy.
  559         5. Any adjustments in rates for claims experience, health
  560  status, or duration of coverage may not be charged to individual
  561  employees or dependents. For a small employer’s policy, such
  562  adjustments may not result in a rate for the small employer
  563  which deviates more than 15 percent from the carrier’s approved
  564  rate. Any such adjustment must be applied uniformly to the rates
  565  charged for all employees and dependents of the small employer.
  566  A small employer carrier may make an adjustment to a small
  567  employer’s renewal premium, up to 10 percent annually, due to
  568  the claims experience, health status, or duration of coverage of
  569  the employees or dependents of the small employer. If the
  570  aggregate resulting from the application of such adjustment
  571  exceeds the premium that would have been charged by application
  572  of the approved modified community rate by 4 percent for the
  573  current policy term, the carrier shall limit the application of
  574  such adjustments only to minus adjustments. For any subsequent
  575  policy term, if the total aggregate adjusted premium actually
  576  charged does not exceed the premium that would have been charged
  577  by application of the approved modified community rate by 4
  578  percent, the carrier may apply both plus and minus adjustments.
  579  A small employer carrier may provide a credit to a small
  580  employer’s premium based on administrative and acquisition
  581  expense differences resulting from the size of the group. Group
  582  size administrative and acquisition expense factors may be
  583  developed by each carrier to reflect the carrier’s experience
  584  and are subject to office review and approval.
  585         6. A small employer carrier rating methodology may include
  586  separate rating categories for one dependent child, for two
  587  dependent children, and for three or more dependent children for
  588  family coverage of employees having a spouse and dependent
  589  children or employees having dependent children only. A small
  590  employer carrier may have fewer, but not greater, numbers of
  591  categories for dependent children than those specified in this
  592  subparagraph.
  593         7. Small employer carriers may not use a composite rating
  594  methodology to rate a small employer with fewer than 10
  595  employees. For the purposes of this subparagraph, the term
  596  “composite rating methodology” means a rating methodology that
  597  averages the impact of the rating factors for age and gender in
  598  the premiums charged to all of the employees of a small
  599  employer.
  600         8. A carrier may separate the experience of small employer
  601  groups with fewer than 2 eligible employees from the experience
  602  of small employer groups with 2-50 eligible employees for
  603  purposes of determining an alternative modified community
  604  rating.
  605         a. If a carrier separates the experience of small employer
  606  groups, the rate to be charged to small employer groups of fewer
  607  than 2 eligible employees may not exceed 150 percent of the rate
  608  determined for small employer groups of 2-50 eligible employees.
  609  However, the carrier may charge excess losses of the experience
  610  pool consisting of small employer groups with less than 2
  611  eligible employees to the experience pool consisting of small
  612  employer groups with 2-50 eligible employees so that all losses
  613  are allocated and the 150-percent rate limit on the experience
  614  pool consisting of small employer groups with less than 2
  615  eligible employees is maintained.
  616         b. Notwithstanding s. 627.411(1), the rate to be charged to
  617  a small employer group of fewer than 2 eligible employees,
  618  insured as of July 1, 2002, may be up to 125 percent of the rate
  619  determined for small employer groups of 2-50 eligible employees
  620  for the first annual renewal and 150 percent for subsequent
  621  annual renewals.
  622         9. A carrier shall separate the experience of grandfathered
  623  health plans from nongrandfathered health plans for determining
  624  rates.
  625         Section 18. Subsection (1) and paragraph (c) of subsection
  626  (2) of section 627.6741, Florida Statutes, are amended to read:
  627         627.6741 Issuance, cancellation, nonrenewal, and
  628  replacement.—
  629         (1)(a) An insurer issuing Medicare supplement policies in
  630  this state shall offer the opportunity of enrolling in a
  631  Medicare supplement policy, without conditioning the issuance or
  632  effectiveness of the policy on, and without discriminating in
  633  the price of the policy based on, the medical or health status
  634  or receipt of health care by the individual:
  635         1. To any individual who is 65 years of age or older, or
  636  under 65 years of age and eligible for Medicare by reason of
  637  disability or end-stage renal disease, and who resides in this
  638  state, upon the request of the individual during the 6-month
  639  period beginning with the first month in which the individual
  640  has attained 65 years of age and is enrolled in Medicare Part B,
  641  or is eligible for Medicare by reason of a disability or end
  642  stage renal disease, and is enrolled in Medicare Part B; or
  643         2. To any individual who is 65 years of age or older, or
  644  under 65 years of age and eligible for Medicare by reason of a
  645  disability or end-stage renal disease, who is enrolled in
  646  Medicare Part B, and who resides in this state, upon the request
  647  of the individual during the 2-month period following
  648  termination of coverage under a group health insurance policy.
  649         (b) The 6-month period to enroll in a Medicare supplement
  650  policy for an individual who is under 65 years of age and is
  651  eligible for Medicare by reason of disability or end-stage renal
  652  disease and otherwise eligible under subparagraph (a)1. or
  653  subparagraph (a)2. and first enrolled in Medicare Part B before
  654  October 1, 2009, begins on October 1, 2009.
  655         (c) A company that has offered Medicare supplement policies
  656  to individuals under 65 years of age who are eligible for
  657  Medicare by reason of disability or end-stage renal disease
  658  before October 1, 2009, may, for one time only, effect a rate
  659  schedule change that redefines the age bands of the premium
  660  classes without activating the period of discontinuance required
  661  by s. 627.410(6)(e)2.
  662         (d) As a part of an insurer’s rate filings, before and
  663  including the insurer’s first rate filing for a block of policy
  664  forms in 2015, notwithstanding the provisions of s.
  665  627.410(6)(e)3., an insurer shall consider the experience of the
  666  policies or certificates for the premium classes including
  667  individuals under 65 years of age and eligible for Medicare by
  668  reason of disability or end-stage renal disease separately from
  669  the balance of the block so as not to affect the other premium
  670  classes. For filings in such time period only, credibility of
  671  that experience shall be as follows: if a block of policy forms
  672  has 1,250 or more policies or certificates in force in the age
  673  band including ages under 65 years of age, full or 100-percent
  674  credibility shall be given to the experience; and if fewer than
  675  250 policies or certificates are in force, no or zero-percent
  676  credibility shall be given. Linear interpolation shall be used
  677  for in-force amounts between the low and high values. Florida
  678  only experience shall be used if it is 100-percent credible. If
  679  Florida-only experience is not 100-percent credible, a
  680  combination of Florida-only and nationwide experience shall be
  681  used. If Florida-only experience is zero-percent credible,
  682  nationwide experience shall be used. The insurer may file its
  683  initial rates and any rate adjustment based upon the experience
  684  of these policies or certificates or based upon expected claim
  685  experience using experience data of the same company, other
  686  companies in the same or other states, or using data publicly
  687  available from the Centers for Medicaid and Medicare Services if
  688  the insurer’s combined Florida and nationwide experience is not
  689  100-percent credible, separate from the balance of all other
  690  Medicare supplement policies.
  691  
  692  A Medicare supplement policy issued to an individual under
  693  subparagraph (a)1. or subparagraph (a)2. may not exclude
  694  benefits based on a preexisting condition if the individual has
  695  a continuous period of creditable coverage, as defined in s.
  696  627.6562(3) s. 627.6561(5), of at least 6 months as of the date
  697  of application for coverage.
  698         (2) For both individual and group Medicare supplement
  699  policies:
  700         (c) If a Medicare supplement policy or certificate replaces
  701  another Medicare supplement policy or certificate or creditable
  702  coverage as defined in s. 627.6562(3) s. 627.6561(5), the
  703  replacing insurer shall waive any time periods applicable to
  704  preexisting conditions, waiting periods, elimination periods,
  705  and probationary periods in the new Medicare supplement policy
  706  for similar benefits to the extent such time was spent under the
  707  original policy, subject to the requirements of s. 627.6561(6)
  708  (11).
  709         Section 19. Paragraphs (f) and (h) of subsection (1) of
  710  section 641.185, Florida Statutes, are amended to read:
  711         641.185 Health maintenance organization subscriber
  712  protections.—
  713         (1) With respect to the provisions of this part and part
  714  III, the principles expressed in the following statements shall
  715  serve as standards to be followed by the commission, the office,
  716  the department, and the Agency for Health Care Administration in
  717  exercising their powers and duties, in exercising administrative
  718  discretion, in administrative interpretations of the law, in
  719  enforcing its provisions, and in adopting rules:
  720         (f) A health maintenance organization subscriber should
  721  receive the flexibility to transfer to another Florida health
  722  maintenance organization, regardless of health status, pursuant
  723  to ss. 641.228, 641.3104, 641.3107, 641.3111, 641.3921, and
  724  641.3922.
  725         (h) A health maintenance organization that issues a group
  726  health contract must: provide coverage for preexisting
  727  conditions pursuant to s. 641.31071; guarantee renewability of
  728  coverage pursuant to s. 641.31074,; provide notice of
  729  cancellation pursuant to s. 641.3108,; provide extension of
  730  benefits pursuant to s. 641.3111,; provide for conversion on
  731  termination of eligibility pursuant to s. 641.3921,; and provide
  732  for conversion contracts and conditions pursuant to s. 641.3922.
  733         Section 20. Subsection (2) and paragraph (a) of subsection
  734  (40) of section 641.31, Florida Statutes, are amended to read:
  735         641.31 Health maintenance contracts.—
  736         (2) The rates charged by any health maintenance
  737  organization to its subscribers shall not be excessive,
  738  inadequate, or unfairly discriminatory or follow a rating
  739  methodology that is inconsistent, indeterminate, or ambiguous or
  740  encourages misrepresentation or misunderstanding. A law
  741  restricting or limiting deductibles, coinsurance, copayments, or
  742  annual or lifetime maximum payments shall not apply to any
  743  health maintenance organization contract that provides coverage
  744  as described in s. 641.31071(5)(a)2., offered or delivered to an
  745  individual or a group of 51 or more persons. The commission, in
  746  accordance with generally accepted actuarial practice as applied
  747  to health maintenance organizations, may define by rule what
  748  constitutes excessive, inadequate, or unfairly discriminatory
  749  rates and may require whatever information it deems necessary to
  750  determine that a rate or proposed rate meets the requirements of
  751  this subsection.
  752         (40)(a) Any group rate, rating schedule, or rating manual
  753  for a health maintenance organization policy, which provides
  754  creditable coverage as defined in s. 627.6562(3) s. 627.6561(5),
  755  filed with the office shall provide for an appropriate rebate of
  756  premiums paid in the last policy year, contract year, or
  757  calendar year when the majority of members of a health plan are
  758  enrolled in and have maintained participation in any health
  759  wellness, maintenance, or improvement program offered by the
  760  group contract holder. The group must provide evidence of
  761  demonstrative maintenance or improvement of his or her health
  762  status as determined by assessments of agreed-upon health status
  763  indicators between the group and the health insurer, including,
  764  but not limited to, reduction in weight, body mass index, and
  765  smoking cessation. Any rebate provided by the health maintenance
  766  organization is presumed to be appropriate unless credible data
  767  demonstrates otherwise, or unless the rebate program requires
  768  the insured to incur costs to qualify for the rebate which
  769  equals or exceeds the value of the rebate but the rebate may not
  770  exceed 10 percent of paid premiums.
  771         Section 21. Section 641.31071, Florida Statutes, is
  772  repealed.
  773         Section 22. Subsection (4) of section 641.3111, Florida
  774  Statutes, is amended to read:
  775         641.3111 Extension of benefits.—
  776         (4) Except as provided in subsection (1), no subscriber is
  777  entitled to an extension of benefits if the termination of the
  778  contract by the health maintenance organization is based upon
  779  any event referred to in s. 641.3922(7)(a), (b), or (e).
  780         Section 23. Section 641.312, Florida Statutes, is amended
  781  to read:
  782         641.312 Scope.—The Office of Insurance Regulation may adopt
  783  rules to administer the provisions of the National Association
  784  of Insurance Commissioners’ Uniform Health Carrier External
  785  Review Model Act, issued by the National Association of
  786  Insurance Commissioners and dated April 2010. This section does
  787  not apply to a health maintenance contract that is subject to
  788  the Subscriber Assistance Program under s. 408.7056 or to the
  789  types of benefits or coverages provided under s. 627.6513(1)
  790  (14) s. 627.6561(5)(b)-(e) issued in any market.
  791         Section 24. This act shall take effect July 1, 2016.