Florida Senate - 2018                                     SB 302
       By Senator Rodriguez
       37-00304A-18                                           2018302__
    1                        A bill to be entitled                      
    2         An act relating to federal waivers for health
    3         insurance; amending s. 624.25, F.S.; prohibiting
    4         public entities, unless specifically authorized by the
    5         Legislature, from applying for a waiver under the
    6         federal Patient Protection and Affordable Care Act
    7         which would waive requirements for, or authorize the
    8         exclusion or limitation of, coverage of any essential
    9         health benefit by nongrandfathered health plans;
   10         defining terms; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Section 624.25, Florida Statutes, is amended to
   15  read:
   16         624.25 Patient Protection and Affordable Care Act.—
   17         (1) A provision of the Florida Insurance Code, or rule
   18  adopted pursuant to the code, applies unless such provision or
   19  rule prevents the application of a provision of PPACA. As used
   20  in this section, the term “PPACA” has the same meaning as
   21  provided in s. 627.402.
   22         (2) Unless specifically authorized by the Legislature, a
   23  public entity may not apply for a waiver under PPACA, including,
   24  but not limited to, a State Innovation Waiver pursuant to 42
   25  U.S.C. s. 18052, which would waive any requirement for a
   26  nongrandfathered health plan in this state to provide coverage
   27  for any essential health benefit or which would authorize the
   28  nongrandfathered health plan to exclude or limit coverage for
   29  any essential health benefit. As used in this subsection, the
   30  term:
   31         (a) “Essential health benefit” means any benefit described
   32  in 42 U.S.C. s. 18022 or in any rule promulgated thereunder.
   33         (b) “Nongrandfathered health plan” has the same meaning as
   34  in s. 627.402.
   35         (c) “Public entity” means this state and any department or
   36  agency of this state.
   37         Section 2. This act shall take effect upon becoming a law.