Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1422
       
       
       
       
       
       
                                Ì646986eÎ646986                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  04/23/2019           .                                
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       The Committee on Rules (Rodriguez) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 59 - 139
    4  and insert:
    5         Section 2. Section 627.6045, Florida Statutes, is repealed.
    6         Section 3. Subsection (1) of section 627.6425, Florida
    7  Statutes, is amended to read:
    8         627.6425 Renewability of individual coverage.—
    9         (1) Except as otherwise provided in this section, an
   10  insurer that provides individual health insurance coverage to an
   11  individual shall renew or continue in force such coverage at the
   12  option of the individual. For the purpose of this section, the
   13  term “individual health insurance” means health insurance
   14  coverage, as described in s. 624.603, offered to an individual
   15  in this state, including certificates of coverage offered to
   16  individuals in this state as part of a group policy issued to an
   17  association outside this state, but the term does not include
   18  short-term limited duration insurance or excepted benefits
   19  specified in s. 627.6513(1)-(14).
   20         Section 4. Section 627.6426, Florida Statutes, is created
   21  to read:
   22         627.6426Short-term health insurance.—
   23         (1)For purposes of this part, the term “short-term health
   24  insurance” means health insurance coverage provided by an issuer
   25  with an expiration date specified in the contract which is less
   26  than 12 months after the original effective date of the contract
   27  and, taking into account renewals or extensions, has a duration
   28  not to exceed 36 months in total.
   29         (2)All contracts for short-term health insurance entered
   30  into by an issuer and an individual seeking coverage:
   31         (a)Must include the following disclosure:
   32  
   33  “This coverage is not required to comply with certain federal
   34  market requirements for health insurance, including some
   35  requirements contained in the Patient Protection and Affordable
   36  Care Act. Your policy might also have lifetime and/or annual
   37  dollar limits on health benefits. If this coverage expires or
   38  you lose eligibility for this coverage, you might have to wait
   39  until an open enrollment period to get other health insurance
   40  coverage.”
   41         (b)May not exclude, limit, deny, or delay coverage due to
   42  a preexisting condition. As used in this paragraph, the term
   43  “preexisting condition” means a condition that was present
   44  before the effective date of coverage under a contract, whether
   45  or not any medical advice, diagnosis, care, or treatment was
   46  recommended or received before the effective date of coverage.
   47  The term includes a condition identified as a result of a
   48  preenrollment questionnaire or physical examination given to the
   49  individual, or review of medical records relating to the
   50  preenrollment period.
   51         Section 5. Section 627.6525, Florida Statutes, is created
   52  to read:
   53         627.6525Short-term health insurance.—
   54         (1)For purposes of this part, the term “short-term health
   55  insurance” means a group, blanket, or franchise policy of health
   56  insurance coverage provided by an issuer with an expiration date
   57  specified in the contract which is less than 12 months after the
   58  original effective date of the contract and, taking into account
   59  renewals or extensions, has a duration not to exceed 36 months
   60  in total.
   61         (2)All contracts for short-term health insurance entered
   62  into by an issuer and a party seeking coverage:
   63         (a)Must include the following disclosure:
   64  
   65  “This coverage is not required to comply with certain federal
   66  market requirements for health insurance, including some
   67  requirements contained in the Patient Protection and Affordable
   68  Care Act. Your policy might also have lifetime and/or annual
   69  dollar limits on health benefits. If this coverage expires or
   70  you lose eligibility for this coverage, you might have to wait
   71  until an open enrollment period to get other health insurance
   72  coverage.”
   73         (b)May not exclude, limit, deny, or delay coverage due to
   74  a preexisting condition. As used in this paragraph, the term
   75  “preexisting condition” means a condition that was present
   76  before the effective date of coverage under a contract, whether
   77  or not any medical advice, diagnosis, care, or treatment was
   78  recommended or received before the effective date of coverage.
   79  The term includes a condition identified as a result of a
   80  preenrollment questionnaire or physical examination given to the
   81  individual, or review of medical records relating to the
   82  preenrollment period.
   83         Section 6. Section 627.6046, Florida Statutes, is created
   84  to read:
   85         627.6046 Preexisting conditions coverage.—
   86         (1)As used in this section, the term “preexisting
   87  condition” means a condition that was present before the
   88  effective date of coverage under an individual health insurance
   89  policy, whether or not any medical advice, diagnosis, care, or
   90  treatment was recommended or received before the effective date
   91  of coverage. The term includes a condition identified as a
   92  result of a preenrollment questionnaire or physical examination
   93  given to the individual, or review of medical records relating
   94  to the preenrollment period.
   95         (2)A nongrandfathered individual health insurance policy
   96  issued or delivered in this state may not exclude, limit, deny,
   97  or delay coverage due to a preexisting condition.
   98         Section 7. Section 627.65612, Florida Statutes, is created
   99  to read:
  100         627.65612 Preexisting conditions coverage.—
  101         (1)As used in this section, the term “preexisting
  102  condition” means a condition that was present before the
  103  effective date of coverage under a group health insurance
  104  policy, whether or not any medical advice, diagnosis, care, or
  105  treatment was recommended or received before the effective date
  106  of coverage. The term includes a condition identified as a
  107  result of a preenrollment questionnaire or physical examination
  108  given to the individual, or review of medical records relating
  109  to the preenrollment period.
  110         (2)A group health insurance policy issued or delivered in
  111  this state may not exclude, limit, deny, or delay coverage due
  112  to a preexisting condition.
  113         Section 8. Subsection (45) is added to section 641.31,
  114  Florida Statutes, to read:
  115         641.31 Health maintenance contracts.—
  116         (45)(a) As used in this subsection, the term “preexisting
  117  condition” means a condition that was present before the
  118  effective date of coverage under a health maintenance contract,
  119  whether or not any medical advice, diagnosis, care, or treatment
  120  was recommended or received before the effective date of
  121  coverage. The term includes a condition identified as a result
  122  of a preenrollment questionnaire or physical examination given
  123  to the individual, or review of medical records relating to the
  124  preenrollment period.
  125         (b) A health maintenance contract issued or delivered in
  126  this state may not exclude, limit, deny, or delay coverage due
  127  to a preexisting condition.
  128  
  129  ================= T I T L E  A M E N D M E N T ================
  130  And the title is amended as follows:
  131         Delete lines 4 - 14
  132  and insert:
  133         employer welfare arrangements; repealing s. 627.6045,
  134         F.S., relating to preexisting conditions; amending s.
  135         627.6425, F.S.; revising the definition of the term
  136         “individual health insurance” relating to renewability
  137         of individual coverage; creating ss. 627.6426 and
  138         627.6525, F.S.; defining the terms “short-term health
  139         insurance” and “preexisting condition”; providing
  140         disclosure requirements for short-term individual,
  141         group, blanket, and franchise health insurance
  142         contracts; prohibiting such contracts from excluding,
  143         limiting, denying, or delaying coverage due to
  144         preexisting conditions; creating ss. 627.6046 and
  145         627.65612, F.S.; defining the term “preexisting
  146         condition”; prohibiting nongrandfathered individual
  147         health insurance policies and group health insurance
  148         policies, respectively, from excluding, limiting,
  149         denying, or delaying coverage due to preexisting
  150         conditions; amending s. 641.31, F.S.; defining the
  151         term “preexisting condition”; prohibiting health
  152         maintenance contracts from excluding, limiting,
  153         denying, or delaying coverage due to preexisting
  154         conditions; amending s. 627.654, F.S.;