Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 1422 Ì646986eÎ646986 LEGISLATIVE ACTION Senate . House Comm: UNFAV . 04/23/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 Section 627.6045, Florida Statutes, is repealed. 6 Section 3.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 18short-term limited duration insurance orexcepted benefits 19 specified in s. 627.6513(1)-(14). 20 Section 4. Section 627.6426, Florida Statutes, is created 21 to read: 22 627.6426 Short-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: 53 627.6525 Short-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.;