Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 322
       
       
       
       
       
       
                                Ì220604rÎ220604                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/24/2019 11:42 AM       .                                
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       Senator Simpson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective July 1, 2019, paragraph (b) of
    6  subsection (1) of section 624.438, Florida Statutes, is amended
    7  to read:
    8         624.438 General eligibility.—
    9         (1) To meet the requirements for issuance of a certificate
   10  of authority and to maintain a multiple-employer welfare
   11  arrangement, an arrangement:
   12         (b)1. Must be established by a bona fide group trade
   13  association, industry association, or professional association
   14  of employers as defined in 29 C.F.R. s. 2510.3-5 or
   15  professionals which has a constitution or bylaws specifically
   16  stating its purpose and which has been organized and maintained
   17  in good faith for a continuous period of 1 year for purposes in
   18  addition to other than that of obtaining or providing insurance.
   19         2.Must not combine member employers from disparate trades,
   20  industries, or professions as defined by the appropriate
   21  licensing agencies, and must not combine member employers from
   22  more than one of the employer categories defined in sub
   23  subparagraphs a.-c.
   24         a.A trade association consists of member employers who are
   25  in the same trade as recognized by the appropriate licensing
   26  agency.
   27         b.An industry association consists of member employers who
   28  are in the same major group code, as defined by the Standard
   29  Industrial Classification Manual issued by the federal Office of
   30  Management and Budget, unless restricted by sub-subparagraph a.
   31  or sub-subparagraph c.
   32         c.A professional association consists of member employers
   33  who are of the same profession as recognized by the appropriate
   34  licensing agency.
   35  
   36  The requirements of this paragraph subparagraph do not apply to
   37  an arrangement licensed before prior to April 1, 1995,
   38  regardless of the nature of its business. However, an
   39  arrangement exempt from the requirements of this paragraph
   40  subparagraph may not expand the nature of its business beyond
   41  that set forth in the articles of incorporation of its
   42  sponsoring association as of April 1, 1995, except as authorized
   43  in this paragraph subparagraph.
   44         Section 2. Section 627.443, Florida Statutes, is created to
   45  read:
   46         627.443 Essential health benefits.—
   47         (1) As used in this section, the term:
   48         (a)“EHB-benchmark plan” has the same meaning as provided
   49  in 45 C.F.R. s. 156.20.
   50         (b)“PPACA” has the same meaning as in s. 627.402.
   51         (2) A health insurer or health maintenance organization
   52  issuing or delivering an individual or a group health insurance
   53  policy or health maintenance contract in this state may create a
   54  new health insurance policy or health maintenance contract that:
   55         (a) Must include at least one service or coverage under
   56  each of the 10 essential health benefits categories under 42
   57  U.S.C. s. 18022(b) which are required under PPACA;
   58         (b) May fulfill the requirement in paragraph (a) by
   59  selecting one or more services or coverages for each of the
   60  required categories from the list of essential health benefits
   61  required by any single state or multiple states; and
   62         (c) May comply with paragraphs (a) and (b) by selecting one
   63  or more services or coverages from any one or more of the
   64  required categories of essential health benefits from one state
   65  or multiple states.
   66         (3) This section specifically authorizes an insurer or
   67  health maintenance organization to include any combination of
   68  services or coverages required by any one or a combination of
   69  states to provide the 10 categories of essential health benefits
   70  required under PPACA in a policy or contract issued in this
   71  state.
   72         (4)Health insurance policies and health maintenance
   73  contracts created by health insurers and health maintenance
   74  organizations under this section:
   75         (a) May be submitted to the office for consideration as
   76  part of the office’s study of this state’s essential health
   77  benefits benchmark plan; and
   78         (b) May also be submitted to the office for evaluation as
   79  equivalent to the current state EHB-benchmark plan or to any
   80  EHB-benchmark plan created in the future.
   81         Section 3. Effective July 1, 2019, subsection (3) of
   82  section 627.6045, Florida Statutes, is amended to read:
   83         627.6045 Preexisting condition.—A health insurance policy
   84  must comply with the following:
   85         (3) This section does not apply to short-term, nonrenewable
   86  health insurance policies of no more than a 6-month policy term,
   87  provided that it is clearly disclosed to the applicant in the
   88  advertising and application, in 14-point 10-point contrasting
   89  type, that “This policy does not meet the definition of
   90  qualifying previous coverage or qualifying existing coverage as
   91  defined in s. 627.6699. As a result, if purchased in lieu of a
   92  conversion policy or other group coverage, you may have to meet
   93  a preexisting condition requirement when renewing or purchasing
   94  other coverage.”
   95         Section 4. Effective July 1, 2019, section 627.6046,
   96  Florida Statutes, is created to read:
   97         627.6046 Limit on preexisting conditions.—
   98         (1)As used in this section, the term:
   99         (a) “Operative date” means the date on which either of the
  100  following occurs with respect to the Patient Protection and
  101  Affordable Care Act, Pub. L. No. 111-148, as amended by the
  102  Health Care and Education Reconciliation Act of 2010, Pub. L.
  103  No. 111-152 (PPACA):
  104         1. A federal law is enacted which expressly repeals PPACA;
  105  or
  106         2. PPACA is invalidated by the United States Supreme Court.
  107         (b) “Preexisting medical condition” means a condition that
  108  was present before the effective date of coverage under a
  109  policy, whether or not any medical advice, diagnosis, care, or
  110  treatment was recommended or received before the effective date
  111  of coverage. The term includes a condition identified as a
  112  result of a preenrollment questionnaire or physical examination
  113  given to the individual, or review of medical records relating
  114  to the preenrollment period.
  115         (2)(a)Not later than 30 days after the operative date, and
  116  notwithstanding s. 627.6045 or any other law to the contrary,
  117  every insurer issuing, delivering, or issuing for delivery
  118  comprehensive major medical individual health insurance policies
  119  in this state shall make at least one comprehensive major
  120  medical health insurance policy available to all residents of
  121  this state, and such insurer may not exclude, limit, deny, or
  122  delay coverage under such policy due to one or more preexisting
  123  medical conditions.
  124         (b)An insurer may not limit or exclude benefits under such
  125  policy, including a denial of coverage applicable to an
  126  individual as a result of information relating to an
  127  individual’s health status before the individual’s effective
  128  date of coverage, or if coverage is denied, the date of the
  129  denial.
  130         (3)The comprehensive major medical health insurance policy
  131  that the insurer is required to offer under this section must be
  132  a policy that had been actively marketed in this state by the
  133  insurer as of the operative date and that was also actively
  134  marketed in this state during the year immediately preceding the
  135  operative date.
  136         (4) This section does not apply to an insurer that issues
  137  only limited benefit, disability income, specified disease,
  138  Medicare supplement, or hospital indemnity policies in this
  139  state.
  140         Section 5. Effective July 1, 2019, subsection (1) of
  141  section 627.6425, Florida Statutes, is amended to read:
  142         627.6425 Renewability of individual coverage.—
  143         (1) Except as otherwise provided in this section, an
  144  insurer that provides individual health insurance coverage to an
  145  individual shall renew or continue in force such coverage at the
  146  option of the individual. For the purpose of this section, the
  147  term “individual health insurance” means health insurance
  148  coverage, as described in s. 624.603, offered to an individual
  149  in this state, including certificates of coverage offered to
  150  individuals in this state as part of a group policy issued to an
  151  association outside this state, but the term does not include
  152  short-term limited duration insurance or excepted benefits
  153  specified in s. 627.6513(1)-(14).
  154         Section 6. Effective July 1, 2019, section 627.6426,
  155  Florida Statutes, is created to read:
  156         627.6426Short-term health insurance.—
  157         (1)For purposes of this part, the term “short-term health
  158  insurance” means health insurance coverage provided by an issuer
  159  with an expiration date specified in the contract which is less
  160  than 12 months after the original effective date of the contract
  161  and, taking into account renewals or extensions, has a duration
  162  not to exceed 36 months in total.
  163         (2)All contracts for short-term health insurance entered
  164  into by an issuer and an individual seeking coverage shall
  165  include the following disclosure:
  166  
  167  “This coverage is not required to comply with certain federal
  168  market requirements for health insurance, principally those
  169  contained in the Patient Protection and Affordable Care Act. Be
  170  sure to check your policy carefully to make sure you are aware
  171  of any exclusions or limitations regarding coverage of
  172  preexisting conditions or health benefits (such as
  173  hospitalization, emergency services, maternity care, preventive
  174  care, prescription drugs, and mental health and substance use
  175  disorder services). Your policy might also have lifetime and/or
  176  annual dollar limits on health benefits. If this coverage
  177  expires or you lose eligibility for this coverage, you might
  178  have to wait until an open enrollment period to get other health
  179  insurance coverage.”
  180         Section 7. Effective July 1, 2019, section 627.6525,
  181  Florida Statutes, is created to read:
  182         627.6525Short-term health insurance.—
  183         (1)For purposes of this part, the term “short-term health
  184  insurance” means a group, blanket, or franchise policy of health
  185  insurance coverage provided by an issuer with an expiration date
  186  specified in the contract which is less than 12 months after the
  187  original effective date of the contract and, taking into account
  188  renewals or extensions, has a duration not to exceed 36 months
  189  in total.
  190         (2)All contracts for short-term health insurance entered
  191  into by an issuer and a party seeking coverage shall include the
  192  following disclosure:
  193  
  194  “This coverage is not required to comply with certain federal
  195  market requirements for health insurance, principally those
  196  contained in the Patient Protection and Affordable Care Act. Be
  197  sure to check your policy carefully to make sure you are aware
  198  of any exclusions or limitations regarding coverage of
  199  preexisting conditions or health benefits (such as
  200  hospitalization, emergency services, maternity care, preventive
  201  care, prescription drugs, and mental health and substance use
  202  disorder services). Your policy might also have lifetime and/or
  203  annual dollar limits on health benefits. If this coverage
  204  expires or you lose eligibility for this coverage, you might
  205  have to wait until an open enrollment period to get other health
  206  insurance coverage.”
  207         Section 8. Effective July 1, 2019, subsection (1) of
  208  section 627.654, Florida Statutes, is amended to read:
  209         627.654 Labor union, association, and small employer health
  210  alliance groups.—
  211         (1)(a) A bona fide group or association of employers, as
  212  defined in 29 C.F.R. s. 2510.3-5, or a group of individuals may
  213  be insured under a policy issued to an association, including a
  214  labor union, which association has a constitution and bylaws and
  215  not less than 25 individual members and which has been organized
  216  and has been maintained in good faith for a period of 1 year for
  217  purposes in addition to other than that of obtaining insurance,
  218  or to the trustees of a fund established by such an association,
  219  which association or trustees shall be deemed the policyholder,
  220  insuring at least 15 individual members of the association for
  221  the benefit of persons other than the officers of the
  222  association, the association, or trustees.
  223         (b) A small employer, as defined in s. 627.6699 and
  224  including the employer’s eligible employees and the spouses and
  225  dependents of such employees, may be insured under a policy
  226  issued to a small employer health alliance by a carrier as
  227  defined in s. 627.6699. A small employer health alliance must be
  228  organized as a not-for-profit corporation under chapter 617.
  229  Notwithstanding any other law, if a small employer member of an
  230  alliance loses eligibility to purchase health care through the
  231  alliance solely because the business of the small employer
  232  member expands to more than 50 and fewer than 75 eligible
  233  employees, the small employer member may, at its next renewal
  234  date, purchase coverage through the alliance for not more than 1
  235  additional year. A small employer health alliance shall
  236  establish conditions of participation in the alliance by a small
  237  employer, including, but not limited to:
  238         1.Assurance that the small employer is not formed for the
  239  purpose of securing health benefit coverage.
  240         2.Assurance that the employees of a small employer have
  241  not been added for the purpose of securing health benefit
  242  coverage.
  243         Section 9. Effective July 1, 2019, section 627.65612,
  244  Florida Statutes, is created to read:
  245         627.65612Limit on preexisting conditions.—
  246         (1) As used in this section, the terms “operative date” and
  247  “preexisting medical condition” have the same meanings as
  248  provided in s. 627.6046.
  249         (2)(a) Not later than 30 days after the operative date, and
  250  notwithstanding s. 627.6561 or any other law to the contrary,
  251  every insurer issuing, delivering, or issuing for delivery
  252  comprehensive major medical group health insurance policies in
  253  this state shall make at least one comprehensive major medical
  254  health insurance policy available to all residents of this
  255  state, and such insurer may not exclude, limit, deny, or delay
  256  coverage under such policy due to one or more preexisting
  257  medical conditions.
  258         (b)An insurer may not limit or exclude benefits under such
  259  policy, including a denial of coverage applicable to an
  260  individual as a result of information relating to an
  261  individual’s health status before the individual’s effective
  262  date of coverage, or if coverage is denied, the date of the
  263  denial.
  264         (3)The comprehensive major medical health insurance policy
  265  that the insurer is required to offer under this section must be
  266  a policy that had been actively marketed in this state by the
  267  insurer as of the operative date and that was also actively
  268  marketed in this state during the year immediately preceding the
  269  operative date.
  270         (4) This section does not apply to an insurer issuing only
  271  limited benefit, disability income, specified disease, Medicare
  272  supplement, or hospital indemnity policies in this state.
  273         Section 10. Effective July 1, 2019, subsection (45) is
  274  added to section 641.31, Florida Statutes, to read:
  275         641.31 Health maintenance contracts.—
  276         (45)(a) As used in this subsection, the terms “operative
  277  date” and “preexisting medical condition” have the same meanings
  278  as provided in s. 627.6046.
  279         (b)Not later than 30 days after the operative date, and
  280  notwithstanding s. 641.31071 or any other law to the contrary,
  281  every health maintenance organization issuing, delivering, or
  282  issuing for delivery individual or group contracts in this state
  283  shall make at least one comprehensive major medical health
  284  maintenance contract available to all residents of this state,
  285  and such health maintenance organization may not exclude, limit,
  286  deny, or delay coverage under such contract due to one or more
  287  preexisting medical conditions. A health maintenance
  288  organization may not limit or exclude benefits under such
  289  contract, including a denial of coverage applicable to an
  290  individual as a result of information relating to an
  291  individual’s health status before the individual’s effective
  292  date of coverage, or if coverage is denied, the date of the
  293  denial.
  294         (c)The comprehensive major medical health maintenance
  295  contract the health maintenance organization is required to
  296  offer under this section must be a contract that had been
  297  actively marketed in this state by the health maintenance
  298  organization as of the operative date and that was also actively
  299  marketed in this state during the year immediately preceding the
  300  operative date.
  301         Section 11. Study of state essential health benefits
  302  benchmark plan; report.—
  303         (1)As used in this section, the term:
  304         (a)“EHB-benchmark plan” has the same meaning as provided
  305  in 45 C.F.R. s. 156.20.
  306         (b)“Office” means the Office of Insurance Regulation.
  307         (2)The office shall conduct a study to evaluate this
  308  state’s current EHB-benchmark plan for nongrandfathered
  309  individual and group health plans and options for changing the
  310  EHB-benchmark plan pursuant to 45 C.F.R. s. 156.111 for future
  311  plan years. In conducting the study, the office shall:
  312         (a)Consider EHB-benchmark plans and benefits under the 10
  313  essential health benefits categories established under 45 C.F.R.
  314  s. 156.110(a) which are used by the other 49 states;
  315         (b)Compare the costs of benefits within such categories
  316  and overall costs of EHB-benchmark plans used by other states
  317  with the costs of benefits within the categories and overall
  318  costs of the current EHB-benchmark plan of this state; and
  319         (c)Solicit and consider proposed individual and group
  320  health plans from health insurers and health maintenance
  321  organizations in developing recommendations for changes to the
  322  current EHB-benchmark plan.
  323         (3)By October 30, 2019, the office shall submit a report
  324  to the Governor, the President of the Senate, and the Speaker of
  325  the House of Representatives which must include recommendations
  326  for changing the current EHB-benchmark plan to provide
  327  comprehensive care at a lower cost than this state’s current
  328  EHB-benchmark plan. In its report, the office shall provide an
  329  analysis as to whether proposed health plans it receives under
  330  paragraph (2)(c) meet the requirements for an EHB-benchmark plan
  331  under 45 C.F.R. s. 156.111(b).
  332         Section 12. If any provision of this act or its application
  333  to any person or circumstance is held invalid, the invalidity
  334  does not affect other provisions or applications of the act
  335  which can be given effect without the invalid provision or
  336  application, and to this end the provisions of this act are
  337  severable.
  338         Section 13. Except as otherwise expressly provided in this
  339  act, this act shall take effect upon becoming a law.
  340  
  341  ================= T I T L E  A M E N D M E N T ================
  342  And the title is amended as follows:
  343         Delete everything before the enacting clause
  344  and insert:
  345                        A bill to be entitled                      
  346         An act relating to health plans; amending s. 624.438,
  347         F.S.; revising eligibility requirements for multiple
  348         employer welfare arrangements; creating s. 627.443,
  349         F.S.; defining the terms “EHB-benchmark plan” and
  350         “PPACA”; authorizing health insurers and health
  351         maintenance organizations to create new health
  352         insurance policies and health maintenance contracts
  353         meeting certain criteria for essential health benefits
  354         under the federal Patient Protection and Affordable
  355         Care Act (PPACA); providing that such criteria may be
  356         met by certain means; providing construction;
  357         providing that such policies and contracts created by
  358         health insurers and health maintenance organizations
  359         may be submitted to the Office of Insurance Regulation
  360         for certain purposes; amending s. 627.6045, F.S.;
  361         revising applicability of requirements relating to
  362         preexisting conditions; revising the font size for a
  363         certain disclosure; creating s. 627.6046, F.S.;
  364         defining the terms “operative date” and “preexisting
  365         medical condition” with respect to individual health
  366         insurance policies; requiring certain insurers,
  367         contingent upon the occurrence of either of two
  368         specified events, to make at least one comprehensive
  369         major medical health insurance policy available to all
  370         residents of this state within a specified timeframe;
  371         prohibiting such insurers from excluding, limiting,
  372         denying, or delaying coverage under such policies due
  373         to preexisting medical conditions; requiring such
  374         policies to have been actively marketed on a specified
  375         date and during a certain timeframe before that date;
  376         providing applicability; amending s. 627.6425, F.S.;
  377         revising the definition of the term “individual health
  378         insurance” relating to renewability of individual
  379         coverage; creating ss. 627.6426 and 627.6525, F.S.;
  380         defining the term “short-term health insurance”;
  381         providing disclosure requirements for short-term
  382         individual, group, blanket, and franchise health
  383         insurance policies; amending s. 627.654, F.S.;
  384         revising requirements for, and applicability relating
  385         to, association and small employer policies; creating
  386         s. 627.65612, F.S.; defining the terms “operative
  387         date” and “preexisting medical condition” with respect
  388         to group health insurance policies; requiring certain
  389         insurers, contingent upon the occurrence of either of
  390         two specified events, to make at least one
  391         comprehensive major medical health insurance policy
  392         available to all residents of this state within a
  393         specified timeframe; prohibiting such insurers from
  394         excluding, limiting, denying, or delaying coverage
  395         under such policies due to preexisting medical
  396         conditions; requiring such policies to have been
  397         actively marketed on a specified date and during a
  398         certain timeframe before that date; providing
  399         applicability; amending s. 641.31, F.S.; defining the
  400         terms “operative date” and “preexisting medical
  401         condition” with respect to health maintenance
  402         contracts; requiring health maintenance organizations,
  403         contingent upon the occurrence of either of two
  404         specified events, to make at least one comprehensive
  405         major medical health maintenance contract available to
  406         all residents of this state within a specified
  407         timeframe; prohibiting such health maintenance
  408         organizations from excluding, limiting, denying, or
  409         delaying coverage under such contracts due to
  410         preexisting medical conditions; requiring such
  411         contracts to have been actively marketed on a
  412         specified date and during a certain timeframe before
  413         that date; defining the terms “EHB-benchmark plan” and
  414         “office”; requiring the office to conduct a study
  415         evaluating this state’s current benchmark plan for
  416         essential health benefits under PPACA and options for
  417         changing the benchmark plan for future plan years;
  418         requiring the office, in conducting the study, to
  419         consider plans and certain benefits used by other
  420         states and to compare costs with those of this state;
  421         requiring the office to solicit and consider proposed
  422         health plans from health insurers and health
  423         maintenance organizations in developing
  424         recommendations; requiring the office, by a certain
  425         date, to provide a report with certain recommendations
  426         and a certain analysis to the Governor and the
  427         Legislature; providing for severability; providing
  428         effective dates.