Florida Senate - 2019 CS for SB 322 By the Committee on Banking and Insurance; and Senator Simpson 597-02479-19 2019322c1 1 A bill to be entitled 2 An act relating to preexisting conditions; creating s. 3 627.6046, F.S.; defining the terms “operative date” 4 and “preexisting medical condition” with respect to 5 individual health insurance policies; requiring 6 insurers, contingent upon the occurrence of either of 7 two specified events, to make at least one 8 comprehensive major medical health insurance policy 9 available to all residents of this state within a 10 specified timeframe; prohibiting such insurers from 11 excluding, limiting, denying, or delaying coverage 12 under such policies due to preexisting medical 13 conditions; requiring such policies to have been 14 actively marketed on a specified date and during a 15 certain timeframe before that date; providing 16 applicability; creating s. 627.65612, F.S.; defining 17 the terms “operative date” and “preexisting medical 18 condition” with respect to group health insurance 19 policies; requiring insurers, contingent upon the 20 occurrence of either of two specified events, to make 21 at least one comprehensive major medical health 22 insurance policy available to all residents of this 23 state within a specified timeframe; prohibiting such 24 insurers from excluding, limiting, denying, or 25 delaying coverage under such policies due to 26 preexisting medical conditions; providing 27 applicability; amending s. 641.31, F.S.; defining the 28 terms “operative date” and “preexisting medical 29 condition” with respect to health maintenance 30 contracts; requiring health maintenance organizations, 31 contingent upon the occurrence of either of two 32 specified events, to make at least one comprehensive 33 major medical health maintenance contract available to 34 all residents of this state within a specified 35 timeframe; prohibiting such health maintenance 36 organizations from excluding, limiting, denying, or 37 delaying coverage under such contracts due to 38 preexisting medical conditions; requiring such 39 contracts to have been actively marketed on a 40 specified date and during a certain timeframe before 41 that date; providing an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. Section 627.6046, Florida Statutes, is created 46 to read: 47 627.6046 Limit on preexisting conditions.— 48 (1) As used in this section, the term: 49 (a) “Operative date” means the date on which either of the 50 following occurs with respect to the Patient Protection and 51 Affordable Care Act, Pub. L. No. 111-148, as amended by the 52 Health Care and Education Reconciliation Act of 2010, Pub. L. 53 No. 111-152 (PPACA): 54 1. A federal law is enacted which expressly repeals PPACA; 55 or 56 2. PPACA is invalidated by the United States Supreme Court. 57 (b) “Preexisting medical condition” means a condition that 58 was present before the effective date of coverage under a 59 policy, whether or not any medical advice, diagnosis, care, or 60 treatment was recommended or received before the effective date 61 of coverage. The term includes a condition identified as a 62 result of a preenrollment questionnaire or physical examination 63 given to the individual, or review of medical records relating 64 to the preenrollment period. 65 (2)(a) Not later than 30 days after the operative date, and 66 notwithstanding s. 627.6045 or any other law to the contrary, 67 every insurer issuing, delivering, or issuing for delivery 68 individual health insurance policies in this state shall make at 69 least one comprehensive major medical health insurance policy 70 available to all residents of this state, and such insurer may 71 not exclude, limit, deny, or delay coverage under such policy 72 due to one or more preexisting medical conditions. 73 (b) An insurer may not limit or exclude benefits under such 74 policy, including a denial of coverage applicable to an 75 individual as a result of information relating to an 76 individual’s health status before the individual’s effective 77 date of coverage, or if coverage is denied, the date of the 78 denial. 79 (3) The comprehensive major medical health insurance policy 80 that the insurer is required to offer under this section must be 81 a policy that had been actively marketed in this state by the 82 insurer as of the operative date and that was also actively 83 marketed in this state during the year immediately preceding the 84 operative date. 85 (4) This section does not apply to an insurer that issues 86 only limited benefit, disability income, specified disease, 87 Medicare supplement, or hospital indemnity policies in this 88 state. 89 Section 2. Section 627.65612, Florida Statutes, is created 90 to read: 91 627.65612 Limit on preexisting conditions.— 92 (1) As used in this section, the terms “operative date” and 93 “preexisting medical condition” have the same meanings as 94 provided in s. 627.6046. 95 (2)(a) Not later than 30 days after the operative date, and 96 notwithstanding s. 627.6561 or any other law to the contrary, 97 every insurer issuing, delivering, or issuing for delivery group 98 health insurance policies in this state shall make at least one 99 comprehensive major medical health insurance policy available to 100 all residents of this state, and such insurer may not exclude, 101 limit, deny, or delay coverage under such policy due to one or 102 more preexisting medical conditions. 103 (b) An insurer may not limit or exclude benefits under such 104 policy, including a denial of coverage applicable to an 105 individual as a result of information relating to an 106 individual’s health status before the individual’s effective 107 date of coverage, or if coverage is denied, the date of the 108 denial. 109 (3) This section does not apply to an insurer issuing only 110 limited benefit, disability income, specified disease, Medicare 111 supplement, or hospital indemnity policies in this state. 112 Section 3. Subsection (45) is added to section 641.31, 113 Florida Statutes, to read: 114 641.31 Health maintenance contracts.— 115 (45)(a) As used in this subsection, the terms “operative 116 date” and “preexisting medical condition” have the same meanings 117 as provided in s. 627.6046. 118 (b) Not later than 30 days after the operative date, and 119 notwithstanding s. 641.31071 or any other law to the contrary, 120 every health maintenance organization issuing, delivering, or 121 issuing for delivery individual or group contracts in this state 122 shall make at least one comprehensive major medical health 123 maintenance contract available to all residents of this state, 124 and such health maintenance organization may not exclude, limit, 125 deny, or delay coverage under such contract due to one or more 126 preexisting medical conditions. A health maintenance 127 organization may not limit or exclude benefits under such 128 contract, including a denial of coverage applicable to an 129 individual as a result of information relating to an 130 individual’s health status before the individual’s effective 131 date of coverage, or if coverage is denied, the date of the 132 denial. 133 (c) The comprehensive major medical health maintenance 134 contract the health maintenance organization is required to 135 offer under this section must be a contract that had been 136 actively marketed in this state by the health maintenance 137 organization as of the operative date and that was also actively 138 marketed in this state during the year immediately preceding the 139 operative date. 140 Section 4. This act shall take effect July 1, 2019.