Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 418 Ì166758YÎ166758 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/25/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Simpson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Study of state essential health benefits 6 benchmark plan; report.— 7 (1) As used in this section, the term: 8 (a) “EHB-benchmark plan” has the same meaning as provided 9 in 45 C.F.R. s. 156.20. 10 (b) “Office” means the Office of Insurance Regulation. 11 (2) The office shall conduct a study to evaluate this 12 state’s current EHB-benchmark plan for nongrandfathered 13 individual and group health plans and options for changing the 14 EHB-benchmark plan pursuant to 45 C.F.R. s. 156.111 for future 15 plan years. In conducting the study, the office shall: 16 (a) Consider EHB-benchmark plans and benefits under the 10 17 essential health benefits categories established under 45 C.F.R. 18 s. 156.110(a) which are used by the other 49 states; 19 (b) Compare the costs of benefits within such categories 20 and overall costs of EHB-benchmark plans used by other states 21 with the costs of benefits within the categories and overall 22 costs of the current EHB-benchmark plan of this state; and 23 (c) Solicit and consider proposed individual and group 24 health plans from health insurers and health maintenance 25 organizations in developing recommendations for changes to the 26 current EHB-benchmark plan. 27 (3) By October 30, 2019, the office shall submit a report 28 to the Governor, the President of the Senate, and the Speaker of 29 the House of Representatives which must include recommendations 30 for changing the current EHB-benchmark plan to provide 31 comprehensive care at a lower cost than this state’s current 32 EHB-benchmark plan. In its report, the office shall provide an 33 analysis as to whether proposed health plans it receives under 34 paragraph (2)(c) meet the requirements for an EHB-benchmark plan 35 under 45 C.F.R. s. 156.111(b). 36 (4) Health plans created by health insurers and health 37 maintenance organizations under this section: 38 (a) May be submitted to the office for consideration as 39 part of the study under this section; and 40 (b) May also be submitted to the office for evaluation as 41 equivalent to the current state EHB-benchmark plan or to any 42 EHB-benchmark plan created in the future. 43 Section 2. Section 627.443, Florida Statutes, is created to 44 read: 45 627.443 Essential health benefits.— 46 (1) As used in this section, the term: 47 (a) “EHB-benchmark plan” has the same meaning as provided 48 in 45 C.F.R. s. 156.20. 49 (b) “PPACA” has the same meaning as in s. 627.402. 50 (2) A health insurer or health maintenance organization 51 issuing or delivering an individual or a group health insurance 52 policy or health maintenance contract in this state may create a 53 new health insurance policy or health maintenance contract that: 54 (a) Must include at least one service or coverage under 55 each of the 10 essential health benefits categories under 42 56 U.S.C. s. 18022(b) which are required under PPACA; 57 (b) May fulfill the requirement in paragraph (a) by 58 selecting one or more services or coverages for each of the 59 required categories from the list of essential health benefits 60 required by any single state or multiple states; and 61 (c) May comply with paragraphs (a) and (b) by selecting one 62 or more services or coverages from any one or more of the 63 required categories of essential health benefits from one state 64 or multiple states. 65 (3) This section specifically authorizes an insurer or 66 health maintenance organization to include any combination of 67 services or coverages required by any one or a combination of 68 states to provide the 10 categories of essential health benefits 69 required under PPACA in a policy or contract issued in this 70 state. 71 (4) Health insurance policies and health maintenance 72 contracts created by health insurers and health maintenance 73 organizations under this section: 74 (a) May be submitted to the office for consideration as 75 part of the office’s study of this state’s essential health 76 benefits benchmark plan; and 77 (b) May also be submitted to the office for evaluation as 78 equivalent to the current state EHB-benchmark plan or to any 79 EHB-benchmark plan created in the future. 80 Section 3. This act shall take effect upon becoming a law. 81 82 ================= T I T L E A M E N D M E N T ================ 83 And the title is amended as follows: 84 Delete everything before the enacting clause 85 and insert: 86 A bill to be entitled 87 An act relating to essential health benefits under 88 health plans; defining the terms “EHB-benchmark plan” 89 and “office”; requiring the Office of Insurance 90 Regulation to conduct a study evaluating this state’s 91 current benchmark plan for essential health benefits 92 under the federal Patient Protection and Affordable 93 Care Act (PPACA) and options for changing the 94 benchmark plan for future plan years; requiring the 95 office, in conducting the study, to consider plans and 96 certain benefits used by other states and compare 97 costs with those of this state; requiring the office 98 to solicit and consider proposed health plans from 99 health insurers and health maintenance organizations 100 in developing recommendations; requiring the office, 101 by a certain date, to provide a report with certain 102 recommendations and a certain analysis to the Governor 103 and the Legislature; providing that health plans 104 created by health insurers and health maintenance 105 organizations may be submitted to the office for 106 certain purposes; creating s. 627.443, F.S.; defining 107 the terms “EHB-benchmark plan” and “PPACA”; 108 authorizing health insurers and health maintenance 109 organizations to create new health insurance policies 110 and health maintenance contracts meeting certain 111 criteria for essential health benefits under PPACA; 112 providing that such criteria may be met by certain 113 means; providing construction; providing that such 114 policies and contracts created by health insurers and 115 health maintenance organizations may be submitted to 116 the office for certain purposes; providing an 117 effective date.