Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 418
       
       
       
       
       
       
                                Ì166758YÎ166758                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2019           .                                
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       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.