Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 626
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Banking and Insurance (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (3) of section 631.713, Florida
    6  Statutes, is amended to read:
    7         631.713 Application of part.—
    8         (3) This part does not apply to:
    9         (a) That portion or part of a variable life insurance
   10  contract or variable annuity contract not guaranteed by an
   11  insurer.
   12         (b) That portion or part of any policy or contract under
   13  which the risk is borne by the policyholder.
   14         (c) Any policy or contract or part thereof assumed by the
   15  impaired or insolvent insurer under a contract of reinsurance,
   16  other than reinsurance for which assumption certificates have
   17  been issued.
   18         (d) Fraternal benefit societies as defined in s. 632.601.
   19         (e) Health maintenance organizations, except for
   20  assessments levied pursuant to ss. 631.715(2)(a)1.,
   21  631.718(3)(b), and 631.819(2)(c) for long-term care insurer
   22  impairments or insolvencies insurance.
   23         (f) Dental service plan insurance.
   24         (g) Pharmaceutical service plan insurance.
   25         (h) Optometric service plan insurance.
   26         (i) Ambulance service association insurance.
   27         (j) Preneed funeral merchandise or service contract
   28  insurance.
   29         (k) Prepaid health clinic insurance.
   30         (l) Any annuity contract or group annuity contract that is
   31  not issued to and owned by an individual, except to the extent
   32  of any annuity benefits:
   33         1. Guaranteed directly and not through an intermediary to
   34  an individual by an insurer under such contract or certificate;
   35         2. Under an annuity issued by an insurer under 26 U.S.C. s.
   36  408(b); or
   37         3. Under an annuity issued by an insurer and held by a
   38  custodian or trustee in accordance with 26 U.S.C. s. 408(a).
   39  
   40  This paragraph applies to every insolvency regardless of its
   41  date of inception, and an assessment base may not include
   42  premiums for such excluded products.
   43         (m) Any federal employees’ group policy or contract that,
   44  under 5 U.S.C. s. 8909(f), is prohibited from being subject to
   45  an assessment under s. 631.718.
   46         (n) Except as provided in this paragraph, a portion of a
   47  policy or contract, to the extent that the rate of interest on
   48  which the policy or contract is based, or the interest rate,
   49  crediting rate, or similar factor determined by use of an index
   50  or other external reference stated in the policy or contract
   51  employed in calculating returns or changes in value:
   52         1. Averaged over the period of 4 years immediately
   53  preceding the date on which the member insurer becomes an
   54  impaired or insolvent insurer under this part, whichever is
   55  earlier, exceeds the rate of interest determined by subtracting
   56  2 percentage points from Moody’s Corporate Bond Yield Average
   57  averaged for that same 4-year period or for such lesser period
   58  if the policy or contract was issued less than 4 years before
   59  the member insurer becomes an impaired or insolvent insurer
   60  under this part, whichever is earlier; and
   61         2. On and after the date on which the member insurer
   62  becomes an impaired or insolvent insurer under this part,
   63  whichever is earlier, exceeds the rate of interest determined by
   64  subtracting 3 percentage points from the most current version of
   65  Moody’s Corporate Bond Yield Average.
   66  
   67  This paragraph does not apply to any portion of a policy or
   68  contract, including a rider, which provides long-term care or
   69  any other health insurance benefit.
   70         (o) A portion of a policy or contract to the extent the
   71  policy or contract provides for interest or other changes in
   72  value to be determined by the use of an index or other external
   73  reference stated in the policy or contract, but which has not
   74  been credited to the policy or contract, or as to which the
   75  policy or contract owner’s rights are subject to forfeiture, as
   76  of the date the member insurer becomes an impaired or insolvent
   77  insurer under this part. However, if the interest or change in
   78  value is credited less frequently than annually as determined by
   79  using the procedures defined in the policy or contract, interest
   80  or change in value shall be credited by using the procedure
   81  defined in the policy or contract as if the contractual date of
   82  crediting interest or changing values was the date of impairment
   83  or insolvency, whichever is earlier, and shall not be subject to
   84  forfeiture.
   85         (p) A policy or contract providing any hospital, medical,
   86  prescription drug, or other health care benefits pursuant to
   87  Title XVIII (Medicare), Title XIX (Medicaid), or Title XXI (the
   88  Children’s Health Insurance Program) of the Social Security Act
   89  Medicare part C or part D or any regulations promulgated
   90  thereunder issued pursuant to Medicare Part C or Part D.
   91         (q) Structured settlement annuity benefits to which a
   92  payee, or a beneficiary if the payee is deceased, has
   93  transferred his or her rights in a structured settlement
   94  factoring transaction, as that term is defined in 26 U.S.C. s.
   95  5891(c)(3)(A).
   96         Section 2. Present subsections (7) through (10) of section
   97  631.714, Florida Statutes, are redesignated as subsections (8)
   98  through (11), respectively, and a new subsection (7) is added to
   99  that section, to read:
  100         631.714 Definitions.—As used in this part, the term:
  101         (7) “Long-term care assessment obligations” means the long
  102  term care impairment and long-term care insolvency assessment
  103  obligations of the association which are subject to assessment
  104  pursuant to ss. 631.715(2)(a)1. and 631.718(3)(b) in
  105  coordination with the Florida Health Maintenance Organization
  106  Consumer Assistance Plan, through a methodology provided in the
  107  association’s plan of operation. All obligations other than
  108  long-term care assessment obligations are subject to assessment
  109  exclusively by the association in accordance with s.
  110  631.718(2)(b) and (3)(c), without contribution or involvement of
  111  the Florida Health Maintenance Organization Consumer Assistance
  112  Plan.
  113         Section 3. Subsection (1) of section 631.716, Florida
  114  Statutes, is amended to read:
  115         631.716 Board of directors.—
  116         (1)(a) The board of directors of the association shall have
  117  at least 9, but no more than 11, members. The members shall be
  118  comprised of not fewer than five nor more than nine member
  119  insurers, serving terms as established in the plan of operation
  120  and 1 Florida Health Maintenance Organization Consumer
  121  Assistance Plan director confirmed pursuant to paragraph (b),
  122  who shall be a nonmember-insurer board representative. At all
  123  times, at least 1 one member of the board must shall be a
  124  domestic insurer as defined in s. 624.06(1). The members of the
  125  board who are member insurers shall be elected by member
  126  insurers, subject to the approval of the department.
  127         (b) The board shall confirm, subject to the approval of the
  128  department, the Florida Health Maintenance Organization Consumer
  129  Assistance Plan director. The director confirmed to the board
  130  must be designated by the Florida Health Maintenance
  131  Organization Consumer Assistance Plan’s board of directors to
  132  serve on the board and represent the interests of the Florida
  133  Health Maintenance Organization Consumer Assistance Plan and its
  134  board of directors. An individual serving as a Florida Health
  135  Maintenance Organization Consumer Assistance Plan director on
  136  the board must be a member of the Florida Health Maintenance
  137  Organization Consumer Assistance Plan board of directors. The
  138  Florida Health Maintenance Organization Consumer Assistance Plan
  139  director, or his or her alternate, has the right to be present
  140  at all meetings of the board and has full voting rights on all
  141  issues.
  142         (c) A vacancy on the board shall be filled for the
  143  remaining period of the term by a majority vote of the remaining
  144  board members, subject to the approval of the department. Prior
  145  to the selection of the initial board of directors and the
  146  organization of the association, the department shall give
  147  notice to all member insurers of the time and place of the
  148  organizational meeting. At the organizational meeting, each
  149  member insurer shall be entitled to one vote, in person or by
  150  proxy. If the board of directors is not elected within 60 days
  151  after notice of the organizational meeting, the department may
  152  appoint the initial members.
  153         Section 4. Present subsections (9) through (12) of section
  154  631.717, Florida Statutes, are redesignated as subsections (12)
  155  through (15), respectively, new subsections (9), (10), and (11)
  156  are added to that section, subsections (2) and (3), paragraph
  157  (c) of present subsection (9), and paragraph (g) of present
  158  subsection (12) are amended, and paragraph (h) is added to
  159  present subsection (12) of that section, to read:
  160         631.717 Powers and duties of the association.—
  161         (2) If a domestic insurer is an insolvent insurer, the
  162  association shall, subject to the approval of the department:
  163         (a) Guarantee, assume, reissue, or reinsure, or cause to be
  164  guaranteed, assumed, reissued, or reinsured, the covered
  165  policies of persons referred to in s. 631.713(2); and
  166         (b) Provide moneys, pledges, notes, guarantees, or other
  167  means that are proper and reasonably necessary to implement
  168  paragraph (a) in order to assure payment of the contractual
  169  obligations of the insolvent insurer with regard to persons
  170  referred to in s. 631.713(2).
  171         (3) If a foreign or alien insurer is an insolvent insurer,
  172  the association shall, subject to the approval of the
  173  department:
  174         (a) Guarantee, assume, reissue, or reinsure, or cause to be
  175  guaranteed, assumed, reissued, or reinsured, the covered
  176  policies of residents of this state; and
  177         (b) Provide moneys, pledges, notes, guarantees, or other
  178  means that are proper and reasonably necessary to implement
  179  paragraph (a) in order to assure payment of the contractual
  180  obligations of the insolvent insurer with regard to persons
  181  referred to in s. 631.713(2).
  182  
  183  However, this subsection does not apply when the department has
  184  determined that the foreign or alien insurer’s domiciliary
  185  jurisdiction or state of entry provides, by statute, protection
  186  substantially similar to that provided by this part for
  187  residents of this state.
  188         (9) For purposes of this part, benefits provided by a long
  189  term care rider to a life insurance policy or annuity contract
  190  are considered the same type of benefits as the base life
  191  insurance policy or annuity contract to which the rider relates.
  192         (10) In the event of a potential long-term care insurer
  193  impairment or insolvency, the association shall coordinate its
  194  activities with the Florida Health Maintenance Organization
  195  Consumer Assistance Plan, including the development of any plan
  196  for handling the administration of the impairment or insolvency.
  197         (11) The association shall share information, including
  198  data, with and assist, as applicable, the board of directors of
  199  the Florida Health Maintenance Organization Consumer Assistance
  200  Plan with the administration and collection of member health
  201  maintenance organization assessments for long-term care insurer
  202  impairments or insolvencies pursuant to ss. 631.715(2)(a)1.,
  203  631.718(3)(b), 631.818(2), and 631.819(2)(c).
  204         (12)(9) The association’s liability for the contractual
  205  obligations of the insolvent insurer must be as great as, but no
  206  greater than, the contractual obligations of the insurer in the
  207  absence of such insolvency, unless such obligations are reduced
  208  as permitted by subsection (4), but the aggregate liability of
  209  the association with respect to one life shall not exceed the
  210  following:
  211         (c) For all other benefits, including in long-term care
  212  policies, $300,000, including cash values, except as provided in
  213  paragraph (d).
  214  
  215  In no event is the association liable for any penalties or
  216  interest.
  217         (15)(12)
  218         (g) In carrying out its duties in connection with
  219  guaranteeing, assuming, reissuing, or reinsuring policies or
  220  contracts under subsections (2) and (3), the association may,
  221  subject to approval of the department receivership court, issue
  222  an alternative policy or contract to substitute coverage for a
  223  policy or contract providing that provides an interest rate,
  224  crediting rate, or similar factor that was determined by use of
  225  an index or other external reference stated in the policy or
  226  contract and employed in calculating returns or changes in value
  227  by issuing an alternative policy or contract. In lieu of the
  228  index or other external reference provided for in the original
  229  policy or contract, the alternative policy or contract must
  230  provide for a fixed interest rate, payment of dividends with
  231  minimum guarantees, or a different method for calculating
  232  interest or changes in value. In such case:
  233         1. There is no requirement for evidence of insurability,
  234  waiting period, or other exclusion that would not have applied
  235  under the replaced policy or contract.
  236         2. The alternative policy or contract shall be
  237  substantially similar to the replaced policy or contract in all
  238  other material terms.
  239         (h) In accordance with the terms and conditions of the
  240  policy or contract, the board may directly file for actuarially
  241  justified rate or premium increases for any policy or contract
  242  for which it provides coverage under this part.
  243         Section 5. Paragraph (b) of subsection (3), paragraph (a)
  244  of subsection (5), and subsection (8) of section 631.718,
  245  Florida Statutes, are amended to read:
  246         631.718 Assessments.—
  247         (3)
  248         (b)1. The amount of any Class B assessment, except for
  249  assessments related to long-term care insurance, must shall be
  250  allocated for assessment purposes among the accounts pursuant to
  251  an allocation formula, which may be based on the premiums or
  252  reserves of the impaired or insolvent insurer.
  253         2. The amount of the Class B assessment for long-term care
  254  insurance written by the impaired or insolvent insurer must be
  255  allocated according to a methodology included in the plan of
  256  operation and approved by the department. The methodology must
  257  provide for 50 percent of the assessment to be allocated to
  258  accident and health member insurers and 50 percent to be
  259  allocated to life and annuity member insurers.
  260         3. For the purposes of the methodology outlined in
  261  subparagraph 2. and included in the plan of operation, the
  262  accident and health member insurers’ share of the assessment
  263  must be calculated by including the assessable premiums of
  264  member health maintenance organizations of the Florida Health
  265  Maintenance Organization Consumer Assistance Plan.
  266         (5)(a)1. The total of all assessments upon a member insurer
  267  for each account may not in any one calendar year exceed 1
  268  percent of the sum of the insurer’s premiums written in this
  269  state regarding business covered by the account received during
  270  the 3 calendar years preceding the year in which the assessment
  271  is made, divided by three. If premium information for the 3-year
  272  period is not reasonably available for each member insurer, the
  273  association may use any reasonably available premium
  274  information.
  275         2. For long-term care insurer impairments and insolvencies
  276  only, the total assessments upon a member insurer or member
  277  health maintenance organization of the Florida Health
  278  Maintenance Organization Consumer Assistance Plan may not, in
  279  any one calendar year, exceed 0.5 percent of the sum of the
  280  member insurer or member health maintenance organization’s
  281  premiums written in this state regarding business covered by the
  282  account received during the calendar year preceding the year in
  283  which the assessment is made. If premium information is not
  284  reasonably available for each member insurer or member health
  285  maintenance organization of the Florida Health Maintenance
  286  Organization Consumer Assistance Plan, the association or the
  287  Florida Health Maintenance Organization Consumer Assistance Plan
  288  may use any reasonably available premium information.
  289         (8) The association shall issue to each member insurer
  290  paying an assessment under this part, other than a Class A
  291  assessment, a certificate of contribution, in a form prescribed
  292  by the department, for the amount of the assessment so paid. All
  293  outstanding certificates are of equal dignity and priority
  294  without reference to amounts or dates of issue. A certificate of
  295  contribution may be shown by the insurer in its financial
  296  statement as an asset in such form and for such amount, if any,
  297  and period of time as the department approves. However, any
  298  amount offset pursuant to s. 631.72 may not be shown as an asset
  299  of the insurer on any of its financial statements.
  300         Section 6. Paragraph (b) of subsection (1), paragraph (f)
  301  of subsection (3), and subsection (4) of section 631.721,
  302  Florida Statutes, are amended to read:
  303         631.721 Plan of operation.—
  304         (1)
  305         (b) If the association fails to submit a suitable proposed
  306  plan of operation within 180 days following October 1, 1979, or
  307  If at any time thereafter the association fails to submit
  308  suitable amendments to the plan, the department shall, after
  309  notice and hearing, adopt such reasonable rules as are necessary
  310  to effectuate the provisions of this part. Such rules shall
  311  continue in force until modified by the department or superseded
  312  by a proposed plan submitted by the association and approved by
  313  the department.
  314         (3) The plan of operation shall, in addition to
  315  requirements enumerated elsewhere in this part:
  316         (f) Establish any additional procedures for assessments
  317  under s. 631.718, including procedures to share assessment
  318  information, including data, with and assist, as applicable, the
  319  board of directors of the Florida Health Maintenance
  320  Organization Consumer Assistance Plan with the administration,
  321  collection, and deposit of member health maintenance
  322  organization assessments for long-term care insurer impairments
  323  and insolvencies into the health account established under s.
  324  631.715.
  325         (4) The plan of operation may provide that any or all
  326  powers and duties of the association, except those under ss.
  327  631.717(13)(c) and 631.718 ss. 631.717(10)(c) and 631.718, are
  328  delegated to a corporation, association, or other organization
  329  which performs or will perform functions similar to those of
  330  this association, or its equivalent, in two or more states. Such
  331  a corporation, association, or organization shall be reimbursed
  332  for any payments made on behalf of the association and shall be
  333  paid for its performance of any function of the association. A
  334  delegation under this subsection shall take effect only with the
  335  approval of both the board of directors and the department and
  336  may be made only to a corporation, association, or organization
  337  which extends protection not substantially less favorable and
  338  effective than that provided by this part.
  339         Section 7. Section 631.738, Florida Statutes, is created to
  340  read:
  341         631.738 Applicability as to certain member insurers.—The
  342  provisions of this part which relate to long-term care
  343  assessment obligations do not apply to any member insurer that,
  344  on or before the effective date of this act, has been adjudged
  345  insolvent by a court of competent jurisdiction or has been
  346  determined by the department to be impaired.
  347         Section 8. Subsection (7) is added to section 631.816,
  348  Florida Statutes, to read:
  349         631.816 Board of directors.—
  350         (7) Subject to the approval of the department, the board
  351  shall designate one representative to serve as a member of the
  352  board of directors of the Florida Life and Health Insurance
  353  Guaranty Association pursuant to s. 631.716(1). The
  354  representative, or his or her alternate, has the right to be
  355  present during all meetings of the association board of
  356  directors and shall have full voting rights.
  357         Section 9. Present subsections (2) through (6) of section
  358  631.818, Florida Statutes, are redesignated as subsections (3)
  359  through (7), respectively, a new subsection (2) is added to that
  360  section, present subsection (4) is amended, present paragraph
  361  (f) of present subsection (6) is redesignated as paragraph (g),
  362  and a new paragraph (f) is added to that subsection, to read:
  363         631.818 Powers and duties of the plan.—
  364         (2) In the event of a long-term care insurer impairment or
  365  insolvency, pursuant to s. 631.819(2)(c), the plan shall:
  366         (a)Collect and transmit all information requested by the
  367  Florida Life and Health Insurance Guaranty Association for the
  368  association to determine the appropriate assessment base of the
  369  health insurance account pursuant to ss. 631.715(2)(a)1. and
  370  631.718(3)(b).
  371         (b)Levy and collect assessments from HMOs.
  372         (c)Coordinate the administration and collection of member
  373  HMO assessments for long-term care insurer impairments and
  374  insolvencies with the Florida Life and Health Insurance Guaranty
  375  Association.
  376         (5)(4) The plan may render assistance and advice to the
  377  department, at the department’s request, concerning
  378  rehabilitation, payment of claims, continuance of coverage, or
  379  the performance of other contractual obligations of any HMO
  380  subject to a delinquency proceeding or a proceeding under s.
  381  624.90.
  382         (7)(6) The plan may:
  383         (f) In the event of a long-term care insurer impairment or
  384  insolvency, coordinate with the Florida Life and Health
  385  Insurance Guaranty Association to carry out the responsibilities
  386  of the association for the limited purpose of the long-term care
  387  insurer impairment or insolvency, including the development of
  388  any plan for handling the administration of the impairment or
  389  insolvency.
  390         Section 10. Subsections (1) and (3) of section 631.819,
  391  Florida Statutes, are amended, paragraph (c) is added to
  392  subsection (2), and subsection (6) is added to that section, to
  393  read:
  394         631.819 Assessments.—
  395         (1) For the purposes of providing the funds necessary to
  396  carry out the powers and duties of the plan, the board of
  397  directors shall assess the member HMOs at such time and for such
  398  amounts as the board finds necessary. Assessments shall be due
  399  not less than 30 days after written notice to the member HMOs
  400  insurers.
  401         (2) Assessments for funds to meet the requirements of the
  402  plan with respect to an insolvent HMO shall not be made until
  403  necessary to implement the purposes of this part. In order to
  404  carry out its duties and powers under this part, upon the
  405  insolvency of an HMO, the plan shall levy and collect
  406  assessments as follows:
  407         (c) For the purposes of long-term care insurer impairment
  408  and insolvency assessments under s. 631.718(3)(b), member HMOs
  409  must be assessed in the same manner as member insurers of the
  410  Florida Life and Health Insurance Guaranty Association under
  411  part III of this chapter. Long-term care insurer impairment and
  412  insolvency assessments must be levied and collected by the plan
  413  pursuant to this part, deposited into the health insurance
  414  account established under s. 631.715, and used solely for long
  415  term care insurer impairment or insolvency obligations.
  416  Assessments collected from member HMOs are considered part of
  417  and satisfy the obligations of the health insurance account
  418  under ss. 631.715(2)(a)1. and 631.718(3)(b).
  419         (3) All assessments against HMOs, including long-term care
  420  insurer impairment and insolvency assessments, must shall be
  421  levied as a percentage of annual earned premium revenue for non
  422  Medicare and non-Medicaid contracts. In no event may the plan
  423  assess in any calendar year more than 0.5 percent of each HMO’s
  424  annual earned premium revenue for non-Medicare and non-Medicaid
  425  contracts.
  426         (6)The plan shall issue, in a form prescribed by the
  427  department, a certificate of contribution to each member HMO
  428  paying a long-term care insurer impairment or insolvency
  429  assessment under this part for the amount of the assessment so
  430  paid. All outstanding certificates are of equal dignity and
  431  priority without reference to amounts or dates of issue. A
  432  certificate of contribution may be shown by the member HMO in
  433  its financial statement as an asset in such form and for such
  434  amount and period of time as the department approves. However,
  435  any amount offset pursuant to s. 631.828 may not be shown as an
  436  asset of the member HMO on any of its financial statements.
  437         Section 11. Paragraph (f) of subsection (3) and paragraph
  438  (a) of subsection (4) of section 631.820, Florida Statutes, are
  439  amended to read:
  440         631.820 Plan of operation.—
  441         (3) The plan of operation shall, in addition to
  442  requirements enumerated elsewhere in this part:
  443         (f) Establish any additional procedures for assessments
  444  under this part, including procedures to coordinate the
  445  administration and collection of member HMO assessments for
  446  long-term care insurer impairments and insolvencies with the
  447  board of directors of the Florida Life and Health Insurance
  448  Guaranty Association.
  449         (4)(a) The plan of operation may provide that any or all
  450  powers and duties of the plan, except those under ss.
  451  631.818(7)(b) and (c) and 631.819 ss. 631.818(6)(b) and (c) and
  452  631.819, are delegated to an administrator that which may be a
  453  corporation, association, or other organization that which
  454  performs or will perform functions similar to those of this
  455  plan, or its equivalent.
  456         Section 12. Subsection (2) of section 631.821, Florida
  457  Statutes, is amended to read:
  458         631.821 Powers and duties of the department.—
  459         (2) Any action of the board of directors of the plan may be
  460  appealed to the office by any member HMO if such appeal is taken
  461  within 21 days of the action being appealed; however, the HMO
  462  must comply with such action pending exhaustion of appeal under
  463  s. 631.818(2). Any appeal shall be promptly determined by the
  464  office, and final action or order of the office shall be subject
  465  to judicial review in a court of competent jurisdiction.
  466         Section 13. The Division of Law Revision is directed to
  467  replace the phrase “the effective date of this act” wherever it
  468  occurs in this act with the date this act becomes a law.
  469         Section 14. This act shall take effect upon becoming a law.
  470  
  471  ================= T I T L E  A M E N D M E N T ================
  472  And the title is amended as follows:
  473         Delete everything before the enacting clause
  474  and insert:
  475                        A bill to be entitled                      
  476         An act relating to insurer guaranty associations;
  477         amending s. 631.713, F.S.; revising applicability of
  478         part III of ch. 631, F.S., as to health maintenance
  479         organizations, long-term care insurance benefits,
  480         certain health care benefits, and certain structured
  481         settlement annuity benefits; amending s. 631.714,
  482         F.S.; defining the term “long-term care assessment
  483         obligations”; amending s. 631.716, F.S.; revising the
  484         number of members and composition of the Florida Life
  485         and Health Insurance Guaranty Association’s board of
  486         directors; specifying requirements relating to the
  487         director of the Florida Health Maintenance
  488         Organization Consumer Assistance Plan to be confirmed
  489         to the association’s board; specifying rights of the
  490         director or his or her alternate; deleting an obsolete
  491         provision; amending s. 631.717, F.S.; adding the
  492         reissuance of covered policies to a list of duties of
  493         the association relating to insolvent insurers;
  494         providing construction; specifying duties of the
  495         association as to potential long-term care insurer
  496         impairments or insolvencies, sharing information, and
  497         providing assistance to the Florida Health Maintenance
  498         Organization Consumer Assistance Plan’s board of
  499         directors; revising applicability of a specified limit
  500         on the association’s liability for the contractual
  501         obligations of an insolvent insurer; conforming a
  502         provision to changes made by the act; requiring that
  503         the Department of Financial Services, rather than a
  504         receivership court, approve certain alternative
  505         policies or contracts; authorizing the board to file
  506         directly for actuarially justified rate or premium
  507         increases; amending s. 631.718, F.S.; specifying the
  508         calculation and allocation of Class B assessments for
  509         long-term care insurance; specifying a limit on
  510         certain assessments on a member insurer or member
  511         health maintenance organization; conforming provisions
  512         to changes made by the act; amending s. 631.721, F.S.;
  513         deleting an obsolete provision; revising the
  514         requirements of the association’s plan of operation
  515         relating to long-term care insurer impairments and
  516         insolvencies; conforming a cross-reference; creating
  517         s. 631.738, F.S.; providing applicability of certain
  518         provisions to certain member insurers; amending s.
  519         631.816, F.S.; adding duties of the board of directors
  520         of the Florida Health Maintenance Organization
  521         Consumer Assistance Plan to conform to changes made by
  522         the act; amending s. 631.818, F.S.; adding to the
  523         duties of the plan to conform to changes made by the
  524         act; amending s. 631.819, F.S.; specifying
  525         requirements for long-term care insurer impairment and
  526         insolvency assessments for member health maintenance
  527         organizations; requiring the plan to issue
  528         certificates of contribution to member health
  529         maintenance organizations paying certain assessments;
  530         specifying requirements of, and the use of, such
  531         certificates; amending s. 631.820, F.S.; conforming
  532         provisions to changes made by the act; amending s.
  533         631.821, F.S.; making a technical change; providing a
  534         directive to the Division of Law Revision; providing
  535         an effective date.