Florida Senate - 2023                                     SB 312
       
       
        
       By Senator Collins
       
       
       
       
       
       14-00841-23                                            2023312__
    1                        A bill to be entitled                      
    2         An act relating to insurance; amending s. 627.4301,
    3         F.S.; revising restrictions on the use of genetic
    4         information for insurance purposes by life insurers
    5         and long-term care insurers; specifying a restriction
    6         on and an authorized use of genetic information for
    7         insurance purposes by disability income insurers;
    8         deleting a provision construing certain actions by
    9         life insurers and long-term care insurers; amending s.
   10         626.9541, F.S.; providing that certain restrictions
   11         against unfair discrimination or unlawful rebates do
   12         not include value-added products or services offered
   13         or provided by insurers or their agents if certain
   14         conditions are met; providing requirements for and
   15         restrictions on insurers or agents offering or
   16         providing such products or services; authorizing
   17         insurers or agents to provide such products or
   18         services as part of a pilot or testing program under
   19         certain circumstances; specifying authorized value
   20         added products and services; authorizing the Financial
   21         Services Commission to adopt rules; providing an
   22         effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (2) of section 627.4301, Florida
   27  Statutes, is amended to read:
   28         627.4301 Genetic information for insurance purposes.—
   29         (2) USE OF GENETIC INFORMATION.—
   30         (a) In the absence of a diagnosis of a condition related to
   31  genetic information, health insurers, life insurers, and long
   32  term care insurers authorized to transact insurance in this
   33  state may not cancel, limit, or deny coverage, or establish
   34  differentials in premium rates, based on such information.
   35         (b) Health insurers, life insurers, and long-term care
   36  insurers may not require or solicit genetic information, use
   37  genetic test results, or consider a person’s decisions or
   38  actions relating to genetic testing in any manner for any
   39  insurance purpose.
   40         (c) A life insurer, long-term care insurer, or disability
   41  income insurer authorized to transact insurance in this state:
   42         1.May not cancel coverage based on genetic information;
   43  require an applicant to take a genetic test as a condition of
   44  insurability; or obtain, request, or otherwise require the
   45  complete genome sequence of an applicant’s DNA.
   46         2.May use genetic information for underwriting purposes
   47  only if the genetic information is contained in the applicant’s
   48  medical record.
   49         (d) This section does not apply to the underwriting or
   50  issuance of an accident-only policy, hospital indemnity or fixed
   51  indemnity policy, dental policy, or vision policy or any other
   52  actions of an insurer directly related to an accident-only
   53  policy, hospital indemnity or fixed indemnity policy, dental
   54  policy, or vision policy.
   55         (d) Nothing in this section shall be construed as
   56  preventing a life insurer or long-term care insurer from
   57  accessing an individual’s medical record as part of an
   58  application exam. Nothing in this section prohibits a life
   59  insurer or long-term care insurer from considering a medical
   60  diagnosis included in an individual’s medical record, even if a
   61  diagnosis was made based on the results of a genetic test.
   62         Section 2. Paragraph (h) of subsection (1) of section
   63  626.9541, Florida Statutes, is amended to read:
   64         626.9541 Unfair methods of competition and unfair or
   65  deceptive acts or practices defined.—
   66         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
   67  ACTS.—The following are defined as unfair methods of competition
   68  and unfair or deceptive acts or practices:
   69         (h) Unlawful rebates.—
   70         1. Except as otherwise expressly provided by law, or in an
   71  applicable filing with the office, knowingly:
   72         a. Permitting, or offering to make, or making, any contract
   73  or agreement as to such contract other than as plainly expressed
   74  in the insurance contract issued thereon;
   75         b. Paying, allowing, or giving, or offering to pay, allow,
   76  or give, directly or indirectly, as inducement to such insurance
   77  contract, any unlawful rebate of premiums payable on the
   78  contract, any special favor or advantage in the dividends or
   79  other benefits thereon, or any valuable consideration or
   80  inducement whatever not specified in the contract;
   81         c. Giving, selling, or purchasing, or offering to give,
   82  sell, or purchase, as inducement to such insurance contract or
   83  in connection therewith, any stocks, bonds, or other securities
   84  of any insurance company or other corporation, association, or
   85  partnership, or any dividends or profits accrued thereon, or
   86  anything of value whatsoever not specified in the insurance
   87  contract.
   88         2. Nothing in paragraph (g) or subparagraph 1. of this
   89  paragraph shall be construed as including within the definition
   90  of discrimination or unlawful rebates:
   91         a. In the case of any contract of life insurance or life
   92  annuity, paying bonuses to all policyholders or otherwise
   93  abating their premiums in whole or in part out of surplus
   94  accumulated from nonparticipating insurance; provided that any
   95  such bonuses or abatement of premiums is fair and equitable to
   96  all policyholders and for the best interests of the company and
   97  its policyholders.
   98         b. In the case of life insurance policies issued on the
   99  industrial debit plan, making allowance to policyholders who
  100  have continuously for a specified period made premium payments
  101  directly to an office of the insurer in an amount which fairly
  102  represents the saving in collection expenses.
  103         c. Readjustment of the rate of premium for a group
  104  insurance policy based on the loss or expense thereunder, at the
  105  end of the first or any subsequent policy year of insurance
  106  thereunder, which may be made retroactive only for such policy
  107  year.
  108         d. Issuance of life insurance policies or annuity contracts
  109  at rates less than the usual rates of premiums for such policies
  110  or contracts, as group insurance or employee insurance as
  111  defined in this code.
  112         e. Issuing life or disability insurance policies on a
  113  salary savings, bank draft, preauthorized check, payroll
  114  deduction, or other similar plan at a reduced rate reasonably
  115  related to the savings made by the use of such plan.
  116         3.a. No title insurer, or any member, employee, attorney,
  117  agent, or agency thereof, shall pay, allow, or give, or offer to
  118  pay, allow, or give, directly or indirectly, as inducement to
  119  title insurance, or after such insurance has been effected, any
  120  rebate or abatement of the premium or any other charge or fee,
  121  or provide any special favor or advantage, or any monetary
  122  consideration or inducement whatever.
  123         b. Nothing in this subparagraph shall be construed as
  124  prohibiting the payment of fees to attorneys at law duly
  125  licensed to practice law in the courts of this state, for
  126  professional services, or as prohibiting the payment of earned
  127  portions of the premium to duly appointed agents or agencies who
  128  actually perform services for the title insurer. Nothing in this
  129  subparagraph shall be construed as prohibiting a rebate or
  130  abatement of an attorney fee charged for professional services,
  131  or that portion of the premium that is not required to be
  132  retained by the insurer pursuant to s. 627.782(1), or any other
  133  agent charge or fee to the person responsible for paying the
  134  premium, charge, or fee.
  135         c. No insured named in a policy, or any other person
  136  directly or indirectly connected with the transaction involving
  137  the issuance of such policy, including, but not limited to, any
  138  mortgage broker, real estate broker, builder, or attorney, any
  139  employee, agent, agency, or representative thereof, or any other
  140  person whatsoever, shall knowingly receive or accept, directly
  141  or indirectly, any rebate or abatement of any portion of the
  142  title insurance premium or of any other charge or fee or any
  143  monetary consideration or inducement whatsoever, except as set
  144  forth in sub-subparagraph b.; provided, in no event shall any
  145  portion of the attorney fee, any portion of the premium that is
  146  not required to be retained by the insurer pursuant to s.
  147  627.782(1), any agent charge or fee, or any other monetary
  148  consideration or inducement be paid directly or indirectly for
  149  the referral of title insurance business.
  150         4.a.Paragraph (g) or subparagraph 1. may not be construed
  151  as including within the definition of discrimination or unlawful
  152  rebates the offer or provision by an insurer or an agent of the
  153  insurer, including by or through employees, affiliates, or
  154  third-party representatives, of value-added products or services
  155  at no or reduced cost when such products or services are not
  156  specified in the insurance policy, if the product or service
  157  relates to the insurance coverage and is primarily designed to
  158  do one or more of the following:
  159         (I)Provide loss mitigation or loss control;
  160         (II)Reduce claim costs or claim settlement costs;
  161         (III)Provide education about liability risks or risk of
  162  loss to persons or property;
  163         (IV)Monitor or assess risk, identify sources of risk, or
  164  develop strategies for eliminating or reducing risk;
  165         (V)Enhance health;
  166         (VI)Enhance financial wellness through items such as
  167  education or financial planning services;
  168         (VII)Provide post-loss services;
  169         (VIII)Incentivize behavioral changes to improve the health
  170  or reduce the risk of death or disability of a policyholder,
  171  potential policyholder, certificateholder, potential
  172  certificateholder, insured, potential insured, or applicant; or
  173         (IX)Assist in the administration of employee or retiree
  174  benefit insurance coverage.
  175         b.The cost to the insurer or agent offering the product or
  176  service to a customer must be reasonable in comparison to the
  177  customer’s premiums or insurance coverage for the policy class.
  178         c.If the insurer or agent is providing the product or
  179  service, the insurer or agent must ensure that the customer is
  180  provided with contact information to assist the customer with
  181  questions regarding the product or service.
  182         d.The availability of the product or service must be based
  183  on documented objective evidence, and the product or service
  184  must be offered in a manner that is not unfairly discriminatory.
  185  The documented evidence must be maintained by the insurer or
  186  agent and produced upon request by the office or the department.
  187         e.If an insurer or agent has a good faith belief, but does
  188  not have sufficient evidence to demonstrate, that the product or
  189  service meets any of the criteria in sub-sub-subparagraphs
  190  a.(I)-(IX), the insurer or agent may provide the product or
  191  service in a manner that is not unfairly discriminatory as part
  192  of a pilot or testing program for up to 1 year. An insurer or
  193  agent must notify the office or department, as applicable, of
  194  such pilot or testing program offered to consumers in this state
  195  before commencing the program. The insurer or agent may commence
  196  the program unless the office or department, as applicable,
  197  objects to the program within 21 days after receiving the
  198  notice.
  199         f.An insurer, agent, or representative thereof may not
  200  offer or provide insurance as an inducement to the purchase of
  201  another policy or otherwise use the words “free,” “no cost,” or
  202  similar words in an advertisement.
  203         g.For purposes of this subparagraph, value-added products
  204  and services may include:
  205         (I)Offering or giving noncash gifts, items, or services,
  206  including meals to or charitable donations on behalf of a
  207  customer, in connection with the marketing, sale, purchase, or
  208  retention of contracts of insurance, provided the cost does not
  209  exceed an amount determined to be reasonable by commission rule
  210  per policy year per term. The offer must be made in a manner
  211  that is not unfairly discriminatory. The customer may not be
  212  required to purchase, continue to purchase, or renew a policy in
  213  exchange for the gift, item, or service.
  214         (II)Offering or giving noncash gifts, items, or services,
  215  including meals to or charitable donations on behalf of a
  216  customer, to commercial or institutional customers in connection
  217  with the marketing, sale, purchase, or retention of contracts of
  218  insurance, provided the cost is reasonable in comparison to the
  219  premium or proposed premium and the cost of the gift or service
  220  is not included in any amounts charged to another person or
  221  entity. The offer must be made in a manner that is not unfairly
  222  discriminatory. The customer may not be required to purchase,
  223  continue to purchase, or renew a policy in exchange for the
  224  gift, item, or service.
  225         (III)Conducting raffles or drawings permitted by state
  226  law, provided there is no financial cost to entrants for
  227  participating, the raffle or drawing does not obligate entrants
  228  to purchase insurance, the prizes are not valued in excess of a
  229  reasonable amount as determined by commission rule, and the
  230  raffle or drawing is open to the public. The raffle or drawing
  231  must be offered in a manner that is not unfairly discriminatory.
  232  The entrant may not be required to purchase, continue to
  233  purchase, or renew a policy in exchange for the gift, item, or
  234  service.
  235         h.The commission may adopt rules to administer this
  236  subparagraph to ensure consumer protection. Such rules,
  237  consistent with applicable law, may address, among other issues,
  238  consumer data protections and privacy, consumer disclosure, and
  239  unfair discrimination.
  240         Section 3. This act shall take effect July 1, 2023.