Florida Senate - 2023 SB 940 By Senator Calatayud 38-00715-23 2023940__ 1 A bill to be entitled 2 An act relating to multiple-employer welfare 3 arrangements; amending s. 624.438, F.S.; revising 4 eligibility requirements for a bona fide group to 5 qualify as a multiple-employer welfare arrangement; 6 providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Paragraph (b) of subsection (1) of section 11 624.438, Florida Statutes, is amended to read: 12 624.438 General eligibility.— 13 (1) To meet the requirements for issuance of a certificate 14 of authority and to maintain a multiple-employer welfare 15 arrangement, an arrangement: 16 (b) Must be established by a trade association, industry 17 association, professional association of employers or 18 professionals, or a bona fide group thatas defined in 29 C.F.R.19part 2510.3-5 whichhas a constitution or bylaws specifically 20 stating its purpose and which has been organized for purposes in 21 addition to obtaining or providing insurance. 22 1. A trade association consists of member employers who are 23 in the same trade as recognized by the appropriate licensing 24 agency. 25 2. An industry association consists of member employers who 26 are in the same major group code, as defined by the Standard 27 Industrial Classification Manual issued by the federal Office of 28 Management and Budget, unless restricted by subparagraph 1. or 29 subparagraph 3. 30 3. A professional association consists of member employers 31 who are of the same profession as recognized by the appropriate 32 licensing agency. 33 4. A bona fide group that is an employee welfare benefit 34 plan includes a group or association of employers which meets 35 all of the following requirements: 36 a. The primary purpose of the group or association is to 37 offer and provide health coverage to its employer members and 38 their employees. However, the group or association must also 39 have at least one substantial business purpose unrelated to such 40 primary purpose. For purposes of this sub-subparagraph, a 41 substantial business purpose is deemed to exist if the group or 42 association would be a viable entity in the absence of 43 sponsoring an employee benefit plan. A substantial business 44 purpose includes promoting common business interests of its 45 members or the common economic interests in a given trade or 46 employer community and is not required to be a for-profit 47 activity. 48 b. Each employer member of the group or association which 49 participates in the group health plan is a person acting 50 directly as an employer of at least one employee who is a 51 participant covered under the plan. 52 c. The group or association has a formal organizational 53 structure with a governing body and has bylaws or other similar 54 indications of formality. 55 d. The functions and activities of the group or association 56 are controlled by its employer members, and the group’s or 57 association’s employer members that participate in the group 58 health plan control the plan. Control must be present both in 59 form and in substance. 60 e. The employer members have a principal place of business 61 in the same region that does not exceed the boundaries of a 62 single state or metropolitan area, even if the metropolitan area 63 includes more than one state. 64 f. The group or association does not make health coverage 65 through the group’s or association’s group health plan available 66 to any person other than: 67 (I) An employee of a current employer member of the group 68 or association; 69 (II) A former employee of a current employer member of the 70 group or association who became eligible for coverage under the 71 group health plan when the former employee was an employee of 72 the employer; or 73 (III) A beneficiary, such as a spouse or dependent child, 74 of an individual described in sub-sub-subparagraph (I) or sub 75 sub-subparagraph (II). 76 g. The group or association and the health coverage offered 77 by the group or association comply with the nondiscrimination 78 provisions of s. 627.6699. 79 h. The group or association is not a health insurance 80 issuer described in s. 733(b)(2) of the Employee Retirement 81 Income Security Act of 1974, 29 U.S.C. s. 1191b(b)(2), or owned 82 or controlled by such a health insurance issuer or by a 83 subsidiary or affiliate of such a health insurance issuer, other 84 than to the extent such entities participate in the group or 85 association in their capacity as employer members of the group 86 or association. 87 88 The requirements of this paragraph do not apply to an 89 arrangement licensed before April 1, 1995, regardless of the 90 nature of its business. However, an arrangement exempt from the 91 requirements of this paragraph may not expand the nature of its 92 business beyond that set forth in the articles of incorporation 93 of its sponsoring association as of April 1, 1995, except as 94 authorized in this paragraph. 95 Section 2. This act shall take effect July 1, 2023.