CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

    54-364AX-32                   Bill No. CS for SB 312, 2nd Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Arnall offered the following:

12

13         Amendment (with title amendment) 

14         On page 2, line 2,

15

16  insert:

17         Section 1.  Subsection (1) and paragraph (a) of

18  subsection (6) of section 627.410, Florida Statutes, 1998

19  Supplement, are amended to read:

20         627.410  Filing, approval of forms.--

21         (1)  No basic insurance policy or annuity contract

22  form, or application form where written application is

23  required and is to be made a part of the policy or contract,

24  or group certificates issued under a master contract delivered

25  in this state, or printed rider or endorsement form or form of

26  renewal certificate, shall be delivered or issued for delivery

27  in this state, unless the form has been filed with the

28  department at its offices in Tallahassee by or in behalf of

29  the insurer which proposes to use such form and has been

30  approved by the department. This provision does not apply to

31  surety bonds or to policies, riders, endorsements, or forms of

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                                                   HOUSE AMENDMENT

    54-364AX-32                   Bill No. CS for SB 312, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  unique character which are designed for and used with relation

 2  to insurance upon a particular subject (other than as to

 3  individual or small group health insurance), or which relate

 4  to the manner of distribution of benefits or to the

 5  reservation of rights and benefits under life or health

 6  insurance policies and are used at the request of the

 7  individual policyholder, contract holder, or

 8  certificateholder.  As to group insurance policies effectuated

 9  and delivered outside this state but covering persons resident

10  in this state, the group certificates to be delivered or

11  issued for delivery in this state shall be filed with the

12  department for information purposes only.

13         (6)(a)  An insurer shall not deliver or issue for

14  delivery or renew in this state any health insurance policy

15  form until it has filed with the department a copy of every

16  applicable rating manual, rating schedule, change in rating

17  manual, and change in rating schedule; if rating manuals and

18  rating schedules are not applicable, the insurer must file

19  with the department applicable premium rates and any change in

20  applicable premium rates. This provision does not apply to

21  rating manuals, rating schedules, changes in rating manuals or

22  schedules, or if rating manuals or schedules are not

23  applicable, to premium rates or changes in such rates,

24  relating to policies, riders, endorsements, or forms of unique

25  character which are designed for and used with relation to

26  insurance upon a particular subject or to benefits under group

27  health insurance policies insuring 100 or more persons and are

28  used at the request of the individual policyholder, contract

29  holder, or certificate holder.

30         Section 2.  Section 627.6474, Florida Statutes, is

31  created to read:

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                                                   HOUSE AMENDMENT

    54-364AX-32                   Bill No. CS for SB 312, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         627.6474  Point of service policies; purpose;

 2  definitions; authority; standards; reporting; application.--

 3         (1)  PURPOSE.--It is the purpose of this section to

 4  encourage the issuance to persons coverage that provides an

 5  option, at the time medical services are secured, of accessing

 6  benefits provided by a licensed health maintenance

 7  organization or by a licensed health insurer. By authorizing

 8  the issuance of such coverage, the Legislature intends to

 9  maximize health care options for consumers of health care

10  policies.

11         (2)  SCOPE.--Point of service coverage may be issued on

12  an individual or group basis.

13         (3)  DEFINITIONS.--As used in this section:

14         (a)  "Point of service agreement" is the contractual

15  means by which a health insurer and health maintenance

16  organization jointly offer point of service coverage.

17         (b)  "Point of service policy" is a policy providing

18  comprehensive health benefits under which a covered person

19  has:

20         1.  A health insurance policy issued by an authorized

21  health insurer in conjunction with a health maintenance

22  contract issued by a licensed health maintenance organization,

23  under which the covered person may choose at each time of

24  service to access indemnity benefits under the health

25  insurance policy or benefits under the health maintenance

26  contract, but not both; or

27         2.  A single contract issued by a health maintenance

28  organization or a single policy issued by a health insurer,

29  pursuant to a point of service agreement between the health

30  insurer and the health maintenance organization, under which

31  the covered person may choose at each time of service to

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                                                   HOUSE AMENDMENT

    54-364AX-32                   Bill No. CS for SB 312, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  access indemnity benefits under the health insurance portion

 2  of the policy or benefits under the health maintenance portion

 3  or the policy, but not both.

 4         (c)  "Covered person" means the policyholder or

 5  subscriber of an individual point of service policy, or the

 6  subscriber or certificateholder under a group point of service

 7  policy.

 8         (4)  AUTHORITY TO ISSUE.--Subject to the requirements

 9  contained in this section, nothing in this code, including

10  chapter 641, and rules adopted under the code and such

11  chapter, shall be deemed to prohibit an authorized health

12  insurer and a licensed health maintenance organization, in

13  conjunction, from soliciting, offering, or providing point of

14  service coverage either in a separate policy issued by the

15  health insurer jointly with a separate health maintenance

16  contract issued by the health maintenance organization or in a

17  single contract issued by the health maintenance organization

18  or in a single policy issued by the health insurer.

19         (5)  PROVISIONS OF POINT OF SERVICE POLICIES.--Each

20  point of service policy shall contain, in addition to all

21  others required under this code, chapter 641, and rules

22  adopted under the code and such chapter, a provision:

23         (a)  Clearly identifying both the health insurer and

24  the health maintenance organization and, in the instance of a

25  group policy, a provision in the member handbook or

26  certificate of coverage clearly identifying the health insurer

27  and the health maintenance organization.

28         (b)  Stating that a covered person covered under a

29  point of service policy must elect either indemnity benefits

30  or health maintenance organization coverage at the time of

31  service.

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                                                   HOUSE AMENDMENT

    54-364AX-32                   Bill No. CS for SB 312, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         (c)  Stating that whenever coverage has been paid or

 2  provided with respect to a given medical service by either the

 3  health insurer or the health maintenance organization pursuant

 4  to a filed and approved point of service policy, the

 5  provisions of s. 627.4235 shall not apply with respect to the

 6  point of service policy but shall apply as to other policies,

 7  plans, or contracts of the covered person.

 8         (d)  Stating that 60 days prior to the termination of a

 9  point of service agreement, the terminating company must

10  provide each covered person who has a policy under the

11  agreement notice in writing of the termination.

12         (e)  That, if a point of service agreement is

13  terminated, the policyholder in an individual contract or the

14  contract holder in a group contract may, within 60 days after

15  receiving notice of the termination, elect to continue

16  coverage for the remainder of the contract period on the form

17  and at the rate approved by the department pursuant to

18  subsection (6) with either the health maintenance organization

19  or the health insurer that was a party to the point of service

20  agreement. Point of service policies and contracts issued

21  pursuant to this section are exempt from the notice

22  requirements of s. 641.31074(3)(a)1. and 2. and s.

23  627.6571(3)(a) 1. and 2.

24         (f)  That, if the covered person is entitled to a

25  conversion plan, the covered person is entitled to a choice of

26  either an indemnity plan from the health insurer or a health

27  maintenance organization contract, without prejudice.

28         (6)  FILING AND REPORTING REQUIREMENTS.--

29         (a)  The following requirements apply to point of

30  service policy forms and rate filings.

31         1.  All point of service policy form and rate filings

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                                                   HOUSE AMENDMENT

    54-364AX-32                   Bill No. CS for SB 312, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  shall be made jointly, whether or not separate or combined

 2  forms are used.

 3         2.  The point of service policy form and rate filing

 4  shall include all forms and rates required by this section.

 5  However, if forms and rates which have been previously

 6  approved are used to satisfy the required separate health

 7  benefit policies and the conversion policies to be used in

 8  conjunction with such point of service policy, it shall be

 9  sufficient to identify the form number and date of approval of

10  these forms and related rates.

11         3.  The point of service policy form and rate filing

12  shall contain certification from an officer of the health

13  insurer and an officer of the health maintenance organization

14  that each company agrees, as a condition precedent to

15  termination of the point of service agreement, to provide the

16  department with notice of its intention to terminate the point

17  of service arrangement no less than 90 days prior to the

18  effective date of termination. Further, each company agrees to

19  notify the department within 48 hours after a material breach

20  by either company.

21         4.  All point of service policy filings shall contain

22  an authorization from the health insurer and the health

23  maintenance organization, either as joint signatories or an

24  original letter of authorization from each company to the

25  other, to make the combined filing whenever a single policy

26  will be used and that each company will be responsible for the

27  accuracy of the information which it provided for the combined

28  filing. The insurer or health maintenance organization that

29  issues the single policy shall be primarily responsible for

30  insuring that the benefits specified in the contract are

31  provided in the manner specified in the contact.

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                                                   HOUSE AMENDMENT

    54-364AX-32                   Bill No. CS for SB 312, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         5.  All point of service policy forms and rates shall

 2  be filed and approved prior to use. All form and rate changes

 3  to such policy shall be filed and approved prior to use.

 4         6.  The health insurer and the health maintenance

 5  organization shall each file and have approved a policy form

 6  and rate to be made available to the covered person when the

 7  point of service agreement is terminated during an existing

 8  contract period. The filing shall:

 9         a.  Contain levels of indemnity benefits or other

10  health benefit coverage no less than that provided by the

11  insurer under the point of service policy for the insurer's

12  policy form or by the health maintenance organization under

13  the point of service policy for the health maintenance

14  organization contract.

15         b.  Comply in all respects with the requirements of the

16  insurance code or chapter 641 as related to the product being

17  filed.

18         c.  Clearly identify that the policy is intended for

19  use as a replacement for a point of service policy.

20         7.  The health insurer or the health maintenance

21  organization shall make, at a minimum, an annual rate filing

22  for each point of service policy form offered in this state.

23  Annual periodic rate adjustments shall be made to reflect the

24  actual premium split based on experience and compared with the

25  assumed split at the beginning of the contract. Except as so

26  described, no other experience adjustments shall be made on a

27  retrospective basis without approval by the department.

28         8.  All rate filings for a point of service policy

29  shall contain the following terms and conditions, in addition

30  to all others required by law or rule:

31         a.  The health insurer and the health maintenance

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                                                   HOUSE AMENDMENT

    54-364AX-32                   Bill No. CS for SB 312, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  organization shall each perform its own pricing on a net claim

 2  basis.

 3         b.  The health insurer and the health maintenance

 4  organization shall each calculate its own expenses and profit

 5  margins.

 6         c.  Expenses shall be itemized and shall clearly

 7  identify which entity is performing which duty relative to

 8  each expense item noted.

 9         d.  Minimum loss ratios, as defined in the code or in

10  any applicable rule adopted under the code, shall be met by

11  each company.

12         (b)  Each health insurer and health maintenance

13  organization shall maintain separate records relating to any

14  point of service policy. The annual actuarial certification

15  shall contain a specific actuarial certification that the

16  rates charged for this product are not inadequate, excessive,

17  or discriminatory.

18         (7)  APPLICABILITY.--

19         (a)  Any health insurer entering into a point of

20  service arrangement pursuant to this section, in addition to

21  the requirements of this section, shall be subject to all

22  provisions of the insurance code and other laws, and rules

23  adopted under the code or such laws, applicable to health

24  insurers generally. However, an agent that sells or solicits a

25  product issued as a single policy or contract by either the

26  health maintenance organization or the insurer shall be

27  appointed by the entity issuing the policy or contract and

28  shall not be required to be appointed by both carriers.

29         (b)  Any health maintenance organization entering into

30  a point of service arrangement pursuant to this section, in

31  addition to the requirements of this section, shall be subject

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                                                   HOUSE AMENDMENT

    54-364AX-32                   Bill No. CS for SB 312, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  to all provisions of chapter 641, and rules adopted under such

 2  chapter, and to all other provisions of this code and other

 3  laws and rules adopted under such code and laws applicable to

 4  health maintenance organizations generally.

 5         (c)  The health insurance portion of a point of service

 6  arrangement policy shall be subject to the provisions of part

 7  III of chapter 631. The health maintenance portion of a point

 8  of service arrangement shall be subject to part IV of chapter

 9  631.

10         (d)  Any health maintenance organization entering into

11  a point of service arrangement pursuant to this section shall

12  not be subject to part VII of chapter 626 when administering a

13  point of service policy.

14         (8)  RULEMAKING.--The department may adopt any rule

15  necessary to implement the intent and provisions of this

16  section. In adopting such rule, the department shall consider

17  requirements to ensure that experience adjustments and other

18  adjustments are reasonable, fair, and equitable; that point of

19  service policies, advertisements, solicitation materials, and

20  other statements or related documents are clear and

21  understandable; that point of service policies are provided to

22  the insurance buying public in a fashion that meets the

23  purposes of this section and are provided in a fair and

24  equitable fashion; and that point of service policies provide

25  for a proper triggering of the conversion plan policies.

26

27

28  ================ T I T L E   A M E N D M E N T ===============

29  And the title is amended as follows:

30         On page 1, line 2, after the semicolon,

31

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                                                   HOUSE AMENDMENT

    54-364AX-32                   Bill No. CS for SB 312, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  insert:

 2         amending s. 627.410, F.S.; limiting application

 3         of an exception; providing an exception to

 4         certain filing requirements for manuals,

 5         schedules, or rates relating to certain group

 6         health insurance policies; creating s.

 7         627.6474, F.S.; providing for point of service

 8         policies; providing purpose and scope;

 9         providing definitions; providing authority to

10         issue point of service policies; specifying

11         required provisions in such policies; providing

12         filing and reporting requirements; specifying

13         applicability; authorizing the Department of

14         Insurance to adopt rules;

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