Senate Bill 0312e3

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  1                      A bill to be entitled

  2         An act relating to insurance; amending s.

  3         626.321, F.S.; providing requirements for

  4         limited licenses for credit life or disability

  5         insurance and credit insurance; amending s.

  6         626.989, F.S.; defining the terms "insurer" and

  7         "insurance policy" for purposes of determining

  8         insurance fraud; creating s. 626.9892, F.S.;

  9         establishing the Anti-Fraud Reward Program in

10         the department; providing for rewards under

11         certain circumstances; requiring the department

12         to adopt rules to implement the program;

13         exempting review of department decisions

14         relating to rewards; creating s. 641.3915,

15         F.S.; requiring certain health maintenance

16         organizations to comply with insurer anti-fraud

17         requirements; providing construction; amending

18         s. 775.15, F.S.; extending the statute of

19         limitations for certain insurance fraud

20         violations; amending s. 817.234, F.S.;

21         specifying a schedule of criminal penalties for

22         committing insurance fraud; providing

23         definitions; providing application to health

24         maintenance organizations and contracts;

25         amending s. 817.505, F.S.; revising a penalty

26         for patient brokering; reenacting s.

27         455.657(3), F.S., relating to kickbacks, to

28         incorporate changes; providing an

29         appropriation; creating s. 624.6085, Florida

30         Statutes; defining the term "collateral

31         protection insurance"; amending s. 626.321,


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  1         F.S.; providing requirements for limited

  2         licenses for credit life or disability

  3         insurance and credit insurance; amending s.

  4         627.6645, F.S.; revising the notice

  5         requirements for cancellation or nonrenewal of

  6         a group health insurance policy; specifying

  7         conditions under which the insurer may

  8         retroactively cancel coverage due to nonpayment

  9         of premium; amending s. 627.6675, F.S.;

10         revising the time limits for an employee or

11         group member to apply for an individual

12         converted policy when termination of group

13         coverage is due to failure of the employer to

14         pay the premium; revising the requirements for

15         the premium for the converted policy; allowing

16         a group insurer to contract with another

17         insurer to issue an individual converted policy

18         under certain conditions; amending s. 641.3108,

19         F.S.; revising the notice requirements for

20         cancellation or nonrenewal of a health

21         maintenance organization contract; specifying

22         conditions under which the organization may

23         retroactively cancel coverage due to nonpayment

24         of premium; amending s. 641.3922, F.S.;

25         revising the time limits for an employee or

26         group member to apply for a converted contract

27         from a health maintenance organization when

28         termination of group coverage is due to failure

29         of the employer to pay the premium; revising

30         the requirements for the premium for the

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  1         converted contract; providing an effective

  2         date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Paragraphs (e) and (f) of subsection (1) of

  7  section 626.321, Florida Statutes, 1998 Supplement, are

  8  amended to read:

  9         626.321  Limited licenses.--

10         (1)  The department shall issue to a qualified

11  individual, or a qualified individual or entity under

12  paragraphs (c), (d), and (e), a license as agent authorized to

13  transact a limited class of business in any of the following

14  categories:

15         (e)  Credit life or disability insurance.--License

16  covering only credit life or disability insurance.  The

17  license may be issued only to an individual employed by a life

18  or health insurer as an officer or other salaried or

19  commissioned representative, or to an individual employed by

20  or associated with a lending or financing institution or

21  creditor, and may authorize the sale of such insurance only

22  with respect to borrowers or debtors of such lending or

23  financing institution or creditor.  However, only the

24  individual or entity whose tax identification number is used

25  in receiving or is credited with receiving the commission from

26  the sale of such insurance shall be the licensed agent of the

27  insurer.  No individual while so licensed shall hold a license

28  as an agent or solicitor as to any other or additional kind or

29  class of life or health insurance coverage.  An entity other

30  than a lending or financial institution defined in s. 626.988

31  holding a limited license under this paragraph shall also be


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  1  authorized to sell credit property insurance. An entity

  2  applying for a license under this section:

  3         1.  Is required to submit only one application for a

  4  license under s. 626.171.

  5         2.  Is required to obtain a license for each office,

  6  branch office, or place of business making use of the entity's

  7  business name by applying to the department for the license on

  8  a simplified form developed by rule of the department for this

  9  purpose.

10         3.  Is not required to pay any additional application

11  fees for a license issued to the offices or places of business

12  referenced in subsection (2), but is required to pay the

13  license fee as prescribed in s. 624.501, be appointed under s.

14  626.112, and pay the prescribed appointment fee under s.

15  624.501. The license obtained under this paragraph shall be

16  posted at the business location for which it was issued so as

17  to be readily visible to prospective purchasers of such

18  coverage.

19         (f)  Credit insurance.--License covering only credit

20  insurance, as such insurance is defined in s. 624.605(1)(i),

21  and no individual or entity so licensed shall, during the same

22  period, hold a license as an agent or solicitor as to any

23  other or additional kind of life or health insurance with the

24  exception of credit life or disability insurance as defined in

25  paragraph (e). The same licensing provisions as outlined in

26  paragraph (e) apply to entities licensed as credit insurance

27  agents under this paragraph.

28         Section 2.  Subsection (1) of section 626.989, Florida

29  Statutes, 1998 Supplement, is amended to read:

30         626.989  Division of Insurance Fraud; definition;

31  investigative, subpoena powers; protection from civil


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  1  liability; reports to division; division investigator's power

  2  to execute warrants and make arrests.--

  3         (1)  For the purposes of this section, a person commits

  4  a "fraudulent insurance act" if the person knowingly and with

  5  intent to defraud presents, causes to be presented, or

  6  prepares with knowledge or belief that it will be presented,

  7  to or by an insurer, self-insurer, self-insurance fund,

  8  servicing corporation, purported insurer, broker, or any agent

  9  thereof, any written statement as part of, or in support of,

10  an application for the issuance of, or the rating of, any

11  insurance policy, or a claim for payment or other benefit

12  pursuant to any insurance policy, which the person knows to

13  contain materially false information concerning any fact

14  material thereto or if the person conceals, for the purpose of

15  misleading another, information concerning any fact material

16  thereto. For the purposes of this section, the term "insurer"

17  also includes any health maintenance organization and the term

18  "insurance policy" also includes a health maintenance

19  organization subscriber contract.

20         Section 3.  Section 626.9892, Florida Statutes, is

21  created to read:

22         626.9892  Anti-Fraud Reward Program; reporting of

23  insurance fraud.--

24         (1)  The Anti-Fraud Reward Program is hereby

25  established within the department, to be funded from the

26  Insurance Commissioner's Regulatory Trust Fund.

27         (2)  The department may pay rewards of up to $25,000 to

28  persons providing information leading to the arrest and

29  conviction of persons committing complex or organized crimes

30  investigated by the Division of Insurance Fraud arising from

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  1  violations of s. 440.105, s. 624.15, s. 626.9541, s. 626.989,

  2  or s. 817.234.

  3         (3)  Only a single reward amount may be paid by the

  4  department for claims arising out of the same transaction or

  5  occurrence, regardless of the number of persons arrested and

  6  convicted and the number of persons submitting claims for the

  7  reward.  The reward may be disbursed among more than one

  8  person in amounts determined by the department.

  9         (4)  The department shall adopt rules which set forth

10  the application and approval process, including the criteria

11  against which claims shall be evaluated, the basis for

12  determining specific reward amounts, and the manner in which

13  rewards shall be disbursed. Applications for rewards

14  authorized by this section must be made pursuant to rules

15  established by the department.

16         (5)  Determinations by the department to grant or deny

17  a reward under this section shall not be considered agency

18  action subject to review under s. 120.569 or s. 120.57.

19         Section 4.  Section 641.3915, Florida Statutes, is

20  created to read:

21         641.3915  Health maintenance organization anti-fraud

22  plans and investigative units.--Each authorized health

23  maintenance organization and applicant for a certificate of

24  authority shall comply with the provisions of ss. 626.989 and

25  626.9891 as though such organization or applicant were an

26  authorized insurer. For purposes of this section, the

27  reference to the year 1996 in s. 626.9891 means the year 2000

28  and the reference to the year 1995 means the year 1999.

29         Section 5.  Paragraph (h) of subsection (2) of section

30  775.15, Florida Statutes, 1998 Supplement, is amended to read:

31         775.15  Time limitations.--


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  1         (2)  Except as otherwise provided in this section,

  2  prosecutions for other offenses are subject to the following

  3  periods of limitation:

  4         (h)  A prosecution for a felony violation of s. 440.105

  5  and s. 817.234 must be commenced within 5 years after the

  6  violation is committed.

  7         Section 6.  Subsections (1), (2), (3), (4), and (10) of

  8  section 817.234, Florida Statutes, 1998 Supplement, are

  9  amended, and subsections (11) and (12) are added to said

10  section, to read:

11         817.234  False and fraudulent insurance claims.--

12         (1)(a)  A person commits insurance fraud punishable as

13  provided in subsection (11) if that Any person who, with the

14  intent to injure, defraud, or deceive any insurer:

15         1.  Presents or causes to be presented any written or

16  oral statement as part of, or in support of, a claim for

17  payment or other benefit pursuant to an insurance policy or a

18  health maintenance organization subscriber or provider

19  contract, knowing that such statement contains any false,

20  incomplete, or misleading information concerning any fact or

21  thing material to such claim;

22         2.  Prepares or makes any written or oral statement

23  that is intended to be presented to any insurer in connection

24  with, or in support of, any claim for payment or other benefit

25  pursuant to an insurance policy or a health maintenance

26  organization subscriber or provider contract, knowing that

27  such statement contains any false, incomplete, or misleading

28  information concerning any fact or thing material to such

29  claim; or

30         3.a.  Knowingly presents, causes to be presented, or

31  prepares or makes with knowledge or belief that it will be


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  1  presented to any insurer, purported insurer, servicing

  2  corporation, insurance broker, or insurance agent, or any

  3  employee or agent thereof, any false, incomplete, or

  4  misleading information or written or oral statement as part

  5  of, or in support of, an application for the issuance of, or

  6  the rating of, any insurance policy, or a health maintenance

  7  organization subscriber or provider contract; or

  8         b.  Who knowingly conceals information concerning any

  9  fact material to such application,

10

11  commits a felony of the third degree, punishable as provided

12  in s. 775.082, s. 775.083, or s. 775.084.

13         (b)  All claims and application forms shall contain a

14  statement that is approved by the Department of Insurance that

15  clearly states in substance the following: "Any person who

16  knowingly and with intent to injure, defraud, or deceive any

17  insurer files a statement of claim or an application

18  containing any false, incomplete, or misleading information is

19  guilty of a felony of the third degree."  This paragraph shall

20  not apply to reinsurance contracts, reinsurance agreements, or

21  reinsurance claims transactions. The changes in this paragraph

22  relating to applications shall take effect on March 1, 1996.

23         (2)  Any physician licensed under chapter 458,

24  osteopathic physician licensed under chapter 459, chiropractic

25  physician licensed under chapter 460, or other practitioner

26  licensed under the laws of this state who knowingly and

27  willfully assists, conspires with, or urges any insured party

28  to fraudulently violate any of the provisions of this section

29  or part XI of chapter 627, or any person who, due to such

30  assistance, conspiracy, or urging by said physician,

31  osteopathic physician, chiropractic physician, or


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  1  practitioner, knowingly and willfully benefits from the

  2  proceeds derived from the use of such fraud, commits insurance

  3  fraud is guilty of a felony of the third degree, punishable as

  4  provided in subsection (11) s. 775.082, s. 775.083, or s.

  5  775.084. In the event that a physician, osteopathic physician,

  6  chiropractic physician, or practitioner is adjudicated guilty

  7  of a violation of this section, the Board of Medicine as set

  8  forth in chapter 458, the Board of Osteopathic Medicine as set

  9  forth in chapter 459, the Board of Chiropractic Medicine as

10  set forth in chapter 460, or other appropriate licensing

11  authority shall hold an administrative hearing to consider the

12  imposition of administrative sanctions as provided by law

13  against said physician, osteopathic physician, chiropractic

14  physician, or practitioner.

15         (3)  Any attorney who knowingly and willfully assists,

16  conspires with, or urges any claimant to fraudulently violate

17  any of the provisions of this section or part XI of chapter

18  627, or any person who, due to such assistance, conspiracy, or

19  urging on such attorney's part, knowingly and willfully

20  benefits from the proceeds derived from the use of such fraud,

21  commits insurance fraud a felony of the third degree,

22  punishable as provided in subsection (11) s. 775.082, s.

23  775.083, or s. 775.084.

24         (4)  Any No person or governmental unit licensed under

25  chapter 395 to maintain or operate a hospital, and any no

26  administrator or employee of any such hospital, who shall

27  knowingly and willfully allows allow the use of the facilities

28  of said hospital by an insured party in a scheme or conspiracy

29  to fraudulently violate any of the provisions of this section

30  or part XI of chapter 627.  Any hospital administrator or

31  employee who violates this subsection commits insurance fraud


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  1  a felony of the third degree, punishable as provided in

  2  subsection (11) s. 775.082, s. 775.083, or s. 775.084.  Any

  3  adjudication of guilt for a violation of this subsection, or

  4  the use of business practices demonstrating a pattern

  5  indicating that the spirit of the law set forth in this

  6  section or part XI of chapter 627 is not being followed, shall

  7  be grounds for suspension or revocation of the license to

  8  operate the hospital or the imposition of an administrative

  9  penalty of up to $5,000 by the licensing agency, as set forth

10  in chapter 395.

11         (10)  As used in this section, the term "insurer" means

12  any insurer, health maintenance organization, self-insurer,

13  self-insurance fund, or other similar entity or person

14  regulated under chapter 440 or chapter 641 or by the

15  Department of Insurance under the Florida Insurance Code.

16         (11)  If the value of any property involved in a

17  violation of this section:

18         (a)  Is less than $20,000, the offender commits a

19  felony of the third degree, punishable as provided in s.

20  775.082, s. 775.083, or s. 775.084.

21         (b)  Is $20,000 or more, but less than $100,000, the

22  offender commits a felony of the second degree, punishable as

23  provided in s. 775.082, s. 775.083, or s. 775.084.

24         (c)  Is $100,000 or more, the offender commits a felony

25  of the first degree, punishable as provided in s. 775.082, s.

26  775.083, or s. 775.084.

27         (12)  As used in this section:

28         (a)  "Property" means property as defined in s.

29  812.012.

30         (b)  "Value" means value as defined in s. 812.012.

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  1         Section 7.  Subsection (4) of section 817.505, Florida

  2  Statutes, 1998 Supplement, is amended to read:

  3         817.505  Patient brokering prohibited; exceptions;

  4  penalties.--

  5         (4)  Any person, including an officer, partner, agent,

  6  attorney, or other representative of a firm, joint venture,

  7  partnership, business trust, syndicate, corporation, or other

  8  business entity, who violates any provision of this section

  9  commits:

10         (a)  A misdemeanor of the first degree for a first

11  violation, punishable as provided in s. 775.082 or by a fine

12  not to exceed $5,000, or both.

13         (b)  a felony of the third degree for a second or

14  subsequent violation, punishable as provided in s. 775.082, s.

15  775.083, or s. 775.084 or by a fine not to exceed $10,000, or

16  both.

17         Section 8.  For the purpose of incorporating the

18  amendment to subsection (4) of section 817.505, Florida

19  Statutes, 1998 Supplement, in a reference thereto, subsection

20  (3) of section 455.657, Florida Statutes, is reenacted to

21  read:

22         455.657  Kickbacks prohibited.--

23         (3)  Violations of this section shall be considered

24  patient brokering and shall be punishable as provided in s.

25  817.505.

26         Section 9.  The sum of $250,000 is hereby appropriated

27  from the Insurance Commissioner's Regulatory Trust Fund in a

28  nonoperating category for state fiscal year 1999-2000 for the

29  purpose of implementing the reward program under s. 626.9892,

30  Florida Statutes, as created by this act.

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  1         Section 10.  Section 624.6085, Florida Statutes, is

  2  created to read:

  3         624.6085  "Collateral protection insurance"

  4  defined.--For purposes of ss. 215.555, 627.311, and 627.351,

  5  "collateral protection insurance" means commercial property

  6  insurance under which a creditor is the primary beneficiary

  7  and policyholder and which protects or covers an interest of

  8  the creditor arising out of a credit transaction secured by

  9  real or personal property. Initiation of such coverage is

10  triggered by the mortgagor's failure to maintain insurance

11  coverage as required by the mortgage or other lending

12  document. Collateral protection insurance is not residential

13  coverage.

14         Section 11.  Paragraphs (e) and (f) of subsection (1)

15  of section 626.321, Florida Statutes, 1998 Supplement are

16  amended to read:

17         626.321  Limited licenses.--

18         (1)  The department shall issue to a qualified

19  individual, or a qualified individual or entity under

20  paragraphs (c), (d), and (e), a license as agent authorized to

21  transact a limited class of business in any of the following

22  categories:

23         (e)  Credit life or disability insurance.--License

24  covering only credit life or disability insurance.  The

25  license may be issued only to an individual employed by a life

26  or health insurer as an officer or other salaried or

27  commissioned representative, or to an individual employed by

28  or associated with a lending or financing institution or

29  creditor, and may authorize the sale of such insurance only

30  with respect to borrowers or debtors of such lending or

31  financing institution or creditor.  However, only the


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  1  individual or entity whose tax identification number is used

  2  in receiving or is credited with receiving the commission from

  3  the sale of such insurance shall be the licensed agent of the

  4  insurer.  No individual while so licensed shall hold a license

  5  as an agent or solicitor as to any other or additional kind or

  6  class of life or health insurance coverage.  An entity other

  7  than a lending or financial institution defined in s. 626.988

  8  holding a limited license under this paragraph shall also be

  9  authorized to sell credit property insurance. An entity

10  applying for a license under this section:

11         1.  Is required to submit only one application for a

12  license under s. 626.171.

13         2.  Is required to obtain a license for each office,

14  branch office, or place of business making use of the entity's

15  business name by applying to the department for the license on

16  a simplified form developed by rule of the department for this

17  purpose.

18         3.  Is not required to pay any additional application

19  fees for a license issued to the offices or places of business

20  referenced in subsection (2), but is required to pay the

21  license fee as prescribed in s. 624.501, be appointed under s.

22  626.112, and pay the prescribed appointment fee under s.

23  624.501. The license obtained under this paragraph shall be

24  posted at the business location for which it was issued so as

25  to be readily visible to prospective purchasers of such

26  coverage.

27         (f)  Credit insurance.--License covering only credit

28  insurance, as such insurance is defined in s. 624.605(1)(i),

29  and no individual or entity so licensed shall, during the same

30  period, hold a license as an agent or solicitor as to any

31  other or additional kind of life or health insurance with the


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  1  exception of credit life or disability insurance as defined in

  2  paragraph (e). The same licensing provisions as outlined in

  3  paragraph (e) apply to entities licensed as credit insurance

  4  agents under this paragraph.

  5         Section 12.  Subsection (1) of section 627.6645,

  6  Florida Statutes, is amended and subsection (5) is added to

  7  that section to read:

  8         627.6645  Notification of cancellation, expiration,

  9  nonrenewal, or change in rates.--

10         (1)  Every insurer delivering or issuing for delivery a

11  group health insurance policy under the provisions of this

12  part shall give the policyholder at least 45 days' advance

13  notice of cancellation, expiration, nonrenewal, or a change in

14  rates.  Such notice shall be mailed to the policyholder's last

15  address as shown by the records of the insurer.  However, if

16  cancellation is for nonpayment of premium, only the

17  requirements of subsection (5) this section shall not apply.

18  Upon receipt of such notice, the policyholder shall forward,

19  as soon as practicable, the notice of expiration,

20  cancellation, or nonrenewal to each certificateholder covered

21  under the policy.

22         (5)  If cancellation is due to nonpayment of premium,

23  the insurer may not retroactively cancel the policy to a date

24  prior to the date that notice of cancellation was provided to

25  the policyholder unless the insurer mails notice of

26  cancellation to the policyholder prior to 45 days after the

27  date the premium was due. Such notice must be mailed to the

28  policyholder's last address as shown by the records of the

29  insurer and may provide for a retroactive date of cancellation

30  no earlier than midnight of the date that the premium was due.

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  1         Section 13.  Section 627.6675, Florida Statutes, 1998

  2  Supplement, is amended to read:

  3         627.6675  Conversion on termination of

  4  eligibility.--Subject to all of the provisions of this

  5  section, a group policy delivered or issued for delivery in

  6  this state by an insurer or nonprofit health care services

  7  plan that provides, on an expense-incurred basis, hospital,

  8  surgical, or major medical expense insurance, or any

  9  combination of these coverages, shall provide that an employee

10  or member whose insurance under the group policy has been

11  terminated for any reason, including discontinuance of the

12  group policy in its entirety or with respect to an insured

13  class, and who has been continuously insured under the group

14  policy, and under any group policy providing similar benefits

15  that the terminated group policy replaced, for at least 3

16  months immediately prior to termination, shall be entitled to

17  have issued to him or her by the insurer a policy or

18  certificate of health insurance, referred to in this section

19  as a "converted policy." A group insurer may meet the

20  requirements of this section by contracting with another

21  insurer, authorized in this state, to issue an individual

22  converted policy, which policy has been approved by the

23  department under s. 627.410. An employee or member shall not

24  be entitled to a converted policy if termination of his or her

25  insurance under the group policy occurred because he or she

26  failed to pay any required contribution, or because any

27  discontinued group coverage was replaced by similar group

28  coverage within 31 days after discontinuance.

29         (1)  TIME LIMIT.--Written application for the converted

30  policy shall be made and the first premium must be paid to the

31  insurer, not later than 63 days after termination of the group


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  1  policy. However, if termination was the result of failure to

  2  pay any required premium or contribution and such nonpayment

  3  of premium was due to acts of an employer or policyholder

  4  other than the employee or certificateholder, written

  5  application for the converted policy must be made and the

  6  first premium must be paid to the insurer not later than 63

  7  days after notice of termination is mailed by the insurer or

  8  the employer, whichever is earlier, to the employee's or

  9  certificateholder's last address as shown by the record of the

10  insurer or the employer, whichever is applicable. In such case

11  of termination due to nonpayment of premium by the employer or

12  policyholder, the premium for the converted policy may not

13  exceed the rate for the prior group coverage for the period of

14  coverage under the converted policy prior to the date notice

15  of termination is mailed to the employee or certificateholder.

16  For the period of coverage after such date, the premium for

17  the converted policy is subject to the requirements of

18  subsection (3).

19         (2)  EVIDENCE OF INSURABILITY.--The converted policy

20  shall be issued without evidence of insurability.

21         (3)  CONVERSION PREMIUM; EFFECT ON PREMIUM RATES FOR

22  GROUP COVERAGE.--

23         (a)  The premium for the converted policy shall be

24  determined in accordance with premium rates applicable to the

25  age and class of risk of each person to be covered under the

26  converted policy and to the type and amount of insurance

27  provided.  However, the premium for the converted policy may

28  not exceed 200 percent of the standard risk rate as

29  established by the department, pursuant to this subsection.

30         (b)  Actual or expected experience under converted

31  policies may be combined with such experience under group


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    CS for SB 312                                  Third Engrossed



  1  policies for the purposes of determining premium and loss

  2  experience and establishing premium rate levels for group

  3  coverage.

  4         (c)  The department shall annually determine standard

  5  risk rates, using reasonable actuarial techniques and

  6  standards adopted by the department by rule. The standard risk

  7  rates must be determined as follows:

  8         1.  Standard risk rates for individual coverage must be

  9  determined separately for indemnity policies, preferred

10  provider/exclusive provider policies, and health maintenance

11  organization contracts.

12         2.  The department shall survey insurers and health

13  maintenance organizations representing at least an 80 percent

14  market share, based on premiums earned in the state for the

15  most recent calendar year, for each of the categories

16  specified in subparagraph 1.

17         3.  Standard risk rate schedules must be determined,

18  computed as the average rates charged by the carriers

19  surveyed, giving appropriate weight to each carrier's

20  statewide market share of earned premiums.

21         4.  The rate schedule shall be determined from analysis

22  of the one county with the largest market share in the state

23  of all such carriers.

24         5.  The rate for other counties must be determined by

25  using the weighted average of each carrier's county factor

26  relationship to the county determined in subparagraph 4.

27         6.  The rate schedule must be determined for different

28  age brackets and family size brackets.

29         (4)  EFFECTIVE DATE OF COVERAGE.--The effective date of

30  the converted policy shall be the day following the

31  termination of insurance under the group policy.


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    CS for SB 312                                  Third Engrossed



  1         (5)  SCOPE OF COVERAGE.--The converted policy shall

  2  cover the employee or member and his or her dependents who

  3  were covered by the group policy on the date of termination of

  4  insurance.  At the option of the insurer, a separate converted

  5  policy may be issued to cover any dependent.

  6         (6)  OPTIONAL COVERAGE.--The insurer shall not be

  7  required to issue a converted policy covering any person who

  8  is or could be covered by Medicare.  The insurer shall not be

  9  required to issue a converted policy covering a person if

10  paragraphs (a) and (b) apply to the person:

11         (a)  If any of the following apply to the person:

12         1.  The person is covered for similar benefits by

13  another hospital, surgical, medical, or major medical expense

14  insurance policy or hospital or medical service subscriber

15  contract or medical practice or other prepayment plan, or by

16  any other plan or program.

17         2.  The person is eligible for similar benefits,

18  whether or not actually provided coverage, under any

19  arrangement of coverage for individuals in a group, whether on

20  an insured or uninsured basis.

21         3.  Similar benefits are provided for or are available

22  to the person under any state or federal law.

23         (b)  If the benefits provided under the sources

24  referred to in subparagraph (a)1. or the benefits provided or

25  available under the sources referred to in subparagraphs (a)2.

26  and 3., together with the benefits provided by the converted

27  policy, would result in overinsurance according to the

28  insurer's standards.  The insurer's standards must bear some

29  reasonable relationship to actual health care costs in the

30  area in which the insured lives at the time of conversion and

31


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    CS for SB 312                                  Third Engrossed



  1  must be filed with the department prior to their use in

  2  denying coverage.

  3         (7)  INFORMATION REQUESTED BY INSURER.--

  4         (a)  A converted policy may include a provision under

  5  which the insurer may request information, in advance of any

  6  premium due date, of any person covered thereunder as to

  7  whether:

  8         1.  The person is covered for similar benefits by

  9  another hospital, surgical, medical, or major medical expense

10  insurance policy or hospital or medical service subscriber

11  contract or medical practice or other prepayment plan or by

12  any other plan or program.

13         2.  The person is covered for similar benefits under

14  any arrangement of coverage for individuals in a group,

15  whether on an insured or uninsured basis.

16         3.  Similar benefits are provided for or are available

17  to the person under any state or federal law.

18         (b)  The converted policy may provide that the insurer

19  may refuse to renew the policy or the coverage of any person

20  only for one or more of the following reasons:

21         1.  Either the benefits provided under the sources

22  referred to in subparagraphs (a)1. and 2. for the person or

23  the benefits provided or available under the sources referred

24  to in subparagraph (a)3. for the person, together with the

25  benefits provided by the converted policy, would result in

26  overinsurance according to the insurer's standards on file

27  with the department.

28         2.  The converted policyholder fails to provide the

29  information requested pursuant to paragraph (a).

30         3.  Fraud or intentional misrepresentation in applying

31  for any benefits under the converted policy.


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    CS for SB 312                                  Third Engrossed



  1         4.  Other reasons approved by the department.

  2         (8)  BENEFITS OFFERED.--

  3         (a)  An insurer shall not be required to issue a

  4  converted policy that provides benefits in excess of those

  5  provided under the group policy from which conversion is made.

  6         (b)  An insurer shall offer the benefits specified in

  7  s. 627.668 and the benefits specified in s. 627.669 if those

  8  benefits were provided in the group plan.

  9         (c)  An insurer shall offer maternity benefits and

10  dental benefits if those benefits were provided in the group

11  plan.

12         (9)  PREEXISTING CONDITION PROVISION.--The converted

13  policy shall not exclude a preexisting condition not excluded

14  by the group policy. However, the converted policy may provide

15  that any hospital, surgical, or medical benefits payable under

16  the converted policy may be reduced by the amount of any such

17  benefits payable under the group policy after the termination

18  of covered under the group policy. The converted policy may

19  also provide that during the first policy year the benefits

20  payable under the converted policy, together with the benefits

21  payable under the group policy, shall not exceed those that

22  would have been payable had the individual's insurance under

23  the group policy remained in force.

24         (10)  REQUIRED OPTION FOR MAJOR MEDICAL

25  COVERAGE.--Subject to the provisions and conditions of this

26  part, the employee or member shall be entitled to obtain a

27  converted policy providing major medical coverage under a plan

28  meeting the following requirements:

29         (a)  A maximum benefit equal to the lesser of the

30  policy limit of the group policy from which the individual

31  converted or $500,000 per covered person for all covered


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    CS for SB 312                                  Third Engrossed



  1  medical expenses incurred during the covered person's

  2  lifetime.

  3         (b)  Payment of benefits at the rate of 80 percent of

  4  covered medical expenses which are in excess of the

  5  deductible, until 20 percent of such expenses in a benefit

  6  period reaches $2,000, after which benefits will be paid at

  7  the rate of 90 percent during the remainder of the contract

  8  year unless the insured is in the insurer's case management

  9  program, in which case benefits shall be paid at the rate of

10  100 percent during the remainder of the contract year.  For

11  the purposes of this paragraph, "case management program"

12  means the specific supervision and management of the medical

13  care provided or prescribed for a specific individual, which

14  may include the use of health care providers designated by the

15  insurer.  Payment of benefits for outpatient treatment of

16  mental illness, if provided in the converted policy, may be at

17  a lesser rate but not less than 50 percent.

18         (c)  A deductible for each calendar year that must be

19  $500, $1,000, or $2,000, at the option of the policyholder.

20         (d)  The term "covered medical expenses," as used in

21  this subsection, shall be consistent with those customarily

22  offered by the insurer under group or individual health

23  insurance policies but is not required to be identical to the

24  covered medical expenses provided in the group policy from

25  which the individual converted.

26         (11)  ALTERNATIVE PLANS.--The insurer shall, in

27  addition to the option required by subsection (10), offer the

28  standard health benefit plan, as established pursuant to s.

29  627.6699(12). The insurer may, at its option, also offer

30  alternative plans for group health conversion in addition to

31  the plans required by this section.


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    CS for SB 312                                  Third Engrossed



  1         (12)  RETIREMENT COVERAGE.--If coverage would be

  2  continued under the group policy on an employee following the

  3  employee's retirement prior to the time he or she is or could

  4  be covered by Medicare, the employee may elect, instead of

  5  such continuation of group insurance, to have the same

  6  conversion rights as would apply had his or her insurance

  7  terminated at retirement by reason or termination of

  8  employment or membership.

  9         (13)  REDUCTION OF COVERAGE DUE TO MEDICARE.--The

10  converted policy may provide for reduction of coverage on any

11  person upon his or her eligibility for coverage under Medicare

12  or under any other state or federal law providing for benefits

13  similar to those provided by the converted policy.

14         (14)  CONVERSION PRIVILEGE ALLOWED.--The conversion

15  privilege shall also be available to any of the following:

16         (a)  The surviving spouse, if any, at the death of the

17  employee or member, with respect to the spouse and the

18  children whose coverages under the group policy terminate by

19  reason of the death, otherwise to each surviving child whose

20  coverage under the group policy terminates by reason of such

21  death, or, if the group policy provides for continuation of

22  dependents' coverages following the employee's or member's

23  death, at the end of such continuation.

24         (b)  The former spouse whose coverage would otherwise

25  terminate because of annulment or dissolution of marriage, if

26  the former spouse is dependent for financial support.

27         (c)  The spouse of the employee or member upon

28  termination of coverage of the spouse, while the employee or

29  member remains insured under the group policy, by reason of

30  ceasing to be a qualified family member under the group

31


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    CS for SB 312                                  Third Engrossed



  1  policy, with respect to the spouse and the children whose

  2  coverages under the group policy terminate at the same time.

  3         (d)  A child solely with respect to himself or herself

  4  upon termination of his or her coverage by reason of ceasing

  5  to be a qualified family member under the group policy, if a

  6  conversion privilege is not otherwise provided in this

  7  subsection with respect to such termination.

  8         (15)  BENEFIT LEVELS.--If the benefit levels required

  9  in subsection (10) exceed the benefit levels provided under

10  the group policy, the conversion policy may offer benefits

11  which are substantially similar to those provided under the

12  group policy in lieu of those required in subsection (10).

13         (16)  GROUP COVERAGE INSTEAD OF INDIVIDUAL

14  COVERAGE.--The insurer may elect to provide group insurance

15  coverage instead of issuing a converted individual policy.

16         (17)  NOTIFICATION.--A notification of the conversion

17  privilege shall be included in each certificate of coverage.

18  The insurer shall mail an election and premium notice form,

19  including an outline of coverage, on a form approved by the

20  department, within 14 days after an individual who is eligible

21  for a converted policy gives notice to the insurer that the

22  individual is considering applying for the converted policy or

23  otherwise requests such information. The outline of coverage

24  must contain a description of the principal benefits and

25  coverage provided by the policy and its principal exclusions

26  and limitations, including, but not limited to, deductibles

27  and coinsurance.

28         (18)  OUTSIDE CONVERSIONS.--A converted policy that is

29  delivered outside of this state must be on a form that could

30  be delivered in the other jurisdiction as a converted policy

31  had the group policy been issued in that jurisdiction.


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    CS for SB 312                                  Third Engrossed



  1         (19)  APPLICABILITY.--This section does not require

  2  conversion on termination of eligibility for a policy or

  3  contract that provides benefits for specified diseases, or for

  4  accidental injuries only, disability income, Medicare

  5  supplement, hospital indemnity, limited benefit,

  6  nonconventional, or excess policies.

  7         (20)  Nothing in this section or in the incorporation

  8  of it into insurance policies shall be construed to require

  9  insurers to provide benefits equal to those provided in the

10  group policy from which the individual converted, provided,

11  however, that comprehensive benefits are offered which shall

12  be subject to approval by the Insurance Commissioner.

13         Section 14.  Section 641.3108, Florida Statutes, is

14  amended to read:

15         641.3108  Notice of cancellation of contract.--

16         (1)  Except for nonpayment of premium or termination of

17  eligibility, no health maintenance organization may cancel or

18  otherwise terminate or fail to renew a health maintenance

19  contract without giving the subscriber at least 45 days'

20  notice in writing of the cancellation, termination, or

21  nonrenewal of the contract. The written notice shall state the

22  reason or reasons for the cancellation, termination, or

23  nonrenewal.  All health maintenance contracts shall contain a

24  clause which requires that this notice be given.

25         (2)  If cancellation is due to nonpayment of premium,

26  the health maintenance organization may not retroactively

27  cancel the contract to a date prior to the date that notice of

28  cancellation was provided to the subscriber unless the

29  organization mails notice of cancellation to the subscriber

30  prior to 45 days after the date the premium was due. Such

31  notice must be mailed to the subscriber's last address as


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    CS for SB 312                                  Third Engrossed



  1  shown by the records of the organization and may provide for a

  2  retroactive date of cancellation no earlier than midnight of

  3  the date that the premium was due.

  4         (3)  In the case of a health maintenance contract

  5  issued to an employer or person holding the contract on behalf

  6  of the subscriber group, the health maintenance organization

  7  may make the notification through the employer or group

  8  contract holder, and, if the health maintenance organization

  9  elects to take this action through the employer or group

10  contract holder, the organization shall be deemed to have

11  complied with the provisions of this section upon notifying

12  the employer or group contract holder of the requirements of

13  this section and requesting the employer or group contract

14  holder to forward to all subscribers the notice required

15  herein.

16         Section 15.  Subsection (1) of section 641.3922,

17  Florida Statutes, 1998 Supplement, is amended to read:

18         641.3922  Conversion contracts; conditions.--Issuance

19  of a converted contract shall be subject to the following

20  conditions:

21         (1)  TIME LIMIT.--Written application for the converted

22  contract shall be made and the first premium paid to the

23  health maintenance organization not later than 63 days after

24  such termination. However, if termination was the result of

25  failure to pay any required premium or contribution and such

26  nonpayment of premium was due to acts of an employer or group

27  contract holder other than the employee or individual

28  subscriber, written application for the contract must be made

29  and the first premium must be paid not later than 63 days

30  after notice of termination is mailed by the organization or

31  the employer, whichever is earlier, to the employee's or


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    CS for SB 312                                  Third Engrossed



  1  individual's last address as shown by the record of the

  2  organization or the employer, whichever is applicable. In such

  3  case of termination due to non-payment of premium by the

  4  employer or group contract holder, the premium for the

  5  converted contract may not exceed the rate for the prior group

  6  coverage for the period of coverage under the converted

  7  contract prior to the date notice of termination is mailed to

  8  the employee or individual subscriber. For the period of

  9  coverage after such date, the premium for the converted

10  contract is subject to the requirements of subsection (3).

11         Section 16.  This act shall take effect October 1,

12  1999, and shall apply to policies and contracts issued or

13  renewed on or after that date.

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