Amendment
Bill No. CS/CS/CS/SB 1986
Amendment No. 620179
CHAMBER ACTION
Senate House
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1Representative Patronis offered the following:
2
3     Amendment (with title amendment)
4     Between lines 4184-4185 and insert:
5     Section 74.  Paragraph (c) of subsection (1) of section
6627.602, Florida Statutes, is amended to read:
7     627.602  Scope, format of policy.--
8     (1)  Each health insurance policy delivered or issued for
9delivery to any person in this state must comply with all
10applicable provisions of this code and all of the following
11requirements:
12     (c)  The policy may purport to insure only one person,
13except that upon the application of an adult member of a family,
14who is deemed to be the policyholder, a policy may insure,
15either originally or by subsequent amendment, any eligible
16members of that family, including husband, wife, any children or
17any person dependent upon the policyholder. If an insurer offers
18coverage for dependent children of the policyholder, such policy
19must comply with the provisions of s. 627.6562.
20     Section 75.  Section 627.6562, Florida Statutes, is  
21amended to read:
22     627.6562  Dependent coverage.--
23     (1)  If an insurer offers coverage under a group, blanket,
24or franchise health insurance policy that insures dependent
25children of the policyholder or certificateholder, the policy
26must insure a dependent child of the policyholder or
27certificateholder at least until the end of the calendar year in
28which the child reaches the age of 25, if the child meets all of
29the following:
30     (a)  The child is dependent upon the policyholder or
31certificateholder for support.
32     (b)  The child is living in the household of the
33policyholder or certificateholder, or the child is a full-time
34or part-time student.
35     (2)  At the option of the group policyholder, all
36certificateholders within a group policy shall be offered A
37policy that is subject to the requirements of subsection (1)
38must also offer the policyholder or certificateholder the option
39to insure a child of the policyholder or certificateholder at
40least until the end of the calendar year in which the child
41reaches the age of 30, if the child:
42     (a)  Is unmarried and does not have a dependent of his or
43her own;
44     (b)  Is a resident of this state or a full-time or part-
45time student; and
46     (c)  Is not eligible for provided coverage as a named
47subscriber, insured, enrollee, or covered person under any other
48group, blanket, or franchise health insurance policy, health
49maintenance organization contract, or individual health benefits
50plan, including, but not limited to, coverage offered pursuant
51to the Consolidated Omnibus Budget Reconciliation Act of 1985 or
52s. 627.6692, or is not entitled to benefits under Title XVIII of
53the Social Security Act.
54     (d)  The terms of the policy may include a provision that
55the child's eligibility for coverage ceases when he or she is no
56longer eligible as provided in this subsection. In such case,
57coverage shall continue through the end of the calendar month in
58which the child loses eligibility. If loss of eligibility occurs
59because of the birth of a child, the newborn child is not
60eligible for coverage under s. 627.6575 or s. 641.31(9).
61     (3)  If, pursuant to subsection (2), a child is provided
62coverage under the parent's policy after the end of the calendar
63year in which the child reaches age 25 and coverage for the
64child is subsequently terminated, the child is not eligible to
65be covered under the parent's policy unless the child was
66continuously covered by other creditable coverage without a gap
67in coverage of more than 63 days. For the purposes of this
68subsection, the term "creditable coverage" has the same meaning
69as provided in s. 627.6561(5).
70     (4)  This section does not:
71     (a)  Affect or preempt an insurer's right to medically
72underwrite or charge the appropriate premium and carriers,
73including small employer carriers as defined in s.  
74627.6699(3)(w), and are expressly authorized to charge
75actuarially sound, distinct rates that are separate from the
76rates for dependent coverage for coverage of children of
77certificateholders covered pursuant to subsection (2);
78     (b)  Require coverage for services provided to a dependent
79before October 1, 2008;
80     (c)  Require an employer to pay all or part of the cost of
81coverage provided for a dependent under this section; or
82     (d)  Prohibit an insurer or health maintenance organization
83from increasing the limiting age for dependent coverage to age
8430 in policies or contracts issued or renewed prior to the
85effective date of this act.
86     (5)(a)  Until April 1, 2009, the parent of a child who
87qualifies for coverage under subsection (2) but whose coverage
88as a dependent child under the parent's plan terminated under
89the terms of the plan before October 1, 2008, may make a written
90election to reinstate coverage, without proof of insurability,
91under that plan as a dependent child pursuant to this section.
92     (b)  The covered person's plan may require the payment of a
93premium by the covered person or dependent child, as
94appropriate, subject to the approval of the Office of Insurance
95Regulation, for any period of coverage relating to a dependent's
96written election for coverage pursuant to paragraph (a).
97     (c)  Notice regarding the reinstatement of coverage for a
98dependent child as provided under this subsection must be
99provided to a covered person in the certificate of coverage
100prepared for covered persons by the insurer or by the covered
101person's employer. Such notice may be given through the group
102policyholder.
103     (6)  This section applies only to group major medical
104policies and does not apply to conversion policies, policies
105offered pursuant to the Consolidated Omnibus Budget
106Reconciliation Act of 1985 or s. 627.6692, individual policies,
107out-of-state group policies written pursuant to s. 627.6515, or
108limited benefit or supplemental policies, including, but not
109limited to, accident only, specified disease, disability income,
110Medicare supplement, or long-term care insurance, or other
111supplemental or limited benefit policies.
112     (7)  The commission may adopt rules pursuant to ss.
113120.536(1) and 120.54 to administer this section.
114     Section 76.  Subsection (41) of section 641.31, Florida
115Statutes, is amended to read:
116     641.31  Health maintenance contracts.--
117     (41)  All group health maintenance contracts providing
118coverage for a member of the subscriber's family must comply
119with the provisions of s. 627.6562.
120
121
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T I T L E  A M E N D M E N T
124     Remove line 328 and insert:
125agency to develop rules; amending s. 627.602, F.S.; deleting a
126requirement that certain policies providing coverage for
127dependent children comply with certain provisions; amending s.
128627.6562, F.S.; revising dependent coverage requirements;
129specifying limited application to group major medical policies;
130authorizing the Financial Services Commission to adopt rules;  
131amending s. 641.31, F.S.; specifying required application of
132certain provisions to certain group health maintenance
133contracts; providing an effective date.


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