Florida Senate - 2015                                     SB 258
       
       
        
       By Senator Brandes
       
       
       
       
       
       22-00261B-15                                           2015258__
    1                        A bill to be entitled                      
    2         An act relating to property and casualty insurance;
    3         amending s. 627.062, F.S.; requiring the Office of
    4         Insurance Regulation to use certain models or methods,
    5         or a straight average of model results or output
    6         ranges, to estimate hurricane losses when determining
    7         whether the rates in a rate filing are excessive,
    8         inadequate, or unfairly discriminatory; amending s.
    9         627.0628, F.S.; increasing the length of time during
   10         which an insurer is not required to adhere to certain
   11         models found by the Commission on Hurricane Loss
   12         Projection Methodology to be accurate or reliable in
   13         determining probable maximum loss levels with respect
   14         to certain rate filings; providing that the
   15         requirement to adhere to such findings does not
   16         prohibit an insurer from using a straight average of
   17         model results or output ranges under specified
   18         circumstances; amending s. 627.0651, F.S.; revising
   19         provisions for the making and use of rates for motor
   20         vehicle insurance; amending s. 627.3518, F.S.;
   21         conforming a cross-reference; amending s. 627.4133,
   22         F.S.; increasing the amount of prior notice required
   23         with respect to the nonrenewal, cancellation, or
   24         termination of certain insurance policies; deleting
   25         certain provisions that require extended periods of
   26         prior notice with respect to the nonrenewal,
   27         cancellation, or termination of certain insurance
   28         policies; prohibiting the cancellation of certain
   29         policies that have been in effect for a specified
   30         amount of time except under certain circumstances;
   31         amending s. 627.421, F.S.; authorizing a policyholder
   32         of personal lines insurance to affirmatively elect
   33         delivery of policy documents by electronic means;
   34         amending s. 627.7074, F.S.; revising notification
   35         requirements for participation in the neutral
   36         evaluation program; amending s. 627.736, F.S.;
   37         revising the period for applicability of certain
   38         Medicare fee schedules or payment limitations;
   39         amending s. 627.744, F.S.; revising preinsurance
   40         inspection requirements for private passenger motor
   41         vehicles; providing an effective date.
   42          
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Paragraph (b) of subsection (2) of section
   46  627.062, Florida Statutes, is amended to read:
   47         627.062 Rate standards.—
   48         (2) As to all such classes of insurance:
   49         (b) Upon receiving a rate filing, the office shall review
   50  the filing to determine whether if a rate is excessive,
   51  inadequate, or unfairly discriminatory. In making that
   52  determination, the office shall, in accordance with generally
   53  accepted and reasonable actuarial techniques, consider the
   54  following factors:
   55         1. Past and prospective loss experience within and without
   56  this state.
   57         2. Past and prospective expenses.
   58         3. The degree of competition among insurers for the risk
   59  insured.
   60         4. Investment income reasonably expected by the insurer,
   61  consistent with the insurer’s investment practices, from
   62  investable premiums anticipated in the filing, plus any other
   63  expected income from currently invested assets representing the
   64  amount expected on unearned premium reserves and loss reserves.
   65  The commission may adopt rules using reasonable techniques of
   66  actuarial science and economics to specify the manner in which
   67  insurers calculate investment income attributable to classes of
   68  insurance written in this state and the manner in which
   69  investment income is used to calculate insurance rates. Such
   70  manner must contemplate allowances for an underwriting profit
   71  factor and full consideration of investment income that produces
   72  a reasonable rate of return; however, investment income from
   73  invested surplus may not be considered.
   74         5. The reasonableness of the judgment reflected in the
   75  filing.
   76         6. Dividends, savings, or unabsorbed premium deposits
   77  allowed or returned to policyholders, members, or subscribers in
   78  this state.
   79         7. The adequacy of loss reserves.
   80         8. The cost of reinsurance. The office may not disapprove a
   81  rate as excessive solely due to the insurer having obtained
   82  catastrophic reinsurance to cover the insurer’s estimated 250
   83  year probable maximum loss or any lower level of loss.
   84         9. Trend factors, including trends in actual losses per
   85  insured unit for the insurer making the filing.
   86         10. Conflagration and catastrophe hazards, if applicable.
   87         11. Projected hurricane losses, if applicable, which must
   88  be estimated using a model or method, or a straight average of
   89  model results or output ranges, independently found to be
   90  acceptable or reliable by the Florida Commission on Hurricane
   91  Loss Projection Methodology, and as further provided in s.
   92  627.0628.
   93         12. Projected flood losses for personal residential
   94  property insurance, if applicable, which may be estimated using
   95  a model or method, or a straight average of model results or
   96  output ranges, independently found to be acceptable or reliable
   97  by the Florida Commission on Hurricane Loss Projection
   98  Methodology and as further provided in s. 627.0628.
   99         13. A reasonable margin for underwriting profit and
  100  contingencies.
  101         14. The cost of medical services, if applicable.
  102         15. Other relevant factors that affect the frequency or
  103  severity of claims or expenses.
  104  
  105  The provisions of This subsection does do not apply to workers’
  106  compensation, employer’s liability insurance, and motor vehicle
  107  insurance.
  108         Section 2. Paragraph (d) of subsection (3) of section
  109  627.0628, Florida Statutes, is amended to read:
  110         627.0628 Florida Commission on Hurricane Loss Projection
  111  Methodology; public records exemption; public meetings
  112  exemption.—
  113         (3) ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.—
  114         (d) With respect to a rate filing under s. 627.062, an
  115  insurer shall employ and may not modify or adjust actuarial
  116  methods, principles, standards, models, or output ranges found
  117  by the commission to be accurate or reliable in determining
  118  hurricane loss factors for use in a rate filing under s.
  119  627.062. An insurer shall employ and may not modify or adjust
  120  models found by the commission to be accurate or reliable in
  121  determining probable maximum loss levels pursuant to paragraph
  122  (b) with respect to a rate filing under s. 627.062 made more
  123  than 180 60 days after the commission has made such findings.
  124  This paragraph does not prohibit an insurer from using a
  125  straight average of model results or output ranges for the
  126  purposes of a rate filing for personal lines residential flood
  127  insurance coverage under s. 627.062.
  128         Section 3. Subsection (8) of section 627.0651, Florida
  129  Statutes, is amended to read:
  130         627.0651 Making and use of rates for motor vehicle
  131  insurance.—
  132         (8) Rates are not unfairly discriminatory if averaged
  133  broadly among members of a group; nor are rates unfairly
  134  discriminatory even though they are lower than rates for
  135  nonmembers of the group. However, such rates are unfairly
  136  discriminatory if they are not actuarially measurable and
  137  credible and sufficiently related to actual or expected loss and
  138  expense experience of the group so as to ensure assure that
  139  nonmembers of the group are not unfairly discriminated against.
  140  Use of a single United States Postal Service zip code as a
  141  rating territory shall be deemed unfairly discriminatory unless
  142  filed pursuant to paragraph (1)(a) and such territory
  143  incorporates sufficient actual or expected loss and loss
  144  adjustment expense experience so as to be actuarially measurable
  145  and credible.
  146         Section 4. Subsection (9) of section 627.3518, Florida
  147  Statutes, is amended to read:
  148         627.3518 Citizens Property Insurance Corporation
  149  policyholder eligibility clearinghouse program.—The purpose of
  150  this section is to provide a framework for the corporation to
  151  implement a clearinghouse program by January 1, 2014.
  152         (9) The 45-day notice of nonrenewal requirement set forth
  153  in s. 627.4133(2)(b)5. s. 627.4133(2)(b)5.b. applies when a
  154  policy is nonrenewed by the corporation because the risk has
  155  received an offer of coverage pursuant to this section which
  156  renders the risk ineligible for coverage by the corporation.
  157         Section 5. Paragraph (b) of subsection (2) of section
  158  627.4133, Florida Statutes, is amended to read:
  159         627.4133 Notice of cancellation, nonrenewal, or renewal
  160  premium.—
  161         (2) With respect to any personal lines or commercial
  162  residential property insurance policy, including, but not
  163  limited to, any homeowner, mobile home owner, farmowner,
  164  condominium association, condominium unit owner, apartment
  165  building, or other policy covering a residential structure or
  166  its contents:
  167         (b) The insurer shall give the first-named insured written
  168  notice of nonrenewal, cancellation, or termination at least 120
  169  100 days before the effective date of the nonrenewal,
  170  cancellation, or termination. However, the insurer shall give at
  171  least 100 days’ written notice, or written notice by June 1,
  172  whichever is earlier, for any nonrenewal, cancellation, or
  173  termination that would be effective between June 1 and November
  174  30. The notice must include the reason for the nonrenewal,
  175  cancellation, or termination, except that:
  176         1. The insurer shall give the first-named insured written
  177  notice of nonrenewal, cancellation, or termination at least 120
  178  days before the effective date of the nonrenewal, cancellation,
  179  or termination for a first-named insured whose residential
  180  structure has been insured by that insurer or an affiliated
  181  insurer for at least 5 years before the date of the written
  182  notice.
  183         1.2. If cancellation is for nonpayment of premium, at least
  184  10 days’ written notice of cancellation accompanied by the
  185  reason therefor must be given. As used in this subparagraph, the
  186  term “nonpayment of premium” means failure of the named insured
  187  to discharge when due her or his obligations for paying the
  188  premium on a policy or an installment of such premium, whether
  189  the premium is payable directly to the insurer or its agent or
  190  indirectly under a premium finance plan or extension of credit,
  191  or failure to maintain membership in an organization if such
  192  membership is a condition precedent to insurance coverage. The
  193  term also means the failure of a financial institution to honor
  194  an insurance applicant’s check after delivery to a licensed
  195  agent for payment of a premium even if the agent has previously
  196  delivered or transferred the premium to the insurer. If a
  197  dishonored check represents the initial premium payment, the
  198  contract and all contractual obligations are void ab initio
  199  unless the nonpayment is cured within the earlier of 5 days
  200  after actual notice by certified mail is received by the
  201  applicant or 15 days after notice is sent to the applicant by
  202  certified mail or registered mail. If the contract is void, any
  203  premium received by the insurer from a third party must be
  204  refunded to that party in full.
  205         2.3. If cancellation or termination occurs during the first
  206  90 days the insurance is in force and the insurance is canceled
  207  or terminated for reasons other than nonpayment of premium, at
  208  least 20 days’ written notice of cancellation or termination
  209  accompanied by the reason therefor must be given unless there
  210  has been a material misstatement or misrepresentation or a
  211  failure to comply with the underwriting requirements established
  212  by the insurer.
  213         3. After the policy has been in effect for 90 days, the
  214  policy may not be canceled by the insurer unless there has been
  215  a material misstatement, a nonpayment of premium, a failure to
  216  comply with underwriting requirements established by the insurer
  217  within 90 days after the date of effectuation of coverage, or a
  218  substantial change in the risk covered by the policy or unless
  219  the cancellation is for all insureds under such policies for a
  220  given class of insureds. This subparagraph does not apply to
  221  individually rated risks that have a policy term of less than 90
  222  days.
  223         4. After a policy or contract has been in effect for more
  224  than 90 days, the insurer may not cancel or terminate the policy
  225  or contract based on credit information available in public
  226  records.
  227         5. The requirement for providing written notice by June 1
  228  of any nonrenewal that would be effective between June 1 and
  229  November 30 does not apply to the following situations, but the
  230  insurer remains subject to the requirement to provide such
  231  notice at least 100 days before the effective date of
  232  nonrenewal:
  233         a. A policy that is nonrenewed due to a revision in the
  234  coverage for sinkhole losses and catastrophic ground cover
  235  collapse pursuant to s. 627.706.
  236         5.b. A policy that is nonrenewed by Citizens Property
  237  Insurance Corporation, pursuant to s. 627.351(6), for a policy
  238  that has been assumed by an authorized insurer offering
  239  replacement coverage to the policyholder is exempt from the
  240  notice requirements of paragraph (a) and this paragraph. In such
  241  cases, the corporation must give the named insured written
  242  notice of nonrenewal at least 45 days before the effective date
  243  of the nonrenewal.
  244  
  245  After the policy has been in effect for 90 days, the policy may
  246  not be canceled by the insurer unless there has been a material
  247  misstatement, a nonpayment of premium, a failure to comply with
  248  underwriting requirements established by the insurer within 90
  249  days after the date of effectuation of coverage, a substantial
  250  change in the risk covered by the policy, or the cancellation is
  251  for all insureds under such policies for a given class of
  252  insureds. This paragraph does not apply to individually rated
  253  risks that have a policy term of less than 90 days.
  254         6. Notwithstanding any other provision of law, an insurer
  255  may cancel or nonrenew a property insurance policy after at
  256  least 45 days’ notice if the office finds that the early
  257  cancellation of some or all of the insurer’s policies is
  258  necessary to protect the best interests of the public or
  259  policyholders and the office approves the insurer’s plan for
  260  early cancellation or nonrenewal of some or all of its policies.
  261  The office may base such finding upon the financial condition of
  262  the insurer, lack of adequate reinsurance coverage for hurricane
  263  risk, or other relevant factors. The office may condition its
  264  finding on the consent of the insurer to be placed under
  265  administrative supervision pursuant to s. 624.81 or to the
  266  appointment of a receiver under chapter 631.
  267         7. A policy covering both a home and a motor vehicle may be
  268  nonrenewed for any reason applicable to the property or motor
  269  vehicle insurance after providing 90 days’ notice.
  270         Section 6. Subsection (1) of section 627.421, Florida
  271  Statutes, is amended to read:
  272         627.421 Delivery of policy.—
  273         (1) Subject to the insurer’s requirement as to payment of
  274  premium, every policy shall be mailed, delivered, or
  275  electronically transmitted to the insured or to the person
  276  entitled thereto not later than 60 days after the effectuation
  277  of coverage. Notwithstanding any other provision of law, an
  278  insurer may allow a policyholder of personal lines insurance to
  279  affirmatively elect delivery of the policy documents, including,
  280  but not limited to, policies, endorsements, notices, or
  281  documents, by electronic means in lieu of delivery by mail.
  282  Electronic transmission of a policy for commercial risks,
  283  including, but not limited to, workers’ compensation and
  284  employers’ liability, commercial automobile liability,
  285  commercial automobile physical damage, commercial lines
  286  residential property, commercial nonresidential property,
  287  farmowners insurance, and the types of commercial lines risks
  288  set forth in s. 627.062(3)(d), constitutes shall constitute
  289  delivery to the insured or to the person entitled to delivery,
  290  unless the insured or the person entitled to delivery
  291  communicates to the insurer in writing or electronically that he
  292  or she does not agree to delivery by electronic means.
  293  Electronic transmission shall include a notice to the insured or
  294  to the person entitled to delivery of a policy of his or her
  295  right to receive the policy via United States mail rather than
  296  via electronic transmission. A paper copy of the policy shall be
  297  provided to the insured or to the person entitled to delivery at
  298  his or her request.
  299         Section 7. Subsection (3) of section 627.7074, Florida
  300  Statutes, is amended to read:
  301         627.7074 Alternative procedure for resolution of disputed
  302  sinkhole insurance claims.—
  303         (3) Following the receipt of the report provided under s.
  304  627.7073 or the denial of a claim for a sinkhole loss, the
  305  insurer shall notify the policyholder of his or her right to
  306  participate in the neutral evaluation program under this section
  307  if there is coverage available under the policy and the claim
  308  was submitted within the timeframe provided in s. 627.706(5).
  309  Neutral evaluation supersedes the alternative dispute resolution
  310  process under s. 627.7015 but does not invalidate the appraisal
  311  clause of the insurance policy. The insurer shall provide to the
  312  policyholder the consumer information pamphlet prepared by the
  313  department pursuant to subsection (1) electronically or by
  314  United States mail.
  315         Section 8. Paragraph (a) of subsection (5) of section
  316  627.736, Florida Statutes, is amended to read:
  317         627.736 Required personal injury protection benefits;
  318  exclusions; priority; claims.—
  319         (5) CHARGES FOR TREATMENT OF INJURED PERSONS.—
  320         (a) A physician, hospital, clinic, or other person or
  321  institution lawfully rendering treatment to an injured person
  322  for a bodily injury covered by personal injury protection
  323  insurance may charge the insurer and injured party only a
  324  reasonable amount pursuant to this section for the services and
  325  supplies rendered, and the insurer providing such coverage may
  326  pay for such charges directly to such person or institution
  327  lawfully rendering such treatment if the insured receiving such
  328  treatment or his or her guardian has countersigned the properly
  329  completed invoice, bill, or claim form approved by the office
  330  upon which such charges are to be paid for as having actually
  331  been rendered, to the best knowledge of the insured or his or
  332  her guardian. However, such a charge may not exceed the amount
  333  the person or institution customarily charges for like services
  334  or supplies. In determining whether a charge for a particular
  335  service, treatment, or otherwise is reasonable, consideration
  336  may be given to evidence of usual and customary charges and
  337  payments accepted by the provider involved in the dispute,
  338  reimbursement levels in the community and various federal and
  339  state medical fee schedules applicable to motor vehicle and
  340  other insurance coverages, and other information relevant to the
  341  reasonableness of the reimbursement for the service, treatment,
  342  or supply.
  343         1. The insurer may limit reimbursement to 80 percent of the
  344  following schedule of maximum charges:
  345         a. For emergency transport and treatment by providers
  346  licensed under chapter 401, 200 percent of Medicare.
  347         b. For emergency services and care provided by a hospital
  348  licensed under chapter 395, 75 percent of the hospital’s usual
  349  and customary charges.
  350         c. For emergency services and care as defined by s. 395.002
  351  provided in a facility licensed under chapter 395 rendered by a
  352  physician or dentist, and related hospital inpatient services
  353  rendered by a physician or dentist, the usual and customary
  354  charges in the community.
  355         d. For hospital inpatient services, other than emergency
  356  services and care, 200 percent of the Medicare Part A
  357  prospective payment applicable to the specific hospital
  358  providing the inpatient services.
  359         e. For hospital outpatient services, other than emergency
  360  services and care, 200 percent of the Medicare Part A Ambulatory
  361  Payment Classification for the specific hospital providing the
  362  outpatient services.
  363         f. For all other medical services, supplies, and care, 200
  364  percent of the allowable amount under:
  365         (I) The participating physicians fee schedule of Medicare
  366  Part B, except as provided in sub-sub-subparagraphs (II) and
  367  (III).
  368         (II) Medicare Part B, in the case of services, supplies,
  369  and care provided by ambulatory surgical centers and clinical
  370  laboratories.
  371         (III) The Durable Medical Equipment Prosthetics/Orthotics
  372  and Supplies fee schedule of Medicare Part B, in the case of
  373  durable medical equipment.
  374  
  375  However, if such services, supplies, or care is not reimbursable
  376  under Medicare Part B, as provided in this sub-subparagraph, the
  377  insurer may limit reimbursement to 80 percent of the maximum
  378  reimbursable allowance under workers’ compensation, as
  379  determined under s. 440.13 and rules adopted thereunder which
  380  are in effect at the time such services, supplies, or care is
  381  provided. Services, supplies, or care that is not reimbursable
  382  under Medicare or workers’ compensation is not required to be
  383  reimbursed by the insurer.
  384         2. For purposes of subparagraph 1., the applicable fee
  385  schedule or payment limitation under Medicare is the fee
  386  schedule or payment limitation in effect on March 1 of the year
  387  in which the services, supplies, or care is rendered and for the
  388  area in which such services, supplies, or care is rendered, and
  389  the applicable fee schedule or payment limitation applies from
  390  March 1 until the last day of February throughout the remainder
  391  of the following that year, notwithstanding any subsequent
  392  change made to the fee schedule or payment limitation, except
  393  that it may not be less than the allowable amount under the
  394  applicable schedule of Medicare Part B for 2007 for medical
  395  services, supplies, and care subject to Medicare Part B.
  396         3. Subparagraph 1. does not allow the insurer to apply any
  397  limitation on the number of treatments or other utilization
  398  limits that apply under Medicare or workers’ compensation. An
  399  insurer that applies the allowable payment limitations of
  400  subparagraph 1. must reimburse a provider who lawfully provided
  401  care or treatment under the scope of his or her license,
  402  regardless of whether such provider is entitled to reimbursement
  403  under Medicare due to restrictions or limitations on the types
  404  or discipline of health care providers who may be reimbursed for
  405  particular procedures or procedure codes. However, subparagraph
  406  1. does not prohibit an insurer from using the Medicare coding
  407  policies and payment methodologies of the federal Centers for
  408  Medicare and Medicaid Services, including applicable modifiers,
  409  to determine the appropriate amount of reimbursement for medical
  410  services, supplies, or care if the coding policy or payment
  411  methodology does not constitute a utilization limit.
  412         4. If an insurer limits payment as authorized by
  413  subparagraph 1., the person providing such services, supplies,
  414  or care may not bill or attempt to collect from the insured any
  415  amount in excess of such limits, except for amounts that are not
  416  covered by the insured’s personal injury protection coverage due
  417  to the coinsurance amount or maximum policy limits.
  418         5. Effective July 1, 2012, An insurer may limit payment as
  419  authorized by this paragraph only if the insurance policy
  420  includes a notice at the time of issuance or renewal that the
  421  insurer may limit payment pursuant to the schedule of charges
  422  specified in this paragraph. A policy form approved by the
  423  office satisfies this requirement. If a provider submits a
  424  charge for an amount less than the amount allowed under
  425  subparagraph 1., the insurer may pay the amount of the charge
  426  submitted.
  427         Section 9. Paragraphs (a) and (b) of subsection (2) of
  428  section 627.744, Florida Statutes, are amended to read:
  429         627.744 Required preinsurance inspection of private
  430  passenger motor vehicles.—
  431         (2) This section does not apply:
  432         (a) To a policy for a policyholder who has been insured for
  433  2 years or longer, without interruption, under a private
  434  passenger motor vehicle policy that which provides physical
  435  damage coverage for any vehicle, if the agent of the insurer
  436  verifies the previous coverage.
  437         (b) To a new, unused motor vehicle purchased or leased from
  438  a licensed motor vehicle dealer or leasing company., if The
  439  insurer may require is provided with:
  440         1. A bill of sale, or buyer’s order, or lease agreement
  441  that which contains a full description of the motor vehicle,
  442  including all options and accessories; or
  443         2. A copy of the title or registration that which
  444  establishes transfer of ownership from the dealer or leasing
  445  company to the customer and a copy of the window sticker or the
  446  dealer invoice showing the itemized options and equipment and
  447  the total retail price of the vehicle.
  448  
  449  For the purposes of this paragraph, the physical damage coverage
  450  on the motor vehicle may not be suspended during the term of the
  451  policy due to the applicant’s failure to provide or the
  452  insurer’s option not to require the required documents. However,
  453  if the insurer requires a document under this paragraph at the
  454  time the policy is issued, payment of a claim may be is
  455  conditioned upon the receipt by the insurer of the required
  456  documents, and no physical damage loss occurring after the
  457  effective date of the coverage may be is payable until the
  458  documents are provided to the insurer.
  459         Section 10. This act shall take effect July 1, 2015.