Florida Senate - 2017                                     SB 580
       
       
        
       By Senator Garcia
       
       36-00709-17                                            2017580__
    1                        A bill to be entitled                      
    2         An act relating to insurance administrators; amending
    3         s. 626.88, F.S.; redefining the term “administrator”
    4         to include a pharmacy benefits manager; amending s.
    5         626.8805, F.S.; requiring the Office of Insurance
    6         Regulation to conduct quarterly audits, for a certain
    7         purpose, of pharmacy benefits managers that hold
    8         certificates of authority to act as administrators;
    9         amending ss. 626.891 and 626.894, F.S.; adding
   10         violations of certain provisions of the Florida
   11         Pharmacy Act as grounds for the office’s suspension or
   12         revocation of an administrator’s certificate of
   13         authority or imposition of a fine, respectively;
   14         prohibiting the office, within a specified timeframe,
   15         from penalizing a pharmacy benefits manager for
   16         operating as an administrator if the pharmacy benefits
   17         manager meets certain conditions; providing a
   18         directive to the Division of Law Revision and
   19         Information; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (1) of section 626.88, Florida
   24  Statutes, is amended to read:
   25         626.88 Definitions.—For the purposes of this part, the
   26  term:
   27         (1) “Administrator” is any person who directly or
   28  indirectly solicits or effects coverage of, collects charges or
   29  premiums from, or adjusts or settles claims on residents of this
   30  state in connection with authorized commercial self-insurance
   31  funds or with insured or self-insured programs which provide
   32  life or health insurance coverage or coverage of any other
   33  expenses described in s. 624.33(1); or any person who, through a
   34  health care risk contract as defined in s. 641.234 with an
   35  insurer or health maintenance organization, provides billing and
   36  collection services to health insurers and health maintenance
   37  organizations on behalf of health care providers; or a pharmacy
   38  benefits manager as defined in s. 465.1862(1). The term does not
   39  include the following persons, other than any of the following
   40  persons:
   41         (a) An employer or wholly owned direct or indirect
   42  subsidiary of an employer, on behalf of such employer’s
   43  employees or the employees of one or more subsidiary or
   44  affiliated corporations of such employer.
   45         (b) A union on behalf of its members.
   46         (c) An insurance company which is either authorized to
   47  transact insurance in this state or is acting as an insurer with
   48  respect to a policy lawfully issued and delivered by such
   49  company in and pursuant to the laws of a state in which the
   50  insurer was authorized to transact an insurance business.
   51         (d) A health care services plan, health maintenance
   52  organization, professional service plan corporation, or person
   53  in the business of providing continuing care, possessing a valid
   54  certificate of authority issued by the office, and the sales
   55  representatives thereof, if the activities of such entity are
   56  limited to the activities permitted under the certificate of
   57  authority.
   58         (e) An entity that is affiliated with an insurer and that
   59  only performs the contractual duties, between the administrator
   60  and the insurer, of an administrator for the direct and assumed
   61  insurance business of the affiliated insurer. The insurer is
   62  responsible for the acts of the administrator and is responsible
   63  for providing all of the administrator’s books and records to
   64  the insurance commissioner, upon a request from the insurance
   65  commissioner. For purposes of this paragraph, the term “insurer”
   66  means a licensed insurance company, health maintenance
   67  organization, prepaid limited health service organization, or
   68  prepaid health clinic.
   69         (f) A nonresident entity licensed in its state of domicile
   70  as an administrator if its duties in this state are limited to
   71  the administration of a group policy or plan of insurance and no
   72  more than a total of 100 lives for all plans reside in this
   73  state.
   74         (g) An insurance agent licensed in this state whose
   75  activities are limited exclusively to the sale of insurance.
   76         (h) A person licensed as a managing general agent in this
   77  state whose activities are limited exclusively to the scope of
   78  activities conveyed under such license.
   79         (i) An adjuster licensed in this state whose activities are
   80  limited to the adjustment of claims.
   81         (j) A creditor on behalf of such creditor’s debtors with
   82  respect to insurance covering a debt between the creditor and
   83  its debtors.
   84         (k) A trust and its trustees, agents, and employees acting
   85  pursuant to such trust established in conformity with 29 U.S.C.
   86  s. 186.
   87         (l) A trust exempt from taxation under s. 501(a) of the
   88  Internal Revenue Code, a trust satisfying the requirements of
   89  ss. 624.438 and 624.439, or any governmental trust as defined in
   90  s. 624.33(3), and the trustees and employees acting pursuant to
   91  such trust, or a custodian and its agents and employees,
   92  including individuals representing the trustees in overseeing
   93  the activities of a service company or administrator, acting
   94  pursuant to a custodial account which meets the requirements of
   95  s. 401(f) of the Internal Revenue Code.
   96         (m) A financial institution which is subject to supervision
   97  or examination by federal or state authorities or a mortgage
   98  lender licensed under chapter 494 who collects and remits
   99  premiums to licensed insurance agents or authorized insurers
  100  concurrently or in connection with mortgage loan payments.
  101         (n) A credit card issuing company which advances for and
  102  collects premiums or charges from its credit card holders who
  103  have authorized such collection if such company does not adjust
  104  or settle claims.
  105         (o) A person who adjusts or settles claims in the normal
  106  course of such person’s practice or employment as an attorney at
  107  law and who does not collect charges or premiums in connection
  108  with life or health insurance coverage.
  109         (p) A person approved by the department who administers
  110  only self-insured workers’ compensation plans.
  111         (q) A service company or service agent and its employees,
  112  authorized in accordance with ss. 626.895-626.899, serving only
  113  a single employer plan, multiple-employer welfare arrangements,
  114  or a combination thereof.
  115         (r) Any provider or group practice, as defined in s.
  116  456.053, providing services under the scope of the license of
  117  the provider or the member of the group practice.
  118         (s) Any hospital providing billing, claims, and collection
  119  services solely on its own and its physicians’ behalf and
  120  providing services under the scope of its license.
  121         (t) A corporation not for profit whose membership consists
  122  entirely of local governmental units authorized to enter into
  123  risk management consortiums under s. 112.08.
  124  
  125  A person who provides billing and collection services to health
  126  insurers and health maintenance organizations on behalf of
  127  health care providers shall comply with the provisions of ss.
  128  627.6131, 641.3155, and 641.51(4).
  129         Section 2. Present subsection (6) of section 626.8805,
  130  Florida Statutes, is redesignated as subsection (7), and a new
  131  subsection (6) is added to that section, to read:
  132         626.8805 Certificate of authority to act as administrator.—
  133         (6) The office shall conduct quarterly audits of each
  134  pharmacy benefits manager who holds a certificate of authority
  135  to act as an administrator under this part for the purpose of
  136  determining whether the pharmacy benefits manager violated any
  137  provision of s. 465.1862.
  138         Section 3. Subsection (2) of section 626.891, Florida
  139  Statutes, is amended to read:
  140         626.891 Grounds for suspension or revocation of certificate
  141  of authority.—
  142         (2) The office may, in its discretion, suspend or revoke
  143  the certificate of authority of an administrator if it finds
  144  that the administrator:
  145         (a) Has violated any lawful rule or order of the commission
  146  or office, or any provision of this chapter, s. 465.1862, or s.
  147  465.1885;
  148         (b) Has refused to be examined or to produce its accounts,
  149  records, and files for examination, or if any of its officers
  150  has refused to give information with respect to its affairs or
  151  has refused to perform any other legal obligation as to such
  152  examination, when required by the office;
  153         (c) Has, without just cause, refused to pay proper claims
  154  or perform services arising under its contracts or has, without
  155  just cause, compelled insured persons to accept less than the
  156  amount due them or to employ attorneys or bring suit against the
  157  administrator to secure full payment or settlement of such
  158  claims;
  159         (d) Is or was affiliated with and under the same general
  160  management or interlocking directorate or ownership as another
  161  administrator which transacts business in this state without
  162  having a certificate of authority;
  163         (e) At any time fails to meet any qualification for which
  164  issuance of the certificate could have been refused had such
  165  failure then existed and been known to the office;
  166         (f) Has been convicted of, or has entered a plea of guilty
  167  or nolo contendere to, a felony relating to the business of
  168  insurance or insurance administration in this state or in any
  169  other state without regard to whether adjudication was withheld;
  170  or
  171         (g) Is under suspension or revocation in another state.
  172         Section 4. Subsection (3) of section 626.894, Florida
  173  Statutes, is amended to read:
  174         626.894 Administrative fine in lieu of suspension or
  175  revocation.—
  176         (3) With respect to any knowing and willful violation of a
  177  lawful order or rule of the office or commission, or a provision
  178  of this part, s. 465.1862, or s. 465.1885, the office may impose
  179  a fine upon the administrator in an amount not to exceed $5,000
  180  for each such violation. In no event may such fine exceed an
  181  aggregate amount of $25,000 for all knowing and willful
  182  violations arising out of the same action. In addition to such
  183  fine, the administrator shall make restitution when due in
  184  accordance with the provisions of subsection (2).
  185         Section 5. Within 180 days after the effective date of this
  186  act, the Office of Insurance Regulation may not penalize a
  187  pharmacy benefits manager, as defined in s. 465.1862(1), Florida
  188  Statutes, for operating as an administrator if the pharmacy
  189  benefits manager applies for a certificate of authority within
  190  90 days after the effective date of this act and is issued such
  191  certificate of authority within 180 days after the effective
  192  date of this act.
  193         Section 6. The Division of Law Revision and Information is
  194  directed to replace the phrase “the effective date of this act”
  195  wherever it occurs in this act with the date this act becomes a
  196  law.
  197         Section 7. This act shall take effect upon becoming a law.