Florida Senate - 2019                                    SB 1422
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-01636-19                                           20191422__
    1                        A bill to be entitled                      
    2         An act relating to health plans; amending s. 624.438,
    3         F.S.; revising eligibility requirements for multiple
    4         employer welfare arrangements; amending s. 627.6045,
    5         F.S.; revising applicability of requirements relating
    6         to preexisting conditions; revising the font size for
    7         a certain disclosure; amending s. 627.6425, F.S.;
    8         revising the definition of the term “individual health
    9         insurance” relating to renewability of individual
   10         coverage; creating ss. 627.6426 and 627.6525, F.S.;
   11         defining the term “short-term health insurance”;
   12         providing disclosure requirements for short-term
   13         individual, group, blanket, and franchise health
   14         insurance policies; amending s. 627.654, F.S.;
   15         revising requirements for, and applicability relating
   16         to, association and small employer policies; providing
   17         an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (b) of subsection (1) of section
   22  624.438, Florida Statutes, is amended to read:
   23         624.438 General eligibility.—
   24         (1) To meet the requirements for issuance of a certificate
   25  of authority and to maintain a multiple-employer welfare
   26  arrangement, an arrangement:
   27         (b)1. Must be established by a bona fide group trade
   28  association, industry association, or professional association
   29  of employers as defined in 29 C.F.R. s. 2510.3-5 or
   30  professionals which has a constitution or bylaws specifically
   31  stating its purpose and which has been organized and maintained
   32  in good faith for a continuous period of 1 year for purposes in
   33  addition to other than that of obtaining or providing insurance.
   34         2.Must not combine member employers from disparate trades,
   35  industries, or professions as defined by the appropriate
   36  licensing agencies, and must not combine member employers from
   37  more than one of the employer categories defined in sub
   38  subparagraphs a.-c.
   39         a.A trade association consists of member employers who are
   40  in the same trade as recognized by the appropriate licensing
   41  agency.
   42         b.An industry association consists of member employers who
   43  are in the same major group code, as defined by the Standard
   44  Industrial Classification Manual issued by the federal Office of
   45  Management and Budget, unless restricted by sub-subparagraph a.
   46  or sub-subparagraph c.
   47         c.A professional association consists of member employers
   48  who are of the same profession as recognized by the appropriate
   49  licensing agency.
   50  
   51  The requirements of this paragraph subparagraph do not apply to
   52  an arrangement licensed before prior to April 1, 1995,
   53  regardless of the nature of its business. However, an
   54  arrangement exempt from the requirements of this paragraph
   55  subparagraph may not expand the nature of its business beyond
   56  that set forth in the articles of incorporation of its
   57  sponsoring association as of April 1, 1995, except as authorized
   58  in this paragraph subparagraph.
   59         Section 2. Subsection (3) of section 627.6045, Florida
   60  Statutes, is amended to read:
   61         627.6045 Preexisting condition.—A health insurance policy
   62  must comply with the following:
   63         (3) This section does not apply to short-term, nonrenewable
   64  health insurance policies of no more than a 6-month policy term,
   65  provided that it is clearly disclosed to the applicant in the
   66  advertising and application, in 14-point 10-point contrasting
   67  type, that “This policy does not meet the definition of
   68  qualifying previous coverage or qualifying existing coverage as
   69  defined in s. 627.6699. As a result, if purchased in lieu of a
   70  conversion policy or other group coverage, you may have to meet
   71  a preexisting condition requirement when renewing or purchasing
   72  other coverage.”
   73         Section 3. Subsection (1) of section 627.6425, Florida
   74  Statutes, is amended to read:
   75         627.6425 Renewability of individual coverage.—
   76         (1) Except as otherwise provided in this section, an
   77  insurer that provides individual health insurance coverage to an
   78  individual shall renew or continue in force such coverage at the
   79  option of the individual. For the purpose of this section, the
   80  term “individual health insurance” means health insurance
   81  coverage, as described in s. 624.603, offered to an individual
   82  in this state, including certificates of coverage offered to
   83  individuals in this state as part of a group policy issued to an
   84  association outside this state, but the term does not include
   85  short-term limited duration insurance or excepted benefits
   86  specified in s. 627.6513(1)-(14).
   87         Section 4. Section 627.6426, Florida Statutes, is created
   88  to read:
   89         627.6426Short-term health insurance.—
   90         (1)For purposes of this part, the term “short-term health
   91  insurance” means health insurance coverage provided by an issuer
   92  with an expiration date specified in the contract which is less
   93  than 12 months after the original effective date of the contract
   94  and, taking into account renewals or extensions, has a duration
   95  not to exceed 36 months in total.
   96         (2)All contracts for short-term health insurance entered
   97  into by an issuer and an individual seeking coverage shall
   98  include the following disclosure:
   99  
  100  “This coverage is not required to comply with certain federal
  101  market requirements for health insurance, principally those
  102  contained in the Patient Protection and Affordable Care Act. Be
  103  sure to check your policy carefully to make sure you are aware
  104  of any exclusions or limitations regarding coverage of
  105  preexisting conditions or health benefits (such as
  106  hospitalization, emergency services, maternity care, preventive
  107  care, prescription drugs, and mental health and substance use
  108  disorder services). Your policy might also have lifetime and/or
  109  annual dollar limits on health benefits. If this coverage
  110  expires or you lose eligibility for this coverage, you might
  111  have to wait until an open enrollment period to get other health
  112  insurance coverage.”
  113         Section 5. Section 627.6525, Florida Statutes, is created
  114  to read:
  115         627.6525Short-term health insurance.—
  116         (1)For purposes of this part, the term “short-term health
  117  insurance” means a group, blanket, or franchise policy of health
  118  insurance coverage provided by an issuer with an expiration date
  119  specified in the contract which is less than 12 months after the
  120  original effective date of the contract and, taking into account
  121  renewals or extensions, has a duration not to exceed 36 months
  122  in total.
  123         (2)All contracts for short-term health insurance entered
  124  into by an issuer and a party seeking coverage shall include the
  125  following disclosure:
  126  
  127  “This coverage is not required to comply with certain federal
  128  market requirements for health insurance, principally those
  129  contained in the Patient Protection and Affordable Care Act. Be
  130  sure to check your policy carefully to make sure you are aware
  131  of any exclusions or limitations regarding coverage of
  132  preexisting conditions or health benefits (such as
  133  hospitalization, emergency services, maternity care, preventive
  134  care, prescription drugs, and mental health and substance use
  135  disorder services). Your policy might also have lifetime and/or
  136  annual dollar limits on health benefits. If this coverage
  137  expires or you lose eligibility for this coverage, you might
  138  have to wait until an open enrollment period to get other health
  139  insurance coverage.”
  140         Section 6. Subsection (1) of section 627.654, Florida
  141  Statutes, is amended to read:
  142         627.654 Labor union, association, and small employer health
  143  alliance groups.—
  144         (1)(a) A bona fide group or association of employers, as
  145  defined in 29 C.F.R. s. 2510.3-5, or a group of individuals may
  146  be insured under a policy issued to an association, including a
  147  labor union, which association has a constitution and bylaws and
  148  not less than 25 individual members and which has been organized
  149  and has been maintained in good faith for a period of 1 year for
  150  purposes in addition to other than that of obtaining insurance,
  151  or to the trustees of a fund established by such an association,
  152  which association or trustees shall be deemed the policyholder,
  153  insuring at least 15 individual members of the association for
  154  the benefit of persons other than the officers of the
  155  association, the association, or trustees.
  156         (b) A small employer, as defined in s. 627.6699 and
  157  including the employer’s eligible employees and the spouses and
  158  dependents of such employees, may be insured under a policy
  159  issued to a small employer health alliance by a carrier as
  160  defined in s. 627.6699. A small employer health alliance must be
  161  organized as a not-for-profit corporation under chapter 617.
  162  Notwithstanding any other law, if a small employer member of an
  163  alliance loses eligibility to purchase health care through the
  164  alliance solely because the business of the small employer
  165  member expands to more than 50 and fewer than 75 eligible
  166  employees, the small employer member may, at its next renewal
  167  date, purchase coverage through the alliance for not more than 1
  168  additional year. A small employer health alliance shall
  169  establish conditions of participation in the alliance by a small
  170  employer, including, but not limited to:
  171         1.Assurance that the small employer is not formed for the
  172  purpose of securing health benefit coverage.
  173         2.Assurance that the employees of a small employer have
  174  not been added for the purpose of securing health benefit
  175  coverage.
  176         Section 7. This act shall take effect July 1, 2019.