Senate Bill 1116

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



    Florida Senate - 1998                                  SB 1116

    By Senator Forman





    32-1346-98                                              See HB

  1                      A bill to be entitled

  2         An act relating to health insurance; amending

  3         s. 627.6484, F.S.; providing limitations on

  4         applications for insurance under certain

  5         circumstances; deleting requirements and

  6         criteria for a market assistance plan; amending

  7         s. 627.6486, F.S., to conform; amending s.

  8         627.6492, F.S.; exempting certain insurers from

  9         certain assessments under certain

10         circumstances; providing an exception;

11         providing requirements; providing an effective

12         date.

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

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16         Section 1.  Section 627.6484, Florida Statutes, is

17  amended to read:

18         627.6484  Termination of enrollment; availability of

19  other coverage.--

20         (1)  The association may shall accept up to 5,000

21  applications for insurance at a rate of up to 1,000

22  applications annually for a 5-year period, exclusive of

23  replacement applications only until June 30, 1991, after which

24  date no further applications may be accepted. Upon receipt of

25  an application for insurance, the association shall issue

26  coverage for an eligible applicant. Applications shall be

27  processed on a first-come, first-served basis.  All

28  applications received on the same day at the same time shall

29  be processed as a group, provided, if processing the number of

30  applications in such group would exceed the 1,000 application

31  limit for a given year, such group shall be held for

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






    Florida Senate - 1998                                  SB 1116
    32-1346-98                                              See HB




  1  processing until such time as processing such applications

  2  would not exceed such limit. When appropriate, the

  3  administrator shall forward a copy of the application to a

  4  market assistance plan created by the department, which shall

  5  conduct a diligent search of the private marketplace for a

  6  carrier willing to accept the application.

  7         (2)  The department shall, after consultation with the

  8  health insurers licensed in this state, adopt a market

  9  assistance plan to assist in the placement of risks of Florida

10  Comprehensive Health Association applicants. All health

11  insurers and health maintenance organizations licensed in this

12  state shall participate in the plan.

13         (3)  Guidelines for the use of such program shall be a

14  part of the association's plan of operation.  The guidelines

15  shall describe which types of applications are to be exempt

16  from submission to the market assistance plan. An exemption

17  shall be based upon a determination that due to a specific

18  health condition an applicant is ineligible for coverage in

19  the standard market. The guidelines shall also describe how

20  the market assistance plan is to be conducted, and how the

21  periodic reviews to depopulate the association are to be

22  conducted.

23         (4)  If a carrier is found through the market

24  assistance plan, the individual shall apply to that company.

25  If the individual's application is accepted, association

26  coverage shall terminate upon the effective date of the

27  coverage with the private carrier.  For the purpose of

28  applying a preexisting condition limitation or exclusion, any

29  carrier accepting a risk pursuant to this section shall

30  provide coverage as if it began on the date coverage was

31  effectuated on behalf of the association, and shall be

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






    Florida Senate - 1998                                  SB 1116
    32-1346-98                                              See HB




  1  indemnified by the association for claims costs incurred as a

  2  result of utilizing such effective date.

  3         (2)(5)  The association shall establish a policyholder

  4  assistance program by July 1, 1991, to assist in placing

  5  eligible policyholders in other coverage programs, including

  6  Medicare and Medicaid.

  7         Section 2.  Paragraph (f) of subsection (2) of section

  8  627.6486, Florida Statutes, is amended to read:

  9         627.6486  Eligibility.--

10         (2)

11         (f)  No person is eligible for coverage under the plan

12  unless such person has been rejected by two insurers for

13  coverage substantially similar to the plan coverage and no

14  insurer has been found through the market assistance plan

15  pursuant to s. 627.6484 that is willing to accept the

16  application.  As used in this paragraph, "rejection" includes

17  an offer of coverage with a material underwriting restriction

18  or an offer of coverage at a rate greater than the association

19  plan rate.

20         Section 3.  Subsection (4) is added to section

21  627.6492, Florida Statutes, to read:

22         627.6492  Participation of insurers.--

23         (4)  An insurer is exempt from the assessment imposed

24  under this section for all administrative costs and losses

25  incurred by all policyholders enrolled after January 1, 1999,

26  if such insurer has assumed the risk of insurance for a

27  proportionate number of persons from the Florida Comprehensive

28  Health Association pool of new applicants equal to the

29  percentage such insurer has in relation to the total insurance

30  coverage provided by all insurers. An insurer may not be

31  exempt from the assessment imposed under this section if such

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






    Florida Senate - 1998                                  SB 1116
    32-1346-98                                              See HB




  1  insurer's market percentage in relation to the total insurance

  2  coverage provided by all insurers is less than 2 percent.

  3  Administrative costs and losses incurred by all policyholders

  4  prior to January 1, 1999, shall be distributed as provided in

  5  this section. Participation of insurers shall continue until

  6  such time as the pool of insureds ceases to exist.

  7         Section 4.  This act shall take effect October 1 of the

  8  year in which enacted.

  9

10            *****************************************

11                          HOUSE SUMMARY

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      Provides limitations on applications for insurance
13    through the Florida Comprehensive Health Association.
      Deletes requirements for a market assistance plan for
14    placement of risks. Exempts insurers from assessments for
      administrative costs and losses incurred by policyholders
15    under specific circumstances. See bill for details.

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