House Bill 4495

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    Florida House of Representatives - 1998                HB 4495

        By the Committee on Health Care Services and
    Representatives Albright, Casey, Bloom, Gottlieb, Tamargo,
    Goode, Arnall, Peaden and Flanagan




  1                      A bill to be entitled

  2         An act relating to health insurance; creating

  3         s. 222.23, F.S.; exempting moneys paid into a

  4         medical savings account from attachment,

  5         garnishment, or legal process; creating the

  6         "Equity in Contraceptive Coverage Act of 1998";

  7         providing legislative findings and intent;

  8         creating ss. 627.64061 and 627.65741, F.S., and

  9         amending 641.31, F.S.; requiring certain health

10         insurance policies and health maintenance

11         contracts to provide coverage for prescription

12         oral contraceptives; amending s. 627.6515,

13         F.S.; applying certain requirements for group

14         coverage to out-of-state groups; amending s.

15         627.6571, F.S.; clarifying application;

16         amending s. 627.6675, F.S.; revising standards

17         for renewal of converted insurance policies;

18         creating s. 627.6685, F.S.; requiring health

19         insurers and health maintenance organizations

20         to include in their plans that offer mental

21         health coverage annual and lifetime mental

22         health benefits coverage restrictions that are

23         not less than annual and lifetime benefits

24         coverage restrictions for medical or surgical

25         benefits covered by the plan; providing

26         exemptions; amending s. 627.6699, F.S.;

27         revising a definition; authorizing the

28         Department of Insurance to adopt rules

29         governing guaranteed issue of Medicare

30         supplement coverage for continuously covered

31         individuals; applying certain requirements for

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  1         group coverage to coverage for small employers;

  2         amending s. 627.674, F.S.; revising the minimum

  3         standards for Medicare Supplement policies;

  4         amending s. 627.6741, F.S.; revising

  5         requirements for insurers to issue, cancel,

  6         nonrenew, and replace Medicare supplement

  7         policies; restricting preexisting condition

  8         exclusions; amending s. 627.912, F.S.;

  9         requiring certain self-insurers to report

10         certain information to the Department of

11         Insurance; amending s. 627.9403, F.S.;

12         clarifying application to certain types of

13         long-term care policies; amending s. 627.9404,

14         F.S.; exempting long-term care insurance

15         policies from certain requirements; providing

16         definitions; amending s. 627.9407, F.S.;

17         revising the definition of "preexisting

18         condition"; requiring certain insurance

19         policies to provide disclosure of certain

20         information; amending s. 627.94073, F.S.,

21         clarifying notice; amending s. 641.225, F.S.;

22         increasing solvency requirements for health

23         maintenance organizations; amending s. 641.285,

24         F.S.; revising requirements for insolvency

25         protection; authorizing the Department of

26         Insurance to increase insolvency protection for

27         certain health maintenance organizations;

28         amending s. 641.31074, F.S.; removing redundant

29         language and making technical corrections;

30         amending s. 641.3922, F.S.; revising standards

31         for renewal of converted health maintenance

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  1         organization policies; amending s. 641.495,

  2         F.S.; exempting from certain licensure

  3         requirements certain beds of a health

  4         maintenance organization; repealing s.

  5         641.3922(7)(b), F.S., relating to cancellation

  6         or nonrenewal of health maintenance contracts

  7         due to eligibility for coverage under Medicare;

  8         providing an effective date.

  9

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

11

12         Section 1.  Section 222.23, Florida Statutes, is

13  created to read:

14         222.23  Exemption of moneys in the medical savings

15  account from legal process.--Moneys paid into or out of a

16  medical savings account by or on behalf of a person depositing

17  money into such account or qualified beneficiary are not

18  liable to attachment, garnishment, or legal process in the

19  state in favor of any creditor of such person or beneficiary

20  of such medical savings account.

21         Section 2.  Section 3, ss. 627.64061, 627.65741, and

22  641.31(34), Florida Statutes, and amendments to ss. 627.6515

23  and 627.6699, Florida Statutes, providing for application of

24  s. 627.67541, Florida Statutes, may be cited as the "Equity in

25  Prescription Insurance and Contraceptive Coverage Act of

26  1998."

27         Section 3.  Legislative findings and intent.--

28         (1)  The Legislature finds that:

29         (a)  Each year, more than half of all pregnancies in

30  this state are unintended.

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  1         (b)  Contraceptive services are part of basic health

  2  care, allowing families to both adequately space desired

  3  pregnancies and avoid unintended pregnancy.

  4         (c)  Contraceptives are highly cost effective, yielding

  5  from $4 to $14 dollars in savings for every dollar expended.

  6         (d)  By reducing rates of unintended pregnancy,

  7  contraceptives help reduce the need for abortions.

  8         (e)  Unintended pregnancies lead to higher rates of

  9  infant mortality, low birth weight, and maternal morbidity,

10  and threaten the economic viability of families.

11         (f)  Most women in this state of childbearing age rely

12  on private employment-related insurance to cover their medical

13  expenses.

14         (g)  Most private insurers cover prescription drugs,

15  but many exclude coverage for prescription contraceptives.

16         (h)  The lack of contraceptive coverage in health

17  insurance policies places many effective forms of

18  contraceptives beyond the financial reach of many women,

19  leading to unintended pregnancies.

20         (2)  Therefore, the Legislature determines that

21  enactment of this bill constitutes an important state

22  interest.

23         Section 4.  Section 627.64061, Florida Statutes, is

24  created to read:

25         627.64061  Coverage for prescription

26  contraceptives.--Any health insurance policy that provides

27  coverage for outpatient prescription drugs shall cover

28  prescription oral contraceptives approved by the federal Food

29  and Drug Administration and prescribed by a practitioner

30  authorized by state licensure to prescribe such medication.

31  Coverage must be provided to the same extent and subject to

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  1  the same contract terms, including copayments and deductibles,

  2  as any other prescription drug.  Nothing in this section:

  3         (1)  Requires an insurer regulated under this part to

  4  provide coverage for any prescription oral contraceptive if

  5  the insurer or policyholder objects on religious or moral

  6  grounds.  Failure to provide coverage for prescription oral

  7  contraceptives based on religious or moral grounds shall not

  8  be the basis for any claim for damages or any recriminatory or

  9  discriminatory action against an insurer or policyholder.

10         (2)  Applies to any prescription medications which are

11  abortifacient in nature.

12         Section 5.  Paragraph (c) of subsection (2) of section

13  627.6515, Florida Statutes, is amended to read:

14         627.6515  Out-of-state groups.--

15         (2)  This part does not apply to a group health

16  insurance policy issued or delivered outside this state under

17  which a resident of this state is provided coverage if:

18         (c)  The policy provides the benefits specified in ss.

19  627.419, 627.6574, 627.65741, 627.6575, 627.6579, 627.6612,

20  627.66121, 627.66122, 627.6613, 627.667, 627.6675, and

21  627.6691.

22         Section 6.  Paragraph (b) of subsection (3) of section

23  627.6571, Florida Statutes, is amended to read:

24         627.6571  Guaranteed renewability of coverage.--

25         (3)

26         (b)1.  In any case in which an insurer elects to

27  discontinue offering all health insurance coverage in the

28  small-group market or the large-group market, or both, in this

29  state, health insurance coverage may be discontinued by the

30  insurer only if:

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  1         a.  The insurer provides notice to the department and

  2  to each policyholder, and participants and beneficiaries

  3  covered under such coverage, of such discontinuation at least

  4  180 days prior to the date of the discontinuation of such

  5  coverage; and

  6         b.  All health insurance issued or delivered for

  7  issuance in this state in such market markets is discontinued

  8  and coverage under such health insurance coverage in such

  9  market is not renewed.

10         2.  In the case of a discontinuation under subparagraph

11  1. in a market, the insurer may not provide for the issuance

12  of any health insurance coverage in the market in this state

13  during the 5-year period beginning on the date of the

14  discontinuation of the last insurance coverage not renewed.

15         Section 7.  Section 627.65741, Florida Statutes, is

16  created to read:

17         627.65741  Coverage for prescription

18  contraceptives.--Any group, franchise, accident, or health

19  insurance policy that provides coverage for outpatient

20  prescription drugs shall cover prescription oral

21  contraceptives approved by the federal Food and Drug

22  Administration and prescribed by a practitioner authorized by

23  state licensure to prescribe such medication.  Coverage must

24  be provided to the same extent and subject to the same

25  contract terms, including copayments and deductibles, as any

26  other prescription drug.  Nothing in this section:

27         (1)  Requires an insurer regulated under this part to

28  provide coverage for any prescription oral contraceptive if

29  the insurer or policyholder objects on religious or moral

30  grounds.  Failure to provide coverage for prescription oral

31  contraceptives based on religious or moral grounds shall not

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  1  be the basis for any claim for damages or any recriminatory or

  2  discriminatory action against an insurer or policyholder.

  3         (2)  Applies to any prescription medications which are

  4  abortifacient in nature.

  5         Section 8.  Paragraph (b) of subsection (7) of section

  6  627.6675, Florida Statutes, is amended to read:

  7         627.6675  Conversion on termination of

  8  eligibility.--Subject to all of the provisions of this

  9  section, a group policy delivered or issued for delivery in

10  this state by an insurer or nonprofit health care services

11  plan that provides, on an expense-incurred basis, hospital,

12  surgical, or major medical expense insurance, or any

13  combination of these coverages, shall provide that an employee

14  or member whose insurance under the group policy has been

15  terminated for any reason, including discontinuance of the

16  group policy in its entirety or with respect to an insured

17  class, and who has been continuously insured under the group

18  policy, and under any group policy providing similar benefits

19  that the terminated group policy replaced, for at least 3

20  months immediately prior to termination, shall be entitled to

21  have issued to him or her by the insurer a policy or

22  certificate of health insurance, referred to in this section

23  as a "converted policy."  An employee or member shall not be

24  entitled to a converted policy if termination of his or her

25  insurance under the group policy occurred because he or she

26  failed to pay any required contribution, or because any

27  discontinued group coverage was replaced by similar group

28  coverage within 31 days after discontinuance.

29         (7)  INFORMATION REQUESTED BY INSURER.--

30

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  1         (b)  The converted policy may provide that the insurer

  2  may refuse to renew the policy or the coverage of any person

  3  only for one or more of the following reasons:

  4         1.  Either the benefits provided under the sources

  5  referred to in subparagraphs (a)1. and 2. for the person or

  6  the benefits provided or available under the sources referred

  7  to in subparagraph (a)3. for the person, together with the

  8  benefits provided by the converted policy, would result in

  9  overinsurance according to the insurer's standards on file

10  with the department.

11         2.  The converted policyholder fails to provide the

12  information requested pursuant to paragraph (a).

13         3.  Fraud or intentional material misrepresentation in

14  applying for any benefits under the converted policy.

15         4.  Eligibility of the insured person for coverage

16  under Medicare or under any other state or federal law

17  providing for benefits similar to those provided by the

18  converted policy.

19         4.5.  Other reasons approved by the department.

20         Section 9.  Section 627.6685, Florida Statutes, is

21  created to read:

22         627.6685  Mental health coverage.--

23         (1)  DEFINITIONS.--As used in this section:

24         (a)  "Aggregate lifetime limit" means, with respect to

25  benefits under a group health plan or health insurance

26  coverage, a dollar limitation on the total amount that may be

27  paid with respect to such benefits under the plan or health

28  insurance coverage with respect to an individual or other

29  coverage unit.

30         (b)  "Annual limit" means, with respect to benefits

31  under a group health plan or health insurance coverage, a

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  1  dollar limitation on the total amount of benefits that may be

  2  paid with respect to such benefits in a 12-month period under

  3  the plan or health insurance coverage with respect to an

  4  individual or other coverage unit.

  5         (c)  "Medical or surgical benefits" means benefits with

  6  respect to medical or surgical services, as defined under the

  7  terms of the plan or coverage, but does not include mental

  8  health benefits.

  9         (d)  "Mental health benefits" means benefits with

10  respect to mental health services, as defined under the terms

11  of the plan or coverage, but does not include benefits with

12  respect to treatment of substance abuse or chemical

13  dependency.

14         (e)  "Health insurance coverage" means coverage

15  provided by an authorized insurer or by a health maintenance

16  organization.

17         (2)  BENEFITS.--

18         (a)1.  In the case of a group health plan, or health

19  insurance coverage offered in connection with such a plan,

20  which provides both medical and surgical benefits and mental

21  health benefits:

22         a.  If the plan or coverage does not include an

23  aggregate lifetime limit on substantially all medical and

24  surgical benefits, the plan or coverage may not impose any

25  aggregate lifetime limit on mental health benefits.

26         b.  If the plan or coverage includes an aggregate

27  lifetime limit on substantially all medical and surgical

28  benefits, the plan or coverage must:

29         (I)  Apply that applicable lifetime limit both to the

30  medical and surgical benefits to which it otherwise would

31  apply and to mental health benefits and not distinguish in the

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  1  application of such limit between such medical and surgical

  2  benefits and mental health benefits; or

  3         (II)  Not include any aggregate lifetime limit on

  4  mental health benefits which is less than that applicable

  5  lifetime limit.

  6         c.  For any plan or coverage that is not described in

  7  sub-subparagraph a. or sub-subparagraph b. and that includes

  8  no or different aggregate lifetime limits on different

  9  categories of medical and surgical benefits, the department

10  shall establish rules under which sub-subparagraph b. is

11  applied to such plan or coverage with respect to mental health

12  benefits by substituting for the applicable lifetime limit an

13  average aggregate lifetime limit that is computed taking into

14  account the weighted average of the aggregate lifetime limits

15  applicable to such categories.

16         2.  In the case of a group health plan, or health

17  insurance coverage offered in connection with such a plan,

18  which provides both medical and surgical benefits and mental

19  health benefits:

20         a.  If the plan or coverage does not include an annual

21  limit on substantially all medical and surgical benefits, the

22  plan or coverage may not impose any annual limit on mental

23  health benefits.

24         b.  If the plan or coverage includes an annual limit on

25  substantially all medical and surgical benefits, the plan or

26  coverage must:

27         (I)  Apply that applicable annual limit both to medical

28  and surgical benefits to which it otherwise would apply and to

29  mental health benefits and not distinguish in the application

30  of such limit between such medical and surgical benefits and

31  mental health benefits; or

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  1         (II)  Not include any annual limit on mental health

  2  benefits which is less than the applicable annual limit.

  3         c.  For any plan or coverage that is not described in

  4  sub-subparagraph a. or sub-subparagraph b. and that includes

  5  no or different annual limits on different categories of

  6  medical and surgical benefits, the department shall establish

  7  rules under which sub-subparagraph b. is applied to such plan

  8  or coverage with respect to mental health benefits by

  9  substituting for the applicable annual limit an average annual

10  limit that is computed taking into account the weighted

11  average of the annual limits applicable to such categories.

12         (b)  Nothing in this section shall be construed:

13         1.  To require a group health plan, or health insurance

14  coverage offered in connection with such a plan, to provide

15  any mental health benefits; or

16         2.  In the case of a group health plan, or health

17  insurance coverage offered in connection with such a plan,

18  which provides mental health benefits, to affect the terms and

19  conditions, including cost-sharing, limits on numbers of

20  visits or days of coverage, and requirements relating to

21  medical necessity, relating to the amount, duration, or scope

22  of mental health benefits under the plan or coverage, except

23  as specifically provided in paragraph (a) with respect to

24  parity in the imposition of aggregate lifetime limits and

25  annual limits for mental health benefits.

26         (3)  EXEMPTIONS.--

27         (a)  This section does not apply to any group health

28  plan, or group health insurance coverage offered in connection

29  with a group health plan, for any plan year of a small

30  employer as defined in s. 627.6699.

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  1         (b)  This section does not apply with respect to a

  2  group health plan, or health insurance coverage offered in

  3  connection with a group health plan, if the application of

  4  this section to such plan or coverage results in an increase

  5  in the cost under the plan or for such coverage of at least 1

  6  percent.

  7         (4)  SEPARATE APPLICATION.--For any group health plan

  8  that offers a participant or beneficiary two or more

  9  benefit-package options under the plan, the requirements of

10  this section apply separately with respect to each such

11  option.

12         (5)  DURATION.--This section does not apply to benefits

13  for services furnished on or after September 30, 2001.

14         (6)  APPLICATION.--The provisions of this section shall

15  control in the event to the extent of any conflict between

16  this section and s. 627.668.

17         Section 10.  Paragraph (k) of subsection (3) and

18  paragraph (b) of subsection (12) of section 627.6699, Florida

19  Statutes, are amended to read:

20         627.6699  Employee Health Care Access Act.--

21         (3)  DEFINITIONS.--As used in this section, the term:

22         (k)  "Health benefit plan" means any hospital or

23  medical policy or certificate, hospital or medical service

24  plan contract, or health maintenance organization subscriber

25  contract. The term does not include accident-only, specified

26  disease, individual hospital indemnity, credit, dental-only,

27  vision-only, Medicare supplement, and similar supplemental

28  plans provided under a separate policy, certificate, or

29  contract of insurance, which cannot duplicate coverage under

30  an underlying health plan and are specifically designed to

31  fill gaps in the underlying health plan, coinsurance, or

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  1  deductibles, long-term care, or disability income insurance;

  2  coverage issued as a supplement to liability insurance;

  3  workers' compensation or similar insurance; or automobile

  4  medical-payment insurance.

  5         (12)  STANDARD, BASIC, AND LIMITED HEALTH BENEFIT

  6  PLANS.--

  7         (b)1.  Each small employer carrier issuing new health

  8  benefit plans shall offer to any small employer, upon request,

  9  a standard health benefit plan and a basic health benefit plan

10  that meets the criteria set forth in this section.

11         2.  For purposes of this subsection, the terms

12  "standard health benefit plan" and "basic health benefit plan"

13  mean policies or contracts that a small employer carrier

14  offers to eligible small employers that contain:

15         a.  An exclusion for services that are not medically

16  necessary or that are not covered preventive health services;

17  and

18         b.  A procedure for preauthorization by the small

19  employer carrier, or its designees.

20         3.  A small employer carrier may include the following

21  managed care provisions in the policy or contract to control

22  costs:

23         a.  A preferred provider arrangement or exclusive

24  provider organization or any combination thereof, in which a

25  small employer carrier enters into a written agreement with

26  the provider to provide services at specified levels of

27  reimbursement or to provide reimbursement to specified

28  providers. Any such written agreement between a provider and a

29  small employer carrier must contain a provision under which

30  the parties agree that the insured individual or covered

31  member has no obligation to make payment for any medical

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  1  service rendered by the provider which is determined not to be

  2  medically necessary.  A carrier may use preferred provider

  3  arrangements or exclusive provider arrangements to the same

  4  extent as allowed in group products that are not issued to

  5  small employers.

  6         b.  A procedure for utilization review by the small

  7  employer carrier or its designees.

  8

  9  This subparagraph does not prohibit a small employer carrier

10  from including in its policy or contract additional managed

11  care and cost containment provisions, subject to the approval

12  of the department, which have potential for controlling costs

13  in a manner that does not result in inequitable treatment of

14  insureds or subscribers.  The carrier may use such provisions

15  to the same extent as authorized for group products that are

16  not issued to small employers.

17         4.  The standard health benefit plan shall include:

18         a.  Coverage for inpatient hospitalization;

19         b.  Coverage for outpatient services;

20         c.  Coverage for newborn children pursuant to s.

21  627.6575;

22         d.  Coverage for child care supervision services

23  pursuant to s. 627.6579;

24         e.  Coverage for adopted children upon placement in the

25  residence pursuant to s. 627.6578;

26         f.  Coverage for mammograms pursuant to s. 627.6613;

27         g.  Coverage for handicapped children pursuant to s.

28  627.6615;

29         h.  Emergency or urgent care out of the geographic

30  service area; and

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  1         i.  Coverage for services provided by a hospice

  2  licensed under s. 400.602 in cases where such coverage would

  3  be the most appropriate and the most cost-effective method for

  4  treating a covered illness.

  5         5.  The standard health benefit plan and the basic

  6  health benefit plan may include a schedule of benefit

  7  limitations for specified services and procedures.  If the

  8  committee develops such a schedule of benefits limitation for

  9  the standard health benefit plan or the basic health benefit

10  plan, a small employer carrier offering the plan must offer

11  the employer an option for increasing the benefit schedule

12  amounts by 4 percent annually.

13         6.  The basic health benefit plan shall include all of

14  the benefits specified in subparagraph 4.; however, the basic

15  health benefit plan shall place additional restrictions on the

16  benefits and utilization and may also impose additional cost

17  containment measures.

18         7.  Sections 627.419(2), (3), and (4), 627.6574,

19  627.65741, 627.6612, 627.66121, 627.66122, 627.6616, 627.6618,

20  and 627.668 apply to the standard health benefit plan and to

21  the basic health benefit plan. However, notwithstanding said

22  provisions, the plans may specify limits on the number of

23  authorized treatments, if such limits are reasonable and do

24  not discriminate against any type of provider.

25         8.  Each small employer carrier that provides for

26  inpatient and outpatient services by allopathic hospitals may

27  provide as an option of the insured similar inpatient and

28  outpatient services by hospitals accredited by the American

29  Osteopathic Association when such services are available and

30  the osteopathic hospital agrees to provide the service.

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  1         Section 11.  Subsection (34) is added to section

  2  641.31, Florida Statutes, to read:

  3         641.31  Health maintenance contracts.--

  4         (34)  Health maintenance contracts that provide

  5  coverage for outpatient prescription drugs shall cover

  6  prescription oral contraceptives approved by the federal Food

  7  and Drug Administration and prescribed by a practitioner

  8  authorized by state licensure to prescribe such medication

  9  when such practitioner is under the organization's direct

10  employ or under contract or other arrangement with the

11  organization to provide health care services to subscribers.

12  Coverage must be provided to the same extent and subject to

13  the same contract terms, including copayments, as any other

14  prescription medication.  Nothing in this section:

15         (a)  Requires an insurer regulated under this part to

16  provide coverage for any prescription oral contraceptive if

17  the insurer or policyholder objects on religious or moral

18  grounds.  Failure to provide coverage for prescription oral

19  contraceptives based on religious or moral grounds shall not

20  be the basis for any claim for damages or any recriminatory or

21  discriminatory action against an insurer or policyholder.

22         (b)  Applies to any prescription medications which are

23  abortifacient in nature.

24         Section 12.  Paragraphs (a) and (d) of subsection (2)

25  and subsection (3) of section 627.674, Florida Statutes, are

26  amended to read:

27         627.674  Minimum standards; filing requirements.--

28         (2)(a)  The department must adopt rules establishing

29  minimum standards for Medicare supplement policies that, taken

30  together with the requirements of this part, are no less

31  comprehensive or beneficial to persons insured or covered

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  1  under Medicare supplement policies issued, delivered, or

  2  issued for delivery in this state, including certificates

  3  under group or blanket policies issued, delivered, or issued

  4  for delivery in this state, than the standards provided in 42

  5  U.S.C., s. 1395ss, or the most recent version of the NAIC

  6  Model Regulation To Implement the NAIC Medicare Supplement

  7  Insurance Minimum Standards Model Act adopted by the National

  8  Association of Insurance Commissioners on July 31, 1991, or

  9  the Omnibus Budget Reconciliation Act of 1990 (Pub. L. No.

10  101-508).

11         (d)  For policies issued on or after January 1, 1991,

12  the department may adopt rules to establish minimum policy

13  standards to authorize the types of policies specified by 42

14  U.S.C. s. 1395ss(p)(2)(c) and any optional benefits to

15  facilitate policy comparisons.

16         (3)  A policy may not be filed with the department as a

17  Medicare supplement policy unless the policy meets or exceeds,

18  either in a single policy or, in the case of nonprofit health

19  care services plans, in one or more policies issued in

20  conjunction with one another, the requirements of 42 U.S.C.,

21  s. 1395ss, or the most recent version of the NAIC Medicare

22  Supplement Insurance Minimum Standards Model Act, adopted by

23  the National Association of Insurance Commissioners on July

24  31, 1991, and the Omnibus Budget Reconciliation Act of 1990

25  (Pub. L. No. 101-508).

26         Section 13.  Subsection (1) and paragraph (c) of

27  subsection (2) of section 627.6741, Florida Statutes, are

28  amended, and subsection (5) is added to said section, to read:

29         627.6741  Issuance, cancellation, nonrenewal, and

30  replacement.--

31

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  1         (1)  An insurer issuing Medicare supplement policies in

  2  this state shall offer the opportunity of enrolling in a

  3  Medicare supplement policy, without conditioning the issuance

  4  or effectiveness of the policy on, and without discriminating

  5  in the price of the policy based on, the medical or health

  6  status or receipt of health care by the individual:

  7         (a)  To any individual who is 65 years of age or older

  8  and who resides in this state, upon the request of the

  9  individual during the 6-month period beginning with the first

10  month in which the individual has attained 65 years of age and

11  is enrolled in Medicare part B; or

12         (b)  To any individual who is 65 years of age or older

13  and is enrolled in Medicare part B, who resides in this state,

14  upon the request of the individual during the 2-month period

15  following termination of coverage under a group health

16  insurance policy.;

17

18  A Medicare supplement policy issued to an individual under

19  paragraph (a) or paragraph (b) may not exclude benefits based

20  on a preexisting condition if the individual has a continuous

21  period of creditable coverage, as defined in s. 627.6561(5),

22  of at least 6 months as of the date of application for

23  coverage the opportunity of enrolling in a Medicare supplement

24  policy, without conditioning the issuance or effectiveness of

25  the policy on, and without discriminating in the price of the

26  policy based on, the medical or health status or receipt of

27  health care by the individual.

28         (2)  For both individual and group Medicare supplement

29  policies:

30         (c)  If a Medicare supplement policy or certificate

31  replaces another Medicare supplement policy or certificate or

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  1  creditable coverage as defined in s. 627.6561(5) group health

  2  insurance policy or certificate, the replacing insurer shall

  3  waive any time periods applicable to preexisting conditions,

  4  waiting periods, elimination periods, and probationary periods

  5  in the new Medicare supplement policy for similar benefits to

  6  the extent such time was spent under the original policy,

  7  subject to the requirements of s. 627.6561(6)-(11).

  8         (5)  The department, by rule, shall prescribe standards

  9  relating to the guaranteed issue of coverage, without

10  exclusions for preexisting conditions, for continuously

11  covered individuals consistent with the provisions of 42

12  U.S.C., s. 1395ss(s)(3).

13         Section 14.  Subsection (5) is added to section

14  627.912, Florida Statutes, to read:

15         627.912  Professional liability claims and actions;

16  reports by insurers.--

17         (5)  Any self-insurance program established under s.

18  240.213 shall report in duplicate to the Department of

19  Insurance any claim or action for damages for personal

20  injuries claimed to have been caused by error, omission, or

21  negligence in the performance of professional services

22  provided by the Board of Regents through an employee or agent

23  of the Board of Regents, including practitioners of medicine

24  licensed under chapter 458, practitioners of osteopathic

25  medicine licensed under chapter 459, podiatrists licensed

26  under chapter 461, and dentists licensed under chapter 466, or

27  based on a claimed performance of professional services

28  without consent if the claim resulted in a final judgment in

29  any amount, a settlement in any amount, or a final disposition

30  not resulting in payment on behalf of the insured. The reports

31  required by this subsection shall contain the information

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  1  required by subsection (3) and the name, address, and

  2  specialty of the employee or agent of the Board of Regents

  3  whose performance or professional services is alleged in the

  4  claim or action to have caused personal injury.

  5         Section 15.  Section 627.9403, Florida Statutes, is

  6  amended to read:

  7         627.9403  Scope.--The provisions of this part shall

  8  apply to long-term care insurance policies delivered or issued

  9  for delivery in this state, and to policies delivered or

10  issued for delivery outside this state to the extent provided

11  in s. 627.9406, by an insurer, a fraternal benefit society as

12  defined in s. 632.601, a health care services plan as defined

13  in s. 641.01, a health maintenance organization as defined in

14  s. 641.19, a prepaid health clinic as defined in s. 641.402,

15  or a multiple-employer welfare arrangement as defined in s.

16  624.437. A policy which is advertised, marketed, or offered as

17  a long-term care policy and as a Medicare supplement policy

18  shall meet the requirements of this part and the requirements

19  of ss. 627.671-627.675 and, to the extent of a conflict, be

20  subject to the requirement that is more favorable to the

21  policyholder or certificateholder.  The provisions of this

22  part shall not apply to a continuing care contract issued

23  pursuant to chapter 651 and shall not apply to guaranteed

24  renewable policies issued prior to October 1, 1988.  Any

25  limited benefit policy that limits coverage to care in a

26  nursing home or to one or more lower levels of care required

27  or authorized to be provided by this part or by department

28  rule must meet all requirements of this part that apply to

29  long-term care insurance policies, except s. 627.9407(3)(c),

30  and (9), (10)(f), and (12) and s. 627.94073(2).  If the

31  limited benefit policy does not provide coverage for care in a

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  1  nursing home, but does provide coverage for one or more lower

  2  levels of care, the policy shall also be exempt from the

  3  requirements of s. 627.9407(3)(d).

  4         Section 16.  Subsection (1) of section 627.9404,

  5  Florida Statutes, is amended, subsections (7), (8), (9), and

  6  (10) of said section are renumbered as subsections (8), (9),

  7  (10), and (11), respectively, and new subsection (7) is added

  8  to said section, to read:

  9         627.9404  Definitions.--For the purposes of this part:

10         (1)  "Long-term care insurance policy" means any

11  insurance policy or rider advertised, marketed, offered, or

12  designed to provide coverage on an expense-incurred,

13  indemnity, prepaid, or other basis for one or more necessary

14  or medically necessary diagnostic, preventive, therapeutic,

15  curing, treating, mitigating, rehabilitative, maintenance, or

16  personal care services provided in a setting other than an

17  acute care unit of a hospital. Long-term care insurance shall

18  not include any insurance policy which is offered primarily to

19  provide basic Medicare supplement coverage, basic hospital

20  expense coverage, basic medical-surgical expense coverage,

21  hospital confinement indemnity coverage, major medical expense

22  coverage, disability income protection coverage, accident only

23  coverage, specified disease or specified accident coverage, or

24  limited benefit health coverage. A long-term care insurance

25  policy must meet all the requirements of this part except s.

26  627.9407(12).

27         (7)  "Limited benefit policy" means any policy that

28  limits coverage to care in a nursing home or to one or more

29  lower levels of care required or authorized to be provided by

30  this part or by department rule.

31

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  1         Section 17.  Paragraph (a) of subsection (4) and

  2  subsection (12) of section 627.9407, Florida Statutes, are

  3  amended to read:

  4         627.9407  Disclosure, advertising, and performance

  5  standards for long-term care insurance.--

  6         (4)  PREEXISTING CONDITION.--

  7         (a)  A long-term care insurance policy or certificate,

  8  other than a policy or certificate issued to a group referred

  9  to in s. 627.9405(1)(a), may not use a definition of

10  "preexisting condition" which is more restrictive than the

11  following: "Preexisting condition" means the existence of

12  symptoms which would cause an ordinarily prudent person to

13  seek diagnosis, care, or treatment, or a condition for which

14  medical advice or treatment was recommended by or received

15  from a provider of health care services within 6 months

16  preceding the effective date of coverage of an insured person.

17         (12)  DISCLOSURE.--

18         (a)  A qualified long-term care insurance policy must

19  include a disclosure statement within the policy and within

20  the outline of coverage that the policy is intended to be a

21  qualified long-term contract. A long-term care insurance

22  policy that is not intended to be a qualified long-term care

23  insurance contract must include a disclosure statement within

24  the policy and within the outline of coverage that the policy

25  is not intended to be a qualified long-term care insurance

26  contract. The disclosure shall be prominently displayed and

27  shall read as follows: "This long-term care insurance policy

28  is not intended to be a qualified long-term care insurance

29  contract. You need to be aware that benefits received under

30  this policy may create unintended, adverse income tax

31  consequences to you. You may want to consult with a

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  1  knowledgeable individual about such potential income tax

  2  consequences."

  3         (b)  A limited benefit policy qualified under s. 7702B

  4  of the Internal Revenue Code must include a disclosure

  5  statement within the policy and within the outline of coverage

  6  that the policy is intended to be a qualified limited benefit

  7  insurance contract.  A limited benefit policy that is not

  8  intended to be a qualified limited benefit insurance contract

  9  must include a disclosure statement within the policy and

10  within the outline of coverage that the policy is not intended

11  to be a qualified limited benefit insurance contract.  The

12  disclosure shall be prominently displayed and shall read as

13  follows:  "This limited benefit insurance policy is not

14  intended to be a qualified limited benefit insurance contract.

15  You need to be aware that benefits received under this policy

16  may create unintended, adverse income tax consequences to you.

17  You may want to consult with a knowledgeable individual about

18  such potential income tax consequences."

19         Section 18.  Subsection (2) of section 627.94073,

20  Florida Statutes, is amended to read:

21         627.94073  Notice of cancellation; grace period.--

22         (2)  A long-term care policy may not be canceled for

23  nonpayment of premium unless, after expiration of the grace

24  period in subsection (1), and at least 30 days prior to the

25  effective date of such cancellation, the insurer has mailed a

26  notification of possible lapse in coverage to the policyholder

27  and to a specified secondary addressee if such addressee has

28  been designated in writing by name and address by the

29  policyholder.  For policies issued or renewed on or after

30  October 1, 1996, the insurer shall notify the policyholder, at

31  least once every 2 years, of the right to designate a

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  1  secondary addressee. The applicant has the right to designate

  2  at least one person who is to receive the notice of

  3  termination, in addition to the insured. Designation shall not

  4  constitute acceptance of any liability on the third party for

  5  services provided to the insured. The form used for the

  6  written designation must provide space clearly designated for

  7  listing at least one person. The designation shall include

  8  each person's full name and home address. In the case of an

  9  applicant who elects not to designate an additional person,

10  the waiver shall state: "Protection against unintended

11  lapse.--I understand that I have the right to designate at

12  least one person other than myself to receive notice of lapse

13  or termination of this [long-term care/limited benefit]

14  insurance policy for nonpayment of premium. I understand that

15  notice will not be given until 30 days after a premium is due

16  and unpaid. I elect NOT to designate any person to receive

17  such notice." Notice shall be given by first class United

18  States mail, postage prepaid, and notice may not be given

19  until 30 days after a premium is due and unpaid. Notice shall

20  be deemed to have been given as of 5 days after the date of

21  mailing.

22         Section 19.  Subsections (1) and (2) of section

23  641.225, Florida Statutes, are amended to read:

24         641.225  Surplus requirements.--

25         (1)  Each health maintenance organization shall at all

26  times maintain a minimum surplus in an amount which is the

27  greater of $1,500,000, $500,000 or 10 percent of total

28  liabilities, or 2 percent of total annualized premium.  All

29  health maintenance organizations which have a valid

30  certificate of authority before October 1, 1998 1988, or an

31  entity described in subsection (3), and which do not meet the

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  1  minimum surplus requirement, shall increase their surplus as

  2  follows:

  3

  4  Date                     Amount

  5

  6  September 30, 1998 1989  $800,000, $200,000 or 10 6 percent

  7                           of total liabilities, or 1 percent

  8                           of annualized premium, whichever is

  9                           greater

10

11  September 30, 1999 1990  $1,150,000, $350,000 or 8 percent

12                           of total liabilities, or 1.25

13                           percent of annualized premium,

14                           whichever is greater

15

16  September 30, 2000 1991  $1,500,000, $500,000 or 10 percent

17                           of total liabilities, or 2 percent

18                           of annualized premium, whichever is

19                           greater

20

21         (2)  The department shall not issue a certificate of

22  authority, except as provided in subsection (3), unless the

23  health maintenance organization has a minimum surplus in an

24  amount which is the greater of:

25         (a)  $1,500,000;

26         (a)(b)  Ten percent of their total liabilities based on

27  their startup actuarial projection as set forth in this part;

28  or

29         (b)  Two percent of their total projected premiums

30  based on their startup projection as set forth in this part;

31  or

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  1         (c)  $1,150,000 $500,000 plus all startup losses,

  2  excluding profits, projected to be incurred on their startup

  3  actuarial projection until the projection reflects statutory

  4  net profits for 12 consecutive months.

  5         Section 20.  Section 641.285, Florida Statutes, is

  6  amended to read:

  7         641.285  Insolvency protection.--

  8         (1)  Unless otherwise provided in this section, Each

  9  health maintenance organization shall deposit with the

10  department cash or securities of the type eligible under s.

11  625.52, which shall have at all times a market value in the

12  amount set forth in this subsection.  The amount of the

13  deposit shall be reviewed annually, or more often, as the

14  department deems necessary.  The market value of the deposit

15  shall be a minimum of $300,000 the greater of:

16         (a)  Twice its reasonably estimated average monthly

17  uncovered expenditures; or

18         (b)  $100,000.

19         (2)  If securities or assets deposited by a health

20  maintenance organization under this part are subject to

21  material fluctuations in market value, the department may, in

22  its discretion, require the organization to deposit and

23  maintain on deposit additional securities or assets in an

24  amount as may be reasonably necessary to assure that the

25  deposit will at all times have a market value of not less than

26  the amount specified under this section.

27         (a)  If for any reason the market value of assets and

28  securities of a health maintenance organization held on

29  deposit in this state under this code falls below the amount

30  required, the organization shall promptly deposit other or

31  additional assets or securities eligible for deposit

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  1  sufficient to cure the deficiency. If the health maintenance

  2  organization has failed to cure the deficiency within 30 days

  3  after receipt of notice thereof by registered or certified

  4  mail from the department, the department may revoke the

  5  certificate of authority of the health maintenance

  6  organization.

  7         (b)  A health maintenance organization may, at its

  8  option, deposit assets or securities in an amount exceeding

  9  its deposit required or otherwise permitted under this code by

10  not more than 20 percent of the required or permitted deposit,

11  or $20,000, whichever is the larger amount, for the purpose of

12  absorbing fluctuations in the value of securities and assets

13  deposited and to facilitate the exchange and substitution of

14  securities and assets. During the solvency of the health

15  maintenance organization, any excess shall be released to the

16  organization upon its request. During the insolvency of the

17  health maintenance organization, any excess deposit shall be

18  released only as provided in s. 625.62.

19         (3)  Whenever the department determines that the

20  financial condition of a health maintenance organization has

21  deteriorated to the point that the policyholders' or

22  subscribers' best interests are not being preserved by the

23  activities of a health maintenance organization, the

24  department may require such health maintenance organization to

25  deposit and maintain deposited in trust with the department

26  for the protection of the health maintenance organization's

27  policyholders, subscribers and/or creditors, for such time as

28  the department deems necessary, securities eligible for such

29  deposit under s. 625.52, having a market value of not less

30  than the amount which the department determines is necessary,

31  which amount shall be not less than $100,000 or greater than

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  1  $2,000,000.  The deposit required under this subsection is in

  2  addition to any other deposits required of a health

  3  maintenance organization pursuant to subsections (1) and (2).

  4  The department shall waive the deposit requirements set forth

  5  in subsection (1) whenever it is satisfied that:

  6         (a)  The health maintenance organization has sufficient

  7  surplus and an adequate history of generating net income to

  8  assure its financial viability for the next year;

  9         (b)  The performance and obligations of the health

10  maintenance organization are guaranteed by a guaranteeing

11  organization of the type and subject to the same provisions as

12  outlined in s. 641.225; or

13         (c)  The assets of the health maintenance organization

14  or its contracts with any insurer, health care provider,

15  governmental entity, or other person are reasonably sufficient

16  to assure the performance of the obligations of the

17  organization.

18         (4)  All income from deposits shall belong to the

19  depositing health maintenance organization and shall be paid

20  to it as it becomes available.  A health maintenance

21  organization that has made a securities deposit may withdraw

22  that deposit, or any part thereof, after making a substitute

23  deposit of cash or eligible securities or any combination of

24  these or other acceptable measures of equal amount and value.

25         (5)(a)  The requirements of this section do not apply

26  to an applying or licensed health maintenance organization

27  which has a plan, approved by the department, for handling

28  insolvency which provides for continuation of benefits and

29  payments to unaffiliated providers for services rendered both

30  prior to and after insolvency for the duration of the contract

31  period for which payment has been made, except that benefits

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  1  to members who are confined on the date of insolvency in an

  2  inpatient facility shall be continued until their discharge.

  3  This plan shall include at least one of the following:

  4         1.  Contracts of insurance or reinsurance on file with

  5  the department that will protect subscribers in the event the

  6  health maintenance organization is unable to meet its

  7  obligations. Each agreement between the organization and an

  8  insurer shall be subject to the laws of this state regarding

  9  reinsurance.  Each agreement and any modification thereto

10  shall be filed with and approved by the department.  Each

11  agreement shall remain in full force and in effect until

12  replaced or for at least 90 days following written

13  notification to the department by registered mail of

14  cancellation or termination by either party.  The department

15  shall be endorsed on the agreement as an additional insured

16  party;

17         2.  Contractual arrangements with health care providers

18  that include a guarantee by the provider to continue providing

19  health care services to any subscriber of the health

20  maintenance organization, upon insolvency of the organization,

21  until the end of the contract period for which payment by or

22  on behalf of the subscriber has been made or the discharge of

23  the subscriber from an inpatient facility, whichever occurs

24  later; or

25         3.  Other measures acceptable to the department.

26         (b)  The department shall reduce the deposit

27  requirements specified in subsection (1) whenever the

28  department has determined that the health maintenance

29  organization has a plan for handling insolvency which

30  partially meets the requirements of this section. The amount

31

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  1  of the deposit reduction shall be based on the extent to which

  2  the organization meets the requirements of this section.

  3         Section 21.  Paragraph (d) of subsection (2) and

  4  paragraphs (a) and (b) of subsection (3) of section 641.31074,

  5  Florida Statutes, are amended to read:

  6         641.31074  Guaranteed renewability of coverage.--

  7         (2)  A health maintenance organization may nonrenew or

  8  discontinue a contract based only on one or more of the

  9  following conditions:

10         (d)  The health maintenance organization is ceasing to

11  offer coverage in such a market in accordance with subsection

12  (3) and applicable state law.

13         (3)(a)  A health maintenance organization may

14  discontinue offering a particular contract form for group

15  coverage offered in the small group market or large group

16  market only if:

17         1.  The health maintenance organization provides notice

18  to each contract holder provided coverage of this form in such

19  market, and participants and beneficiaries covered under such

20  coverage, of such discontinuation at least 90 days prior to

21  the date of the discontinuation of such coverage;

22         2.  The health maintenance organization offers to each

23  contract holder provided coverage of this form in such market

24  the option to purchase all, or in the case of the large group

25  market, any other health insurance coverage currently being

26  offered by the health maintenance organization in such market;

27  and

28         3.  In exercising the option to discontinue coverage of

29  this form and in offering the option of coverage under

30  subparagraph 2., the health maintenance organization acts

31  uniformly without regard to the claims experience of those

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  1  contract holders or any health-status-related factor that

  2  relates to any participants or beneficiaries covered or new

  3  participants or beneficiaries who may become eligible for such

  4  coverage.

  5         (b)1.  In any case in which a health maintenance

  6  organization elects to discontinue offering all coverage in

  7  the small group market or the large group market, or both, in

  8  this state, coverage may be discontinued by the insurer only

  9  if:

10         a.  The health maintenance organization provides notice

11  to the department and to each contract holder, and

12  participants and beneficiaries covered under such coverage, of

13  such discontinuation at least 180 days prior to the date of

14  the discontinuation of such coverage; and

15         b.  All health insurance issued or delivered for

16  issuance in this state in such market is markets are

17  discontinued and coverage under such health insurance coverage

18  in such market is not renewed.

19         2.  In the case of a discontinuation under subparagraph

20  1. in a market, the health maintenance organization may not

21  provide for the issuance of any health maintenance

22  organization contract coverage in the market in this state

23  during the 5-year period beginning on the date of the

24  discontinuation of the last insurance contract not renewed.

25         Section 22.  Paragraph (a) of subsection (7) of section

26  641.3922, Florida Statutes, is amended to read:

27         641.3922  Conversion contracts; conditions.--Issuance

28  of a converted contract shall be subject to the following

29  conditions:

30         (7)  REASONS FOR CANCELLATION; TERMINATION.--The

31  converted health maintenance contract must contain a

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  1  cancellation or nonrenewability clause providing that the

  2  health maintenance organization may refuse to renew the

  3  contract of any person covered thereunder, but cancellation or

  4  nonrenewal must be limited to one or more of the following

  5  reasons:

  6         (a)  Fraud or intentional material misrepresentation,

  7  subject to the limitations of s. 641.31(23), in applying for

  8  any benefits under the converted health maintenance contract;

  9         Section 23.  Subsection (12) is added to section

10  641.495, Florida Statutes, to read:

11         641.495  Requirements for issuance and maintenance of

12  certificate.--

13         (12)  The provisions of part I of chapter 395 do not

14  apply to a health maintenance organization if, on or before

15  January 1, 1991, the organization provided not more than 10

16  outpatient holding beds for short-term and hospice-type

17  patients in an ambulatory care facility for its members,

18  provided such health maintenance organization maintains

19  current accreditation by the Joint Commission on Accreditation

20  of Health Care Organizations, the Accreditation Association

21  for Ambulatory Health Care, or the National Committee for

22  Quality Assurance.

23         Section 24.  This act shall take effect on July 1,

24  1998.

25

26

27

28

29

30

31

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Exempts moneys paid into a medical savings account from
  4    attachment, garnishment, or legal process.

  5
      Creates the "Equity in Contraceptive Coverage Act of
  6    1998" to require health insurance policies and health
      maintenance contracts to provide coverage for
  7    prescription oral contraceptives.

  8
      Revises standards for renewal of converted insurance
  9    policies.

10
      Requires health insurers and health maintenance
11    organizations to include in their plans that offer mental
      health coverage annual and lifetime mental health
12    benefits coverage restrictions that are not less than
      annual and lifetime benefits coverage restrictions for
13    medical or surgical benefits covered by the plan.

14
      Authorizes the Department of Insurance to adopt rules
15    governing guaranteed issue of Medicare supplement
      coverage for continuously covered individuals. Revises
16    the minimum standards for Medicare supplement policies
      and revises requirements for insurers to issue, cancel,
17    nonrenew, and replace Medicare supplement policies.

18
      Increases insolvency requirements for health maintenance
19    organizations, revises requirements for insolvency
      protection, and authorizes the Department of Insurance to
20    increase insolvency protection for health maintenance
      organizations.
21

22    Revises standards for renewal of converted health
      maintenance organization policies.  See bill for details.
23

24

25

26

27

28

29

30

31

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