Senate Bill 1800

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    Florida Senate - 1999                                  SB 1800

    By Senator Latvala





    19-912B-99

  1                      A bill to be entitled

  2         An act relating to health insurance; creating

  3         the Florida Health Endowment Association as a

  4         nonprofit entity to provide insurance coverage

  5         to individuals whose health insurance has been

  6         involuntarily terminated for reasons other than

  7         nonpayment of premiums; providing for the

  8         association to be governed by a board of

  9         directors; providing membership of the board;

10         providing terms of office; providing for the

11         board members to be reimbursed for expenses;

12         providing immunity from liability for board

13         members and employees of the association;

14         requiring the board to adopt a plan and rules

15         to administer the act; providing additional

16         duties of the board; requiring that the board

17         report to the Governor and Legislature each

18         year; specifying the powers of the board;

19         requiring the board to select a plan

20         administrator; specifying the period of service

21         of the administrator; providing duties of the

22         administrator; providing for payment of the

23         administrator for expenses; requiring that the

24         plan offer a renewable policy that provides

25         specified coverage; requiring that the plan

26         offer major medical expense coverage similar to

27         that provided by the state group health

28         insurance program; providing for covered

29         expenses; providing for premiums, deductibles,

30         and coinsurance; requiring that the board

31         establish premium schedules; providing for

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    Florida Senate - 1999                                  SB 1800
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  1         payment of coverage if the costs exceed the

  2         deductible within a policy year; providing an

  3         exclusion for preexisting conditions under

  4         specified circumstances; providing for other

  5         sources of insurance to be primary; providing a

  6         cause of action for the association for the

  7         recovery of benefits; providing that the

  8         provision of health insurance is not an

  9         entitlement; providing for coverage to be

10         insured by the Florida Health Endowment

11         Association; authorizing the board to contract

12         with insurers for disease management services;

13         providing tax credits for insurance companies

14         that contribute to the Florida Health Endowment

15         Association; providing for unused tax credits

16         to be claimed by a transferee; providing for

17         the plan to be terminated if it becomes

18         financially infeasible; repealing ss. 627.648,

19         627.6482, 627.6484, 627.6486, 627.6487,

20         627.64871, 627.6488, 627.6489, 627.649,

21         627.6492, 627.6494, 627.6496, 627.6498, Florida

22         Statutes, contingent upon the opening of the

23         plan; providing an appropriation; providing an

24         effective date.

25

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

27

28         Section 1.  Florida Health Endowment Association.--

29         (1)  There is created a nonprofit legal entity to be

30  known as the "Florida Health Endowment Association."

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  1         (2)(a)  The association shall operate subject to the

  2  supervision and approval of a five-member board of directors.

  3  The board of directors shall be composed as follows:

  4         1.  The Secretary of Health, or his or her designee,

  5  who shall be the chairperson of the board.

  6         2.  The Insurance Commissioner, or his or her designee.

  7         3.  The Governor shall appoint three members as

  8  follows:

  9         a.  One representative of policyholders who is not

10  associated with the medical profession or a hospital.

11         b.  One representative of the health insurance

12  industry.

13         c.  One member of the public.

14

15  The administrator of the plan, or his or her affiliate, may

16  not be a member of the board. Any board member appointed may

17  be removed and replaced by his or her appointor at any time

18  without cause.

19         (b)  All board members, including the chairperson,

20  shall be appointed to staggered 3-year terms beginning on a

21  date established in the plan of operation.

22         (c)  The board of directors may employ persons to

23  perform the administrative and financial transactions and

24  responsibilities of the association and to perform other

25  necessary and proper functions not prohibited by law.

26         (d)  Board members may be reimbursed from moneys of the

27  association for actual and necessary expenses incurred by them

28  as members, but may not otherwise be compensated for their

29  services.

30         (e)  There is no liability on the part of, and no cause

31  of action of any nature shall arise against, any employee of

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  1  the association, member of the board of directors of the

  2  association, or a representative of the Department of Health

  3  for any act or omission taken by them in the performance of

  4  their powers and duties under this act, unless such act or

  5  omission by such person is in intentional disregard of the

  6  rights of the claimant.

  7         (f)  Meetings of the board are subject to section

  8  286.011, Florida Statutes.

  9         (3)  The board of directors of the association shall

10  adopt a plan pursuant to this act and submit its articles,

11  bylaws, and operating rules to the Department of Health for

12  approval. If the board of directors fails to adopt such plan

13  and suitable articles, bylaws, and operating rules within 180

14  days after the appointment of the board, the department shall

15  adopt rules to implement this act, and such rules shall remain

16  in effect until superseded by a plan and articles, bylaws, and

17  operating rules submitted by the board of directors and

18  approved by the department.

19         (4)  The board of directors of the association shall:

20         (a)  Establish administrative and accounting procedures

21  for the operation of the association.

22         (b)  Contract with an actuary to evaluate the pool of

23  insureds in the plan and monitor the financial status of the

24  Florida Health Endowment Trust Fund. The actuary shall

25  recommend to the board the opening and closing of the plan,

26  which must be based on an analysis of the trust fund; the

27  income of the trust fund; and any premiums, deductibles, and

28  coinsurance paid to the association.

29         (c)  Establish eligibility requirements for individuals

30  participating in the plan to ensure an actuarially sound

31  insurance pool.

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  1         (d)  Establish procedures under which applicants and

  2  participants in the plan may have grievances reviewed by an

  3  impartial body and reported to the board.

  4         (e)  Select an administrator in accordance with section

  5  2 of this act.

  6         (f)  Require that all policy forms issued by the

  7  association conform to standard forms developed by the

  8  association. The forms shall be approved by the Department of

  9  Insurance.

10         (g)  Develop and implement a program to publicize the

11  existence of the plan, the eligibility requirements for the

12  plan, and the procedures for enrollment in the plan, and

13  maintain public awareness of the plan.

14         (h)  Design and employ cost-containment measures and

15  requirements that shall include, but are not limited to,

16  preadmission certification, any out-of-state health care, home

17  health care, hospice care, negotiated purchase of medical and

18  pharmaceutical supplies, and individual case management.

19         (i)  Contract with preferred provider organizations and

20  health maintenance organizations giving due consideration to

21  the preferred provider organizations. If cost-effective and

22  available in the county where the policyholder resides, the

23  board, upon application or renewal of a policy, shall place a

24  high-risk individual, as established under section 3 of this

25  act, with the plan case manager who shall determine the most

26  cost-effective quality care system or health care provider and

27  shall place the individual in such system or with such health

28  care provider. If cost-effective and available in the county

29  where the policyholder resides, the board, with the consent of

30  the policyholder, may place a low-risk or medium-risk

31  individual, as established under section 3 of this act, with

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  1  the plan case manager who may determine the most

  2  cost-effective quality care system or health care provider and

  3  shall place the individual in such system or with such health

  4  care provider. Prior to and during the implementation of case

  5  management, the plan case manager shall obtain input from the

  6  policyholder, parent, guardian, and health care providers.

  7         (j)  Employ a case manager or managers to supervise and

  8  manage the medical care or coordinate the supervision and

  9  management of the medical care of specified individuals. The

10  case manager, with the approval of the board, shall have final

11  approval over the case management for any specific individual.

12         (k)  Appoint an executive director to serve as the

13  chief administrative and operational officer of the board and

14  to perform other duties assigned to him or her by the board.

15         (l)  Administer the Florida Health Endowment Trust Fund

16  in a manner that is sufficiently actuarially sound to defray

17  the obligations of the program. The board shall annually

18  evaluate or cause to be evaluated the actuarial soundness of

19  the fund. If the board perceives a need for additional assets

20  in order to preserve actuarial soundness, the board may adjust

21  the benefits of the plan to ensure such soundness.

22         (m)  Establish a comprehensive investment plan with the

23  approval of the State Board of Administration. The

24  comprehensive investment plan must specify the investment

25  policies to be used by the board in administering the fund.

26  The board may place assets of the fund in savings accounts or

27  use the fund to purchase fixed or variable life insurance or

28  annuity contracts, securities, evidence of indebtedness, or

29  other investment products pursuant to the comprehensive

30  investment plan and in such proportions as are designated or

31  approved under the investment plan. Such insurance, annuity,

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  1  savings, or investment products must be underwritten and

  2  offered in compliance with the applicable federal and state

  3  laws and rules by persons who are authorized by applicable

  4  federal and state authorities. Within the comprehensive

  5  investment plan, the board may authorize investment vehicles,

  6  or products incident thereto, as are available or offered by

  7  qualified companies or persons.

  8         (n)  Solicit proposals and contract, pursuant to

  9  section 287.057, Florida Statutes, for a trustee services firm

10  to select and supervise investment programs on behalf of the

11  board. The goals of the board in selecting a trustee services

12  firm shall be to obtain the highest standards of professional

13  trustee services, to allow all qualified firms interested in

14  providing such services equal consideration, and to provide

15  such services to the state at no cost and to the purchasers at

16  the lowest cost possible. The trustee services firm must agree

17  to meet the obligations of the board to qualified

18  beneficiaries if moneys in the fund fail to offset the

19  obligations of the board as a result of imprudent selection or

20  supervision of investment programs by such firm. Evaluations

21  of proposals submitted under this paragraph must include, but

22  not be limited to, the following criteria:

23         1.  Adequacy of trustee services for supervising and

24  managing the program, including current operations and staff

25  organization and commitment of management to the proposal.

26         2.  Capability to execute plan responsibilities within

27  time and regulatory constraints.

28         3.  Past experience in trustee services and current

29  ability to maintain regular and continuous interactions with

30  the board, records administrator, and product provider.

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  1         4.  The minimum purchaser participation assumed within

  2  the proposal and any additional requirements of purchasers.

  3         5.  Adequacy of technical assistance and services

  4  proposed for the staff.

  5         6.  Adequacy of a management system for evaluating and

  6  improving overall trustee services to the plan.

  7         7.  Adequacy of facilities, equipment, and electronic

  8  data processing services.

  9         8.  Detailed projections of administrative costs of

10  trustee services, including the amount and type of insurance

11  coverage, and detailed projections of total costs.

12         (o)  Make a report to the Governor, the President of

13  the Senate, the Speaker of the House of Representatives, and

14  the Minority Leaders of the Senate and the House of

15  Representatives not later than October 1 of each year. The

16  report must summarize the activities of the plan for the

17  12-month period ending December 31 of the previous year,

18  including then-current data and estimates as to net written

19  and earned premiums, the expense of administration, the paid

20  and incurred losses for the year, the financial status of the

21  Florida Health Endowment Trust Fund, and any recommendations

22  by the actuary for the opening or closing of the plan. The

23  report shall also include analysis and recommendations for

24  legislative changes regarding utilization review, quality

25  assurance, an evaluation of the administrator of the plan,

26  access to cost-effective health care, and the cost-containment

27  and case-management policy and recommendations concerning the

28  opening of enrollment.

29         (p)  Establish a plan of operation which must include

30  the assumption of all liabilities of the Florida Comprehensive

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  1  Health Association and the transition of its remaining

  2  policyholders into the plan.

  3         (5)  The board of directors of the association shall

  4  have the powers necessary or proper to carry out the

  5  provisions of this act, including, but not limited to, the

  6  power to:

  7         (a)  Adopt an official seal and rules.

  8         (b)  Exercise powers granted to insurers under the laws

  9  of this state.

10         (c)  Sue or be sued.

11         (d)  Make and execute contracts and other necessary

12  instruments.

13         (e)  Prepare or contract for a performance audit of the

14  administrator of the association.

15         (f)  Invest funds not required for immediate

16  disbursement.

17         (g)  Appear in its own behalf before boards,

18  commissions, or other governmental agencies.

19         (h)  Hold, buy, and sell any instruments, obligations,

20  securities, and property determined appropriate by the board.

21         (i)  Restrict the number of participants in the plan

22  based on actuarial estimates. However, any person denied

23  participation solely on the basis of such restriction shall be

24  granted priority on a first-come, first-served basis for

25  participation in the succeeding years in which the plan is

26  reopened for participants.

27         (j)  Contract for necessary goods and services; employ

28  necessary personnel; and engage the services of private

29  consultants, actuaries, managers, legal counsel, and auditors

30  for administrative or technical assistance.

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  1         (k)  Solicit and accept gifts, grants, loans, and other

  2  aids from any source or participate in any other way in any

  3  government program to carry out the purposes of this section.

  4         (l)  Require and collect administrative fees and

  5  charges in connection with any transaction and impose

  6  reasonable penalties, including default, for delinquent

  7  payments or for entering into the plan on a fraudulent basis.

  8         (m)  Procure insurance against any loss in connection

  9  with the property, assets, and activities of the fund or the

10  board.

11         (n)  Establish other policies, procedures, and criteria

12  to implement and administer this section.

13         (o)  Adopt procedures to govern contract dispute

14  proceedings between the board and its vendors.

15         Section 2.  Administrator.--

16         (1)  The board shall select an administrator, through a

17  competitive bidding process, to administer the plan. The board

18  shall evaluate bids submitted under this subsection based on

19  criteria established by the board, which criteria must

20  include:

21         (a)  The administrator's proven ability to handle

22  individual accident and health insurance.

23         (b)  The extent to which the administrator has

24  developed a network of health care providers for providing

25  managed health care on a statewide basis.

26         (c)  The efficiency of the administrator's

27  claims-paying procedures.

28         (d)  An estimate of total charges for administering the

29  plan.

30         (2)  The administrator shall serve for a period of 3

31  years. At least 1 year prior to the expiration of each 3-year

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  1  period of service by an administrator, the board shall invite

  2  all insurers, including the current administering insurer, to

  3  submit bids to serve as the administrator for the succeeding

  4  3-year period. The selection of the administrator for the

  5  succeeding period must be made at least 6 months prior to the

  6  end of the current 3-year period.

  7         (3)  The administrator shall:

  8         (a)  Perform all eligibility and administrative

  9  claims-payment functions relating to the plan, as prescribed

10  by the board.

11         (b)  Pay an agent's referral fee as established by the

12  board to each insurance agent who refers an applicant to the

13  plan, if the applicant's application is accepted. The selling

14  or marketing of plans is not limited to the administrator or

15  its agents. However, any agent must be selected by the board

16  and licensed by the Department of Insurance to sell health

17  insurance in this state. The referral fees shall be paid by

18  the administrator from moneys received as premiums for the

19  plan.

20         (c)  Establish a premium-billing procedure for

21  collecting premiums from insured persons. Billings shall be

22  made periodically as determined by the board.

23         (d)  Perform all necessary functions to assure timely

24  payment of benefits under the plan, including:

25         1.  Making available information relating to the proper

26  manner of submitting a claim for benefits under the plan and

27  distributing forms upon which submissions are made.

28         2.  Evaluating the eligibility of each claim for

29  payment under the plan.

30         3.  Notifying each claimant, within the time limits

31  prescribed by law, as to insurers after receiving a properly

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  1  completed and executed proof of loss whether the claim is

  2  accepted, rejected, or compromised.

  3         (e)  Submit regular reports to the board regarding the

  4  operation of the plan. The frequency, content, and form of the

  5  reports shall be determined by the board.

  6         (f)  Following the close of each calendar year,

  7  determine net premiums, reinsurance premiums less

  8  administrative expense allowance, and the expense of

  9  administration pertaining to the reinsurance operations of the

10  association.

11         (g)  Pay claims expenses from the premium payments

12  received from or on behalf of covered persons under the plan.

13  If the payments by the administrator for claims expenses

14  exceed the portion of premiums allocated by the board for

15  payment of claims expenses, the board shall provide the

16  administrator with additional funds for payment of claims

17  expenses to the extent that such funds are available.

18         (4)(a)  The administrator shall be paid, as provided in

19  the contract of the association, for its direct and indirect

20  expenses incurred in the performance of its services.

21         (b)  As used in this subsection, the term "direct and

22  indirect expenses" includes that portion of the audited

23  administrative costs, printing expenses, claims administration

24  expenses, management expenses, building overhead expenses, and

25  other actual operating and administrative expenses of the

26  administering insurer which are approved by the board as

27  allocable to the administration of the plan and included in

28  the bid specifications.

29         Section 3.  Minimum benefits coverage; exclusions;

30  premiums; deductibles.--

31         (1)  COVERAGE OFFERED.--

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  1         (a)  The plan shall offer in an annually renewable

  2  policy the coverage specified in this section for each

  3  eligible person.

  4         (b)  If an eligible person is also eligible for

  5  Medicare coverage, the plan may not pay or reimburse any

  6  person for expenses paid by Medicare.

  7         (c)  Any person whose health insurance coverage is

  8  involuntarily terminated for any reason other than nonpayment

  9  of premium may apply for coverage under the plan. If such

10  coverage is applied for within 60 days after the involuntary

11  termination and if premiums are paid for the entire period of

12  coverage, the effective date of the coverage shall be the date

13  of termination of the previous coverage.

14         (d)  Coverage provided to a person who is eligible for

15  Medicare benefits may not be issued as a Medicare supplement

16  policy as defined in section 627.672, Florida Statutes.

17         (2)  BENEFITS.--

18         (a)  The plan shall offer major medical expense

19  coverage to every eligible person, subject to limitations set

20  by the board. Major medical expense coverage offered under the

21  plan shall pay an eligible person's covered expenses, subject

22  to limits on the deductible and coinsurance payments

23  authorized under subsection (4), up to a lifetime limit of

24  $500,000 per covered individual. The maximum limit under this

25  paragraph may not be altered by the board, and no actuarially

26  equivalent benefit may be substituted by the board.

27         (b)  The plan shall provide that any policy issued to a

28  person eligible for Medicare shall be separately rated to

29  reflect differences in experience reasonably expected to occur

30  as a result of Medicare payments.

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  1         (3)  COVERED EXPENSES.--The coverage to be issued by

  2  the association shall, at a minimum, be patterned after the

  3  standard individual health insurance plan approved by the

  4  Department of Insurance.

  5         (4)  PREMIUMS, DEDUCTIBLES, AND COINSURANCE.--

  6         (a)  The plan shall provide for annual deductibles for

  7  major medical expense coverage in the amount of $1,000 or any

  8  higher amounts proposed by the board and approved by the

  9  department, plus the benefits payable under any other type of

10  insurance coverage or workers' compensation. The schedule of

11  premiums and deductibles shall be established by the

12  association. With regard to any preferred provider arrangement

13  used by the association, the deductibles provided in this

14  paragraph shall be the minimum deductibles applicable to the

15  preferred providers and higher deductibles, as approved by the

16  department, may be applied to providers who are not preferred

17  providers.

18         1.  Separate schedules of premium rates based on age

19  may apply for individual risks.

20         2.  Rates are subject to approval by the department.

21         3.  Standard risk rates for coverages issued by the

22  association shall be established under section 627.6675(3),

23  Florida Statutes.

24         4.  The board shall establish separate premium

25  schedules for low-risk individuals, medium-risk individuals,

26  and high-risk individuals and shall revise premium schedules

27  annually beginning January 2000. A rate may not exceed 150

28  percent of the standard risk rate for low-risk individuals,

29  200 percent of the standard risk rate for medium-risk

30  individuals, or 250 percent of the standard risk rate for

31  high-risk individuals. For the purpose of determining what

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  1  constitutes a low-risk individual, medium-risk individual, or

  2  high-risk individual, the board shall consider the anticipated

  3  claims payment for individuals based upon an individual's

  4  health condition.

  5         (b)  If the covered costs incurred by the eligible

  6  person exceed the deductible for major medical expense

  7  coverage selected by the person in a policy year, the plan

  8  shall pay in the following manner:

  9         1.  For individuals placed under case management, after

10  satisfaction of the deductible, the plan shall pay 90 percent

11  of the additional covered costs incurred by the person during

12  the policy year for the first $10,000, after which the plan

13  shall pay 100 percent of the covered costs incurred by the

14  person during the policy year.

15         2.  For individuals using the preferred provider

16  network, after satisfaction of the deductible, the plan shall

17  pay 80 percent of the additional covered costs incurred by the

18  person during the policy year for the first $10,000, after

19  which the plan shall pay 90 percent of covered costs incurred

20  by the person during the policy year.

21         3.  If the person does not use the case management

22  system or the preferred provider network, after satisfaction

23  of the deductible, the plan shall pay 60 percent of the

24  additional covered costs incurred by the person for the first

25  $10,000, after which the plan shall pay 70 percent of the

26  additional covered costs incurred by the person during the

27  policy year.

28         4.  For individuals placed under case management or

29  individuals using the preferred provider network, the maximum

30  out-of-pocket expense, after satisfaction of the deductible,

31  is limited to $10,000 per calendar year.

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  1         (c)  All premiums, deductibles, and coinsurance paid to

  2  the association shall be deposited with the Florida Health

  3  Endowment Association.

  4         (d)  Notwithstanding the provisions of section 624.509,

  5  Florida Statutes, premiums for coverage shall, as to the

  6  association and participating insurers, be exempt from premium

  7  taxation.

  8         (5)  PREEXISTING CONDITIONS.--An association policy may

  9  contain provisions under which coverage is excluded during a

10  period of 12 months following the effective date of coverage

11  with respect to a given covered individual for any preexisting

12  condition, if:

13         (a)  The condition manifested itself within 6 months

14  before the effective date of coverage; or

15         (b)  Medical advice or treatment was recommended or

16  received within 6 months before the effective date of

17  coverage.

18         (6)  OTHER SOURCES PRIMARY.--

19         (a)  Any amounts paid or payable by Medicare or any

20  other governmental program or any other insurance, or

21  self-insurance maintained in lieu of otherwise statutorily

22  required insurance, may not be made or recognized as claims

23  under such policy or be recognized as or towards satisfaction

24  of applicable deductibles or out-of-pocket maximums or to

25  reduce the limits of benefits available.

26         (b)  The association has a cause of action against a

27  participant for any benefits paid to the participant which

28  should not have been claimed or recognized as claims because

29  of the provisions of this subsection or because the condition

30  is not covered.

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  1         (7)  NONENTITLEMENT.--This section does not provide an

  2  individual with an entitlement to health care services or

  3  health insurance. No cause of action shall arise against the

  4  state, the board, or a unit of local government for failure to

  5  make health services or health insurance available under this

  6  section.

  7         (8)  ISSUING OF POLICIES.--The coverage provided by

  8  this plan shall be directly insured by the Florida Health

  9  Endowment Association, and the policies shall be issued

10  through the administrator.

11         Section 4.  Disease management services.--

12         (1)  The association may contract with insurers to

13  provide disease management services for insurers that elect to

14  participate in the association disease management program.

15         (2)  An insurer that elects to contract for such

16  services shall provide the association with all medical

17  records and claims information necessary for the association

18  to effectively manage the services.

19         (3)  Moneys collected by the association for providing

20  disease management services shall be used by the association

21  to pay administrative expenses associated with the disease

22  management program and any remaining moneys shall be deposited

23  in the Florida Health Endowment Trust Fund.

24         Section 5.  Tax credits.--

25         (1)(a)  Any insurance company subject to premium tax

26  liability pursuant to section 624.509, Florida Statutes, who

27  makes a contribution to the Florida Health Endowment

28  Association shall earn a vested credit against premium tax

29  liability equal to 100 percent of the contribution. Insurance

30  companies may use not more than 25 percentage points of the

31  vested premium tax credit, including any carryforward credits

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  1  under this act, per year beginning with premium tax filings

  2  for calendar year 2001. Any premium tax credits not used in

  3  any single year may be carried forward and applied against the

  4  premium tax liabilities for subsequent calendar years.

  5         (b)  The credit to be applied against premium tax

  6  liability in any single year may not exceed the premium tax

  7  liability of the insurance company for that taxable year.

  8         (c)  An insurance company claiming a credit against

  9  premium tax liability earned through an investment in the

10  Florida Health Endowment Association is not required to pay

11  any additional retaliatory tax levied under section 624.5091,

12  Florida Statutes, as a result of claiming such credit. Because

13  credits under this section are available to an insurance

14  company, section 624.5091, Florida Statutes, does not limit

15  such credit in any manner.

16         (2)  The claim of a transferee of an insurance

17  company's unused premium tax credit shall be permitted in the

18  same manner and subject to the same provisions and limitations

19  of this act as the original insurance company. The term

20  "transferee" means any person who:

21         (a)  Through the voluntary sale, assignment, or other

22  transfer of the business or control of the business of the

23  insurance company, including the sale or other transfer of

24  stock or assets by merger, consolidation, or dissolution,

25  succeeds to all or substantially all of the business and

26  property of the insurance company;

27         (b)  Becomes by operation of law or otherwise the

28  parent company or a wholly owned subsidiary of the insurance

29  company; or

30         (c)  Directly or indirectly owns, whether through

31  rights, options, convertible interests, or otherwise,

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    Florida Senate - 1999                                  SB 1800
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  1  controls, or holds power to vote 10 percent or more of the

  2  outstanding voting securities or other ownership interest of

  3  the insurance company.

  4         Section 6.  Plan termination.--If the state determines

  5  the plan to be financially infeasible, the state may

  6  discontinue the plan. Any participants shall be entitled to

  7  exercise the complete benefits for which he or she has

  8  contracted. However, additional participants may not be

  9  permitted to enter the plan.

10         Section 7.  Section 627.648, Florida Statutes; section

11  627.6482, Florida Statutes, as amended by sections 224 and 292

12  of chapter 98-166, Laws of Florida; sections 627.6484 and

13  627.6486, Florida Statutes; section 627.6487, Florida

14  Statutes, as amended by section 5 of chapter 98-159, Laws of

15  Florida; sections 627.64871, 627.6488, 627.6489, 627.649, and

16  627.6496, Florida Statutes; and section 627.6498, Florida

17  Statutes, as amended by section 6 of chapter 98-159, Laws of

18  Florida, are repealed effective upon the opening of the plan

19  by the board. Sections 627.6492 and 627.6494, Florida

20  Statutes, are repealed January 1, 2003. Effective upon the

21  date of the opening of the plan, all individuals who have

22  insurance coverage issued by the Florida Comprehensive Health

23  Association on that date shall be issued insurance coverage

24  under the plan. The association shall assume all liabilities

25  of the Florida Comprehensive Health Association and be vested

26  with all statutory powers of the Florida Comprehensive Health

27  Association under sections 627.6492 and 627.6494, Florida

28  Statutes.

29         Section 8.  The sum of $       is appropriated from the

30  General Revenue Fund to the Florida Health Endowment Trust

31  Fund.

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  1         Section 9.  This act shall take effect July 1, 1999.

  2

  3            *****************************************

  4                          SENATE SUMMARY

  5    Creates the Florida Health Endowment Association to offer
      health insurance coverage to persons whose health
  6    insurance has been involuntarily terminated for any
      reason other than nonpayment. Provides for the
  7    association to be governed by a board of directors.
      Requires that the board adopt a plan and rules to
  8    administer the health insurance plan. Requires that the
      board select a plan administrator. Requires that the plan
  9    offer major medical expense coverage similar to that
      provided by the state group health insurance program.
10    Provides for premiums, deductibles, and coinsurance.
      Requires that the board establish premium schedules.
11    Authorizes the board of directors to contract with
      insurers for disease-management services. Provides for
12    tax credits for insurance companies that contribute to
      the Florida Health Endowment Association. Repeals the
13    Florida Comprehensive Health Association Act and provides
      for individuals that have coverage under that act to be
14    transferred to the Florida Health Endowment Association.
      (See bill for details.)
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