Senate Bill sb1210
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1210
    By Senator Latvala
    19-1177A-01
  1                      A bill to be entitled
  2         An act relating to health insurance; amending
  3         s. 627.410, F.S.; requiring certain group
  4         certificates for health insurance coverage to
  5         be subject to the requirements for individual
  6         health insurance policies; exempting group
  7         health insurance policies insuring groups of a
  8         certain size from rate filing requirements;
  9         providing alternative rate filing requirements
10         for insurers with less than a specified number
11         of nationwide policyholders or members;
12         amending s. 627.411, F.S.; revising the grounds
13         for the disapproval of insurance policy forms;
14         providing that a health insurance policy form
15         may be disapproved if it results in certain
16         rate increases; specifying allowable new
17         business rates and renewal rates if rate
18         increases exceed certain levels; authorizing
19         the Department of Insurance to determine
20         medical trend for purposes of approving rate
21         filings; amending s. 627.6487, F.S.; revising
22         the types of policies that individual health
23         insurers must offer to persons eligible for
24         guaranteed individual health insurance
25         coverage; prohibiting individual health
26         insurers from applying discriminatory
27         underwriting or rating practices to eligible
28         individuals; amending s. 627.6515, F.S.;
29         requiring that coverage issued to a state
30         resident under certain group health insurance
31         policies issued outside the state be subject to
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1210
    19-1177A-01
  1         the requirements for individual health
  2         insurance policies; amending s. 627.6699, F.S.;
  3         revising definitions used in the Employee
  4         Health Care Access Act; allowing carriers to
  5         separate the experience of small employer
  6         groups with fewer than two employees; revising
  7         the rating factors that may be used by small
  8         employer carriers; amending s. 627.6741, F.S.;
  9         requiring that insurers offer Medicare
10         supplement policies to certain individuals;
11         amending s. 627.9408, F.S.; authorizing the
12         department to adopt by rule certain provisions
13         of the Long-Term Care Insurance Model
14         Regulation, as adopted by the National
15         Association of Insurance Commissioners;
16         amending s. 641.31, F.S.; exempting contracts
17         of group health maintenance organizations
18         covering a specified number of persons from the
19         requirements of filing with the department;
20         specifying the standards for department
21         approval and disapproval of a change in rates
22         by a health maintenance organization; providing
23         alternative rate filing requirements for
24         organizations with less than a specified number
25         of subscribers; providing an effective date.
26
27  Be It Enacted by the Legislature of the State of Florida:
28
29         Section 1.  Subsection (1) and paragraph (a) of
30  subsection (6) of section 627.410, Florida Statutes, are
31
                                  2
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1210
    19-1177A-01
  1  amended, and paragraph (f) is added to subsection (7) of that
  2  section, to read:
  3         627.410  Filing, approval of forms.--
  4         (1)  No basic insurance policy or annuity contract
  5  form, or application form where written application is
  6  required and is to be made a part of the policy or contract,
  7  or group certificates issued under a master contract delivered
  8  in this state, or printed rider or endorsement form or form of
  9  renewal certificate, shall be delivered or issued for delivery
10  in this state, unless the form has been filed with the
11  department at its offices in Tallahassee by or in behalf of
12  the insurer which proposes to use such form and has been
13  approved by the department. This provision does not apply to
14  surety bonds or to policies, riders, endorsements, or forms of
15  unique character which are designed for and used with relation
16  to insurance upon a particular subject (other than as to
17  health insurance), or which relate to the manner of
18  distribution of benefits or to the reservation of rights and
19  benefits under life or health insurance policies and are used
20  at the request of the individual policyholder, contract
21  holder, or certificateholder.  As to group insurance policies
22  effectuated and delivered outside this state but covering
23  persons resident in this state, the group certificates to be
24  delivered or issued for delivery in this state shall be filed
25  with the department for information purposes only, except that
26  group certificates for health insurance coverage, as described
27  in s. 627.6561(5)(a)2., which require individual underwriting
28  to determine coverage eligibility or premium rates to be
29  charged, shall be considered policies issued on an individual
30  basis and are subject to and must comply with the Florida
31
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1210
    19-1177A-01
  1  Insurance Code in the same manner as individual health
  2  insurance policies issued in this state.
  3         (6)(a)  An insurer shall not deliver or issue for
  4  delivery or renew in this state any health insurance policy
  5  form until it has filed with the department a copy of every
  6  applicable rating manual, rating schedule, change in rating
  7  manual, and change in rating schedule; if rating manuals and
  8  rating schedules are not applicable, the insurer must file
  9  with the department applicable premium rates and any change in
10  applicable premium rates. This paragraph does not apply to
11  group health insurance policies insuring groups of 51 or more
12  persons, except for Medicare supplement insurance, long-term
13  care insurance, and any coverage under which the increase in
14  claim costs over the lifetime of the contract due to advancing
15  age or duration is prefunded in the premium.
16         (7)
17         (f)  Insurers with fewer than 1,000 nationwide
18  policyholders or insured group members or subscribers covered
19  under any form or pooled group of forms with health insurance
20  coverage, as described in s. 627.6561(5)(a)2., excluding
21  Medicare supplement insurance coverage under part VIII, at the
22  time of a rate filing made pursuant to subparagraph (b)1., may
23  file for an annual rate increase limited to medical trend as
24  adopted by the department pursuant to s. 627.411(4). The
25  filing is in lieu of the actuarial memorandum required for a
26  rate filing prescribed by paragraph (6)(b). The filing must
27  include forms adopted by the department and a certification by
28  an officer of the company that the filing includes all similar
29  forms.
30         Section 2.  Section 627.411, Florida Statutes, is
31  amended to read:
                                  4
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1210
    19-1177A-01
  1         627.411  Grounds for disapproval.--
  2         (1)  The department shall disapprove any form filed
  3  under s. 627.410, or withdraw any previous approval thereof,
  4  only if the form:
  5         (a)  Is in any respect in violation of, or does not
  6  comply with, this code.
  7         (b)  Contains or incorporates by reference, where such
  8  incorporation is otherwise permissible, any inconsistent,
  9  ambiguous, or misleading clauses, or exceptions and conditions
10  which deceptively affect the risk purported to be assumed in
11  the general coverage of the contract.
12         (c)  Has any title, heading, or other indication of its
13  provisions which is misleading.
14         (d)  Is printed or otherwise reproduced in such manner
15  as to render any material provision of the form substantially
16  illegible.
17         (e)  Is for health insurance, and:
18         1.  Provides benefits that which are unreasonable in
19  relation to the premium charged;,
20         2.  Contains provisions that which are unfair or
21  inequitable or contrary to the public policy of this state or
22  that which encourage misrepresentation;, or
23         3.  Contains provisions that which apply rating
24  practices that which result in premium escalations that are
25  not viable for the policyholder market or result in unfair
26  discrimination pursuant to s. 626.9541(1)(g)2.; in sales
27  practices.
28         4.  Results in an actuarially justified rate increase
29  that includes the insurer reducing the portion of the premium
30  used to pay claims from the loss-ratio standard certified in
31  the last actuarial certification filed by the insurer, which
                                  5
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1210
    19-1177A-01
  1  rate increase is in excess of the actuarially justified rate
  2  increase without such loss-ratio change, by an amount
  3  exceeding the greater of 50 percent of annual medical trend or
  4  5 percent;
  5         5.  Results in an actuarially justified rate increase
  6  that includes the insurer changing established rate
  7  relationships between insureds or types of coverage, which
  8  rate increase is in excess of the actuarially justified rate
  9  increase without such relationship change, to any insured by
10  an amount exceeding the greater of 50 percent of annual
11  medical trend or 5 percent;
12         6.  Results in an actuarially justified rate increase
13  that is in excess of the greater of 150 percent of annual
14  medical trend or 10 percent attributed to the insurer not
15  complying with the annual filing requirements of s. 627.410(7)
16  or department rule adopted under s. 641.31; or
17         7.  Results in an actuarially justified rate increase
18  that is in excess of the greater of 150 percent of annual
19  medical trend or 10 percent on a form or block of pooled forms
20  in which no form is currently available for sale.
21         (f)  Excludes coverage for human immunodeficiency virus
22  infection or acquired immune deficiency syndrome or contains
23  limitations in the benefits payable, or in the terms or
24  conditions of such contract, for human immunodeficiency virus
25  infection or acquired immune deficiency syndrome which are
26  different than those which apply to any other sickness or
27  medical condition.
28         (2)  In determining whether the benefits are reasonable
29  in relation to the premium charged, the department, in
30  accordance with reasonable actuarial techniques, shall
31  consider:
                                  6
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1210
    19-1177A-01
  1         (a)  Past loss experience and prospective loss
  2  experience within and without this state.
  3         (b)  Allocation of expenses.
  4         (c)  Risk and contingency margins, along with
  5  justification of such margins.
  6         (d)  Acquisition costs.
  7         (3)  If the renewal rate increase to existing insureds
  8  at the time of the rate filing would exceed the indicated
  9  levels based on the conditions in subparagraph (1)(e)4.,
10  subparagraph (1)(e)5., or subparagraph (1)(e)6., the insurer
11  may file for approval of a higher new business rate schedule
12  for new insureds and a rate increase of the amount that is
13  actuarially justified by the aggregate data without such
14  condition, plus the greater of 50 percent of annual medical
15  trend or 5 percent for existing insureds. Future annual rate
16  increases for the existing insureds at the time of the
17  exercise of this provision is limited to the greater of 150
18  percent of the rate increase approved for new insureds, the
19  greater of 150 percent of medical trend, or 10 percent, until
20  the rate schedules converge. The application of this
21  subsection is not a violation of s. 627.410(6)(d).
22         (4)  If a rate filing changes the established rate
23  relationship between insureds, the aggregate effect of such
24  change shall be revenue neutral. The change to the new
25  relationship shall be phased in over a period not to exceed 3
26  years, as approved by the department.
27         (5)  In determining medical trend for application of
28  subparagraphs (1)(e)4., 5., 6., and 7., the department shall
29  semiannually determine medical trend for each health care
30  market, using reasonable actuarial techniques and standards.
31
                                  7
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1210
    19-1177A-01
  1  The trend must be adopted by the department by rule and
  2  determined as follows:
  3         (a)  Trend must be determined separately for medical
  4  expense; preferred provider organization; Medicare supplement;
  5  health maintenance organization; and other coverage for
  6  individual, small group, and large group, where applicable.
  7         (b)  The department shall survey insurers and health
  8  maintenance organizations currently issuing products and
  9  representing at least an 80-percent market share based on
10  premiums earned in the state for the most recent calendar year
11  for each of the categories specified in paragraph (a).
12         (c)  Trend must be computed as the average annual
13  medical trend approved for the carriers surveyed, giving
14  appropriate weight to each carrier's statewide market share of
15  earned premiums.
16         (d)  The annual trend is the annual change in claims
17  cost per unit of exposure. Trend includes the combined effect
18  of medical provider price changes, new medical procedures, and
19  technology and cost shifting.
20         Section 3.  Subsections (4) and (8) of section
21  627.6487, Florida Statutes, are amended to read:
22         627.6487  Guaranteed availability of individual health
23  insurance coverage to eligible individuals.--
24         (4)(a)  The health insurance issuer may elect to limit
25  the coverage offered under subsection (1) if the issuer offers
26  at least two different policy forms of health insurance
27  coverage, both of which:
28         1.  Are designed for, made generally available to,
29  actively marketed to, and enroll both eligible and other
30  individuals by the issuer; and
31         2.  Meet the requirement of paragraph (b).
                                  8
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1210
    19-1177A-01
  1
  2  For purposes of this subsection, policy forms that have
  3  different cost-sharing arrangements or different riders are
  4  considered to be different policy forms.
  5         (b)  The requirement of this subsection is met for
  6  health insurance coverage policy forms offered by an issuer in
  7  the individual market if the issuer offers the basic and
  8  standard health benefit plans as established pursuant to s.
  9  627.6699(12). policy forms for individual health insurance
10  coverage with the largest, and next to largest, premium volume
11  of all such policy forms offered by the issuer in this state
12  or applicable marketing or service area, as prescribed in
13  rules adopted by the department, in the individual market in
14  the period involved. To the greatest extent possible, such
15  rules must be consistent with regulations adopted by the
16  United States Department of Health and Human Services.
17         (8)  This section does not:
18         (a)  Restrict the issuer from applying the same
19  nondiscriminatory underwriting and rating practices that are
20  applied by the issuer to other individuals applying for
21  coverage amount of the premium rates that an issuer may charge
22  an individual for individual health insurance coverage; or
23         (b)  Prevent a health insurance issuer that offers
24  individual health insurance coverage from establishing premium
25  discounts or rebates or modifying otherwise applicable
26  copayments or deductibles in return for adherence to programs
27  of health promotion and disease prevention.
28         Section 4.  Subsection (9) is added to section
29  627.6515, Florida Statutes, to read:
30         627.6515  Out-of-state groups.--
31
                                  9
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1210
    19-1177A-01
  1         (9)  Notwithstanding any other provision of this
  2  section, any group health insurance policy or group
  3  certificate for health insurance, as described in s.
  4  627.6561(5)(a)2., which is issued to a resident of this state
  5  and requires individual underwriting to determine coverage
  6  eligibility or premium rates to be charged shall be considered
  7  a policy issued on an individual basis and is subject to and
  8  must comply with the Florida Insurance Code in the same manner
  9  as individual insurance policies issued in this state.
10         Section 5.  Paragraphs (i) and (n) of subsection (3)
11  and paragraph (b) of subsection (6) of section 627.6699,
12  Florida Statutes, are amended to read:
13         627.6699  Employee Health Care Access Act.--
14         (3)  DEFINITIONS.--As used in this section, the term:
15         (i)  "Established geographic area" means the county or
16  counties, or any portion of a county or counties, within which
17  the carrier provides or arranges for health care services to
18  be available to its insureds, members, or subscribers.
19         (n)  "Modified community rating" means a method used to
20  develop carrier premiums which spreads financial risk across a
21  large population; allows the use of separate rating factors
22  for age, gender, family composition, tobacco usage, and
23  geographic area as determined under paragraph (5)(j); and
24  allows adjustments for: claims experience, health status, or
25  duration of coverage as permitted under subparagraph (6)(b)5.;
26  and administrative and acquisition expenses as permitted under
27  subparagraph (6)(b)5. A carrier may separate the experience of
28  small employer groups with less than two eligible employees
29  from the experience of small employer groups with two through
30  50 eligible employees.
31         (6)  RESTRICTIONS RELATING TO PREMIUM RATES.--
                                  10
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1210
    19-1177A-01
  1         (b)  For all small employer health benefit plans that
  2  are subject to this section and are issued by small employer
  3  carriers on or after January 1, 1994, premium rates for health
  4  benefit plans subject to this section are subject to the
  5  following:
  6         1.  Small employer carriers must use a modified
  7  community rating methodology in which the premium for each
  8  small employer must be determined solely on the basis of the
  9  eligible employee's and eligible dependent's gender, age,
10  family composition, tobacco use, or geographic area as
11  determined under paragraph (5)(j) and in which the premium may
12  be adjusted as permitted by subparagraphs 6. 5. and 7. 6.
13         2.  Rating factors related to age, gender, family
14  composition, tobacco use, or geographic location may be
15  developed by each carrier to reflect the carrier's experience.
16  The factors used by carriers are subject to department review
17  and approval.
18         3.  If the modified community rate is determined from
19  two experience pools as authorized by paragraph (5)(n), the
20  rate to be charged to small employer groups of less than two
21  eligible employees may not exceed 150 percent of the rate
22  determined for groups of two through 50 eligible employees;
23  however, the carrier may charge excess losses of the
24  less-than-two-eligible-employee experience pool to the
25  experience pool of the two through 50 eligible employees so
26  that all losses are allocated and the 150-percent rate limit
27  on the less-than-two-eligible-employee experience pool is
28  maintained.
29         4.3.  Small employer carriers may not modify the rate
30  for a small employer for 12 months from the initial issue date
31  or renewal date, unless the composition of the group changes
                                  11
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1210
    19-1177A-01
  1  or benefits are changed. However, a small employer carrier may
  2  modify the rate one time prior to 12 months after the initial
  3  issue date for a small employer who enrolls under a previously
  4  issued group policy that has a common anniversary date for all
  5  employers covered under the policy if:
  6         a.  The carrier discloses to the employer in a clear
  7  and conspicuous manner the date of the first renewal and the
  8  fact that the premium may increase on or after that date.
  9         b.  The insurer demonstrates to the department that
10  efficiencies in administration are achieved and reflected in
11  the rates charged to small employers covered under the policy.
12         5.4.  A carrier may issue a group health insurance
13  policy to a small employer health alliance or other group
14  association with rates that reflect a premium credit for
15  expense savings attributable to administrative activities
16  being performed by the alliance or group association if such
17  expense savings are specifically documented in the insurer's
18  rate filing and are approved by the department.  Any such
19  credit may not be based on different morbidity assumptions or
20  on any other factor related to the health status or claims
21  experience of any person covered under the policy. Nothing in
22  this subparagraph exempts an alliance or group association
23  from licensure for any activities that require licensure under
24  the insurance code. A carrier issuing a group health insurance
25  policy to a small employer health alliance or other group
26  association shall allow any properly licensed and appointed
27  agent of that carrier to market and sell the small employer
28  health alliance or other group association policy. Such agent
29  shall be paid the usual and customary commission paid to any
30  agent selling the policy.
31
                                  12
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1210
    19-1177A-01
  1         6.5.  Any adjustments in rates for claims experience,
  2  health status, or duration of coverage may not be charged to
  3  individual employees or dependents. For a small employer's
  4  policy, such adjustments may not result in a rate for the
  5  small employer which deviates more than 15 percent from the
  6  carrier's approved rate. Any such adjustment must be applied
  7  uniformly to the rates charged for all employees and
  8  dependents of the small employer. A small employer carrier may
  9  make an adjustment to a small employer's renewal premium, not
10  to exceed 10 percent annually, due to the claims experience,
11  health status, or duration of coverage of the employees or
12  dependents of the small employer. Semiannually, small group
13  carriers shall report information on forms adopted by rule by
14  the department, to enable the department to monitor the
15  relationship of aggregate adjusted premiums actually charged
16  policyholders by each carrier to the premiums that would have
17  been charged by application of the carrier's approved modified
18  community rates. If the aggregate resulting from the
19  application of such adjustment exceeds the premium that would
20  have been charged by application of the approved modified
21  community rate by 5 percent for the current reporting period,
22  the carrier shall limit the application of such adjustments
23  only to minus adjustments beginning not more than 60 days
24  after the report is sent to the department. For any subsequent
25  reporting period, if the total aggregate adjusted premium
26  actually charged does not exceed the premium that would have
27  been charged by application of the approved modified community
28  rate by 5 percent, the carrier may apply both plus and minus
29  adjustments. A small employer carrier may provide a credit to
30  a small employer's premium based on administrative and
31  acquisition expense differences resulting from the size of the
                                  13
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1210
    19-1177A-01
  1  group. Group size administrative and acquisition expense
  2  factors may be developed by each carrier to reflect the
  3  carrier's experience and are subject to department review and
  4  approval.
  5         7.6.  A small employer carrier rating methodology may
  6  include separate rating categories for one dependent child,
  7  for two dependent children, and for three or more dependent
  8  children for family coverage of employees having a spouse and
  9  dependent children or employees having dependent children
10  only. A small employer carrier may have fewer, but not
11  greater, numbers of categories for dependent children than
12  those specified in this subparagraph.
13         8.7.  Small employer carriers may not use a composite
14  rating methodology to rate a small employer with fewer than 10
15  employees. For the purposes of this subparagraph, a "composite
16  rating methodology" means a rating methodology that averages
17  the impact of the rating factors for age and gender in the
18  premiums charged to all of the employees of a small employer.
19         Section 6.  Subsection (1) of section 627.6741, Florida
20  Statutes, is amended to read:
21         627.6741  Issuance, cancellation, nonrenewal, and
22  replacement.--
23         (1)  An insurer issuing Medicare supplement policies in
24  this state shall offer the opportunity of enrolling in a
25  Medicare supplement policy, without conditioning the issuance
26  or effectiveness of the policy on, and without discriminating
27  in the price of the policy based on, the medical or health
28  status or receipt of health care by the individual:
29         (a)  To any individual who is 65 years of age or older,
30  or under 65 years of age and eligible for Medicare by reason
31  of disability, and who resides in this state, upon the request
                                  14
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1210
    19-1177A-01
  1  of the individual during the 6-month period beginning with the
  2  first month in which the individual has attained 65 years of
  3  age and is enrolled in Medicare part B, or the first month in
  4  which the individual is eligible for Medicare by reason of
  5  disability and is enrolled in Medicare part B; or
  6         (b)  To any individual who is 65 years of age or older,
  7  or under 65 years of age and eligible for Medicare by reason
  8  of disability, and is enrolled in Medicare part B, who resides
  9  in this state, upon the request of the individual during the
10  2-month period following termination of coverage under a group
11  health insurance policy.
12
13  A Medicare supplement policy issued to an individual under
14  paragraph (a) or paragraph (b) may not exclude benefits based
15  on a preexisting condition if the individual has a continuous
16  period of creditable coverage, as defined in s. 627.6561(5),
17  of at least 6 months as of the date of application for
18  coverage. Paragraphs (a) and (b) do not apply to end-stage
19  renal disease beneficiaries before they attain 65 years of
20  age. For those individuals otherwise eligible under paragraph
21  (a) or paragraph (b) who first enrolled in Medicare part B
22  before July 1, 2001, the 6-month period shall begin on July 1,
23  2001. A Medicare supplemental policy issued to an individual
24  under paragraph (a) or paragraph (b) who is less than 65 years
25  of age and who is eligible for Medicare by reason of
26  disability shall be issued at the premium rate for persons 65
27  years of age.
28         Section 7.  Section 627.9408, Florida Statutes, is
29  amended to read:
30         627.9408  Rules.--
31
                                  15
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1210
    19-1177A-01
  1         (1)  The department may has authority to adopt rules
  2  pursuant to ss. 120.536(1) and 120.54 to administer implement
  3  the provisions of this part.
  4         (2)  The department may adopt by rule the provisions of
  5  the Long-Term Care Insurance Model Regulation adopted by the
  6  National Association of Insurance Commissioners in the second
  7  quarter of the year 2000 which are not in conflict with the
  8  Florida Insurance Code.
  9         Section 8.  Paragraphs (b) and (d) of subsection (3) of
10  section 641.31, Florida Statutes, are amended, and paragraph
11  (f) is added to that subsection, to read:
12         641.31  Health maintenance contracts.--
13         (3)
14         (b)  Any change in the rate is subject to paragraph (d)
15  and requires at least 30 days' advance written notice to the
16  subscriber. In the case of a group member, there may be a
17  contractual agreement with the health maintenance organization
18  to have the employer provide the required notice to the
19  individual members of the group. This paragraph does not apply
20  to a group contract covering 51 or more persons unless the
21  rate is for any coverage under which the increase in claim
22  costs over the lifetime of the contract due to advancing age
23  or duration is prefunded in the premium.
24         (d)  Any change in rates charged for the contract must
25  be filed with the department not less than 30 days in advance
26  of the effective date. At the expiration of such 30 days, the
27  rate filing shall be deemed approved unless prior to such time
28  the filing has been affirmatively approved or disapproved by
29  order of the department pursuant to s. 627.411. The approval
30  of the filing by the department constitutes a waiver of any
31  unexpired portion of such waiting period. The department may
                                  16
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1210
    19-1177A-01
  1  extend by not more than an additional 15 days the period
  2  within which it may so affirmatively approve or disapprove any
  3  such filing, by giving notice of such extension before
  4  expiration of the initial 30-day period. At the expiration of
  5  any such period as so extended, and in the absence of such
  6  prior affirmative approval or disapproval, any such filing
  7  shall be deemed approved.
  8         (f)  A health maintenance organization with fewer than
  9  1,000 covered subscribers under all individual or group
10  contracts, at the time of a rate filing, may file for an
11  annual rate increase limited to annual medical trend, as
12  adopted by the department. The filing is in lieu of the
13  actuarial memorandum otherwise required for the rate filing.
14  The filing must include forms adopted by the department and a
15  certification by an officer of the company that the filing
16  includes all similar forms.
17         Section 9.  This act shall take effect July 1, 2001.
18
19            *****************************************
20                          SENATE SUMMARY
21    Revises various provisions of the Florida Insurance Code
      relating to health insurance. Revises requirements for
22    group insurance policies issued outside the state.
      Authorizes certain insurers to file for annual rate
23    increases based on medical trend. Provides requirements
      for the Department of Insurance in determining medical
24    trend. Revises provisions of the Employee Health Care
      Access Act. Authorizes carriers to revise the factors
25    used to establish premium rates. Requires insurers to
      issue Medicare supplement policies to persons under 65
26    years of age who are eligible for Medicare by reason of
      disability. Authorizes certain health maintenance
27    organizations to file for rate increases based on medical
      trend. (See bill for details.)
28
29
30
31
                                  17
CODING: Words stricken are deletions; words underlined are additions.