HOUSE AMENDMENT
                                        Bill No. HB 1439, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
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11  Representative(s) Rich, Gannon, Lerner, Joyner, Sobel, Cusack,
12  Bendross-Mindingall, Romeo, Ausley and Detert offered the
13  following:
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15         Amendment (with title amendment) 
16         On page 3, line 2,
17  
18  insert:  
19         Section 1.  Section 627.64191, Florida Statutes, is
20  created to read:
21         627.64191  Compliance with decisions of the United
22  States Equal Employment Opportunity Commission.--The benefits,
23  exclusions, and limitations of individual health insurance
24  policies must comply with and be consistent with the decisions
25  of the United States Equal Employment Opportunity Commission
26  which hold that the exclusion or limitation of a specific
27  benefit violates Title VII of the Civil Rights Act of 1964, as
28  amended by the Pregnancy Discrimination Act of 1978. The
29  department must determine such compliance in approving form
30  filings under ss. 627.410 and 627.411, based on decisions
31  rendered by the United States Equal Employment Opportunity
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    File original & 9 copies    05/01/01                          
    hbd0001                     06:04 pm         01439-0097-143537

HOUSE AMENDMENT Bill No. HB 1439, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Commission before January 1, 2001. 2 Section 2. Section 627.65741, Florida Statutes, is 3 created to read: 4 627.65741 Compliance with decisions of the United 5 States Equal Employment Opportunity Commission.--The benefits, 6 exclusions, and limitations of group health insurance policies 7 must comply with and be consistent with the decisions of the 8 United States Equal Employment Opportunity Commission which 9 hold that the exclusion or limitation of a specific benefit 10 violates Title VII of the Civil Rights Act of 1964, as amended 11 by the Pregnancy Discrimination Act of 1978. The department 12 must determine such compliance in approving form filings under 13 ss. 627.410 and 627.411, based on decisions rendered by the 14 United States Equal Employment Opportunity Commission before 15 January 1, 2001. 16 Section 3. Paragraph (b) of subsection (12) of section 17 627.6699, Florida Statutes, is amended to read: 18 627.6699 Employee Health Care Access Act.-- 19 (12) STANDARD, BASIC, AND LIMITED HEALTH BENEFIT 20 PLANS.-- 21 (b)1. Each small employer carrier issuing new health 22 benefit plans shall offer to any small employer, upon request, 23 a standard health benefit plan and a basic health benefit plan 24 that meets the criteria set forth in this section. 25 2. For purposes of this subsection, the terms 26 "standard health benefit plan" and "basic health benefit plan" 27 mean policies or contracts that a small employer carrier 28 offers to eligible small employers that contain: 29 a. An exclusion for services that are not medically 30 necessary or that are not covered preventive health services; 31 and 2 File original & 9 copies 05/01/01 hbd0001 06:04 pm 01439-0097-143537
HOUSE AMENDMENT Bill No. HB 1439, 1st Eng. Amendment No. ___ (for drafter's use only) 1 b. A procedure for preauthorization by the small 2 employer carrier, or its designees. 3 3. A small employer carrier may include the following 4 managed care provisions in the policy or contract to control 5 costs: 6 a. A preferred provider arrangement or exclusive 7 provider organization or any combination thereof, in which a 8 small employer carrier enters into a written agreement with 9 the provider to provide services at specified levels of 10 reimbursement or to provide reimbursement to specified 11 providers. Any such written agreement between a provider and a 12 small employer carrier must contain a provision under which 13 the parties agree that the insured individual or covered 14 member has no obligation to make payment for any medical 15 service rendered by the provider which is determined not to be 16 medically necessary. A carrier may use preferred provider 17 arrangements or exclusive provider arrangements to the same 18 extent as allowed in group products that are not issued to 19 small employers. 20 b. A procedure for utilization review by the small 21 employer carrier or its designees. 22 23 This subparagraph does not prohibit a small employer carrier 24 from including in its policy or contract additional managed 25 care and cost containment provisions, subject to the approval 26 of the department, which have potential for controlling costs 27 in a manner that does not result in inequitable treatment of 28 insureds or subscribers. The carrier may use such provisions 29 to the same extent as authorized for group products that are 30 not issued to small employers. 31 4. The standard health benefit plan shall include: 3 File original & 9 copies 05/01/01 hbd0001 06:04 pm 01439-0097-143537
HOUSE AMENDMENT Bill No. HB 1439, 1st Eng. Amendment No. ___ (for drafter's use only) 1 a. Coverage for inpatient hospitalization; 2 b. Coverage for outpatient services; 3 c. Coverage for newborn children pursuant to s. 4 627.6575; 5 d. Coverage for child care supervision services 6 pursuant to s. 627.6579; 7 e. Coverage for adopted children upon placement in the 8 residence pursuant to s. 627.6578; 9 f. Coverage for mammograms pursuant to s. 627.6613; 10 g. Coverage for handicapped children pursuant to s. 11 627.6615; 12 h. Emergency or urgent care out of the geographic 13 service area; and 14 i. Coverage for services provided by a hospice 15 licensed under s. 400.602 in cases where such coverage would 16 be the most appropriate and the most cost-effective method for 17 treating a covered illness. 18 5. The standard health benefit plan and the basic 19 health benefit plan may include a schedule of benefit 20 limitations for specified services and procedures. If the 21 committee develops such a schedule of benefits limitation for 22 the standard health benefit plan or the basic health benefit 23 plan, a small employer carrier offering the plan must offer 24 the employer an option for increasing the benefit schedule 25 amounts by 4 percent annually. 26 6. The basic health benefit plan shall include all of 27 the benefits specified in subparagraph 4.; however, the basic 28 health benefit plan shall place additional restrictions on the 29 benefits and utilization and may also impose additional cost 30 containment measures. 31 7. Sections 627.419(2), (3), and (4), 627.6574, 4 File original & 9 copies 05/01/01 hbd0001 06:04 pm 01439-0097-143537
HOUSE AMENDMENT Bill No. HB 1439, 1st Eng. Amendment No. ___ (for drafter's use only) 1 627.65741, 627.6612, 627.66121, 627.66122, 627.6616, 627.6618, 2 627.668, and 627.66911 apply to the standard health benefit 3 plan and to the basic health benefit plan. However, 4 notwithstanding said provisions, the plans may specify limits 5 on the number of authorized treatments, if such limits are 6 reasonable and do not discriminate against any type of 7 provider. 8 8. Each small employer carrier that provides for 9 inpatient and outpatient services by allopathic hospitals may 10 provide as an option of the insured similar inpatient and 11 outpatient services by hospitals accredited by the American 12 Osteopathic Association when such services are available and 13 the osteopathic hospital agrees to provide the service. 14 Section 4. Subsection (40) is added to section 641.31, 15 Florida Statutes, to read: 16 641.31 Health maintenance contracts.-- 17 (40) The benefits, exclusions, and limitations of 18 organization contracts must comply with and be consistent with 19 the decisions of the United States Equal Employment 20 Opportunity Commission which hold that the exclusion or 21 limitation of a specific benefit violates Title VII of the 22 Civil Rights Act of 1964, as amended by the Pregnancy 23 Discrimination Act of 1978. The department must determine such 24 compliance in approving form filings under this section, based 25 on decisions rendered by the United States Equal Employment 26 Opportunity Commission before January 1, 2001. 27 28 29 ================ T I T L E A M E N D M E N T =============== 30 And the title is amended as follows: 31 On page 1, line 2, after the semicolon 5 File original & 9 copies 05/01/01 hbd0001 06:04 pm 01439-0097-143537
HOUSE AMENDMENT Bill No. HB 1439, 1st Eng. Amendment No. ___ (for drafter's use only) 1 insert: 2 creating ss. 627.64191, 627.65741, F.S.; 3 requiring individual and group health insurance 4 policies to comply with decisions of the United 5 States Equal Employment Opportunity Commission 6 with respect to exclusions that violate Title 7 VII of the Civil Rights Act, as amended; 8 requiring the Department of Insurance to make 9 such determination when approving policy forms; 10 amending ss. 627.6699, 641.31, F.S.; requiring 11 standard and basic health benefit plans issued 12 by small employer carriers and health 13 maintenance contracts to comply with decisions 14 of the United States Equal Employment 15 Opportunity Commission with respect to 16 exclusions that violate Title VII of the Civil 17 Rights Act, as amended; requiring the 18 Department of Insurance to make such 19 determination when approving policy forms; 20 providing for application; 21 22 23 24 25 26 27 28 29 30 31 6 File original & 9 copies 05/01/01 hbd0001 06:04 pm 01439-0097-143537