Senate Bill sb1960c2

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    Florida Senate - 2001           CS for CS for SB's 1960 & 1760

    By the Committees on Health, Aging and Long-Term Care; Banking
    and Insurance; and Senators Latvala and King




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  1                      A bill to be entitled

  2         An act relating to health care; making

  3         legislative findings and providing legislative

  4         intent; providing definitions; providing for a

  5         pilot program for health flex plans for certain

  6         uninsured persons; providing criteria;

  7         exempting approved health flex plans from

  8         certain licensing requirements; providing

  9         criteria for eligibility to enroll in a health

10         flex plan; requiring health flex plan providers

11         to maintain certain records; providing

12         requirements for denial, nonrenewal, or

13         cancellation of coverage; specifying that

14         coverage under an approved health flex plan is

15         not an entitlement; providing for civil actions

16         against health plan entities by the Agency for

17         Health Care Administration under certain

18         circumstances; amending s. 627.410, F.S.;

19         requiring certain group certificates for health

20         insurance coverage to be subject to the

21         requirements for individual health insurance

22         policies; exempting group health insurance

23         policies insuring groups of a certain size from

24         rate filing requirements; providing alternative

25         rate filing requirements for insurers with less

26         than a specified number of nationwide

27         policyholders or members; amending s. 627.411,

28         F.S.; revising the grounds for the disapproval

29         of insurance policy forms; providing that a

30         health insurance policy form may be disapproved

31         if it results in certain rate increases;

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  1         specifying allowable new business rates and

  2         renewal rates if rate increases exceed certain

  3         levels; authorizing the Department of Insurance

  4         to determine medical trend for purposes of

  5         approving rate filings; amending s. 627.6487,

  6         F.S.; revising the types of policies that

  7         individual health insurers must offer to

  8         persons eligible for guaranteed individual

  9         health insurance coverage; prohibiting

10         individual health insurers from applying

11         discriminatory underwriting or rating practices

12         to eligible individuals; amending s. 627.6482,

13         F.S.; amending definitions used in the Florida

14         Comprehensive Health Association Act; amending

15         s. 627.6486, F.S.; revising the criteria for

16         eligibility for coverage from the association;

17         providing for cessation of coverage; requiring

18         all eligible persons to agree to be placed in a

19         case-management system; amending s. 627.6487,

20         F.S.; redefining the term "eligible individual"

21         for purposes of guaranteed availability of

22         individual health insurance coverage; providing

23         that a person is not eligible if the person is

24         eligible for coverage under the Florida

25         Comprehensive Health Association; amending s.

26         627.6488, F.S.; revising the membership of the

27         board of directors of the association; revising

28         the reimbursement of board members and

29         employees; requiring that the plan of the

30         association be submitted to the department for

31         approval on an annual basis; revising the

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  1         duties of the association related to

  2         administrative and accounting procedures;

  3         requiring an annual financial audit; specifying

  4         grievance procedures; establishing a premium

  5         schedule based upon an individual's family

  6         income; deleting requirements for categorizing

  7         insureds as low-risk, medium-risk, and

  8         high-risk; authorizing the association to place

  9         an individual with a case manager who

10         determines the health care system or provider;

11         requiring an annual review of the actuarial

12         soundness of the association and the

13         feasibility of enrolling new members; requiring

14         a separate account for policyholders insured

15         prior to a specified date; requiring

16         appointment of an executive director with

17         specified duties; authorizing the board to

18         restrict the number of participants based on

19         inadequate funding; limiting enrollment;

20         specifying other powers of the board; amending

21         s. 627.649, F.S.; revising the requirements for

22         the association to use in selecting an

23         administrator; amending s. 627.6492, F.S.;

24         requiring insurers to be members of the

25         association and to be subject to assessments

26         for operating expenses; limiting assessments to

27         specified maximum amounts; specifying when

28         assessments are calculated and paid; allowing

29         certain assessments to be charged by the health

30         insurer directly to each insured, member, or

31         subscriber and to not be subject to department

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  1         review or approval; amending s. 627.6498, F.S.;

  2         revising the coverage, benefits, covered

  3         expenses, premiums, and deductibles of the

  4         association; requiring preexisting condition

  5         limitations; providing that the act does not

  6         provide an entitlement to health care services

  7         or health insurance and does not create a cause

  8         of action; limiting enrollment in the

  9         association; repealing s. 627.6484, F.S.,

10         relating to a prohibition on the Florida

11         Comprehensive Health Association from accepting

12         applications for coverage after a certain date;

13         making a legislative finding that the

14         provisions of this act fulfill an important

15         state interest; providing that the amendments

16         to s. 627.6487(3), F.S., do not take effect

17         unless approved by the U.S. Health Care

18         Financing Administration; amending s. 627.6515,

19         F.S.; requiring that coverage issued to a state

20         resident under certain group health insurance

21         policies issued outside the state be subject to

22         the requirements for individual health

23         insurance policies; amending s. 627.6699, F.S.;

24         revising definitions used in the Employee

25         Health Care Access Act; allowing carriers to

26         separate the experience of small employer

27         groups with fewer than two employees; revising

28         the rating factors that may be used by small

29         employer carriers; requiring the Insurance

30         Commissioner to appoint a health benefit plan

31         committee to modify the standard, basic, and

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  1         limited health benefit plans; revising the

  2         disclosure that a carrier must make to a small

  3         employer upon offering certain policies;

  4         prohibiting small employer carriers from using

  5         certain policies, contracts, forms, or rates

  6         unless filed with and approved by the

  7         Department of Insurance pursuant to certain

  8         provisions; restricting application of certain

  9         laws to limited benefit policies under certain

10         circumstances; authorizing offering or

11         delivering limited benefit policies or

12         contracts to certain employers; providing

13         requirements for benefits in limited benefit

14         policies or contracts for small employers;

15         amending s. 627.9408, F.S.; authorizing the

16         department to adopt by rule certain provisions

17         of the Long-Term Care Insurance Model

18         Regulation, as adopted by the National

19         Association of Insurance Commissioners;

20         amending s. 641.31, F.S.; exempting contracts

21         of group health maintenance organizations

22         covering a specified number of persons from the

23         requirements of filing with the department;

24         specifying the standards for department

25         approval and disapproval of a change in rates

26         by a health maintenance organization; providing

27         alternative rate filing requirements for

28         organizations with less than a specified number

29         of subscribers; providing an effective date.

30

31

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  1         WHEREAS, the Legislature recognizes that the increasing

  2  number of uninsured Floridians is due in part to small

  3  employers' and their employees' inability to afford

  4  comprehensive health insurance coverage, and

  5         WHEREAS, the Legislature recognizes the need for small

  6  employers and their employees to have the opportunity to

  7  choose more affordable and flexible health insurance plans,

  8  and

  9         WHEREAS, it is the intent of the Legislature that

10  insurers and health maintenance organizations have maximum

11  flexibility in health plan design or in developing a health

12  plan design to complement a medical savings account program

13  established by a small employer for the benefit of its

14  employees, NOW, THEREFORE,

15

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

17

18         Section 1.  Health flex plans.--

19         (1)  INTENT.--The Legislature finds that a significant

20  portion of state residents are not able to obtain affordable

21  health insurance coverage. Therefore, it is the intent of the

22  Legislature to expand the availability of health care options

23  for lower-income uninsured state residents by encouraging

24  health insurers, health maintenance organizations, health care

25  provider-sponsored organizations, local governments, health

26  care districts, and other public or private community-based

27  organizations to develop alternative approaches to traditional

28  health insurance which emphasize coverage for basic and

29  preventive health care services. To the maximum extent

30  possible, these options should be coordinated with existing

31  governmental or community-based health services programs in a

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  1  manner that is consistent with the objectives and requirements

  2  of such programs.

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

  4         (a)  "Agency" means the Agency for Health Care

  5  Administration.

  6         (b)  "Approved plan" means a health flex plan approved

  7  under subsection (3) which guarantees payment by the health

  8  plan entity for specified health care services provided to the

  9  enrollee.

10         (c)  "Enrollee" means an individual who has been

11  determined eligible for and is receiving health benefits under

12  a health flex plan approved under this section.

13         (d)  "Health care coverage" means payment for health

14  care services covered as benefits under an approved plan or

15  which otherwise provides, either directly or through

16  arrangements with other persons, covered health care services

17  on a prepaid per capita basis or on a prepaid aggregate

18  fixed-sum basis.

19         (e)  "Health plan entity" means a health insurer,

20  health maintenance organization, health care

21  provider-sponsored organization, local government, health care

22  district, or other public or private community-based

23  organization that develops and implements an approved plan and

24  is responsible for financing and paying all claims by

25  enrollees of the plan.

26         (3)  PILOT PROGRAM.--The agency and the Department of

27  Insurance shall jointly approve or disapprove health flex

28  plans that provide health care coverage for eligible

29  participants residing in the three areas of the state having

30  the highest number of uninsured residents as determined by the

31  agency. A plan may limit or exclude benefits otherwise

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  1  required by law for insurers offering coverage in this state,

  2  cap the total amount of claims paid in 1 year per enrollee, or

  3  limit the number of enrollees covered. The agency and the

  4  Department of Insurance shall not approve, or shall withdraw

  5  approval of, plans that:

  6         (a)  Contain any ambiguous, inconsistent, or misleading

  7  provisions or any exceptions or conditions that deceptively

  8  affect or limit the benefits purported to be assumed in the

  9  general coverage provided by the plan;

10         (b)  Provide benefits that are unreasonable in relation

11  to the premium charged, contain provisions that are unfair or

12  inequitable or contrary to the public policy of this state,

13  that encourage misrepresentation, or that result in unfair

14  discrimination in sales practices; or

15         (c)  Cannot demonstrate that the plan is financially

16  sound and that the applicant has the ability to underwrite or

17  finance the benefits provided.

18         (4)  LICENSE NOT REQUIRED.--A health flex plan approved

19  under this section is not subject to the licensing

20  requirements of the Florida Insurance Code or chapter 641,

21  Florida Statutes, relating to health maintenance

22  organizations, unless expressly made applicable. However, for

23  the purposes of prohibiting unfair trade practices, health

24  flex plans shall be considered insurance subject to the

25  applicable provisions of part IX of chapter 626, Florida

26  Statutes, except as otherwise provided in this section.

27         (5)  ELIGIBILITY.--Eligibility to enroll in an approved

28  health flex plan is limited to Florida residents who:

29         (a)  Are 64 years of age or younger;

30         (b)  Have a family income equal to or less than 200

31  percent of the federal poverty level;

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  1         (c)  Are not covered by a private insurance policy and

  2  are not eligible for coverage through a public health

  3  insurance program such as Medicare or Medicaid or another

  4  public health care program, including, but not limited to,

  5  KidCare; and have not been covered at any time during the

  6  preceding 6 months; and

  7         (d)  Have applied for health care benefits through an

  8  approved health flex plan and agree to make any payments

  9  required for participation, including, but not limited to,

10  periodic payments or payments due at the time health care

11  services are provided.

12         (6)  RECORDS.--Every health plan entity shall maintain

13  reasonable records of its loss, expense, and claims experience

14  and shall make such records reasonably available to enable the

15  agency and the Department of Insurance to monitor and

16  determine the financial viability of the plan, as necessary.

17         (7)  NOTICE.--The denial of coverage by the health plan

18  entity, or nonrenewal or cancellation of coverage, must be

19  accompanied by the specific reasons for denial, nonrenewal, or

20  cancellation. Notice of nonrenewal or cancellation shall be

21  provided at least 45 days in advance of such nonrenewal or

22  cancellation, except that 10 days' written notice shall be

23  given for cancellation due to nonpayment of premiums. If the

24  health plan entity fails to give the required notice, the plan

25  shall remain in effect until notice is appropriately given.

26         (8)  NONENTITLEMENT.--Coverage under an approved health

27  flex plan is not an entitlement, and no cause of action shall

28  arise against the state, a local government entity or other

29  political subdivision of this state, or the agency for failure

30  to make coverage available to eligible persons under this

31  section.

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  1         (9)  CIVIL ACTIONS.--In addition to an administrative

  2  action initiated under subsection (4), the agency may seek any

  3  remedy provided by law, including, but not limited to, the

  4  remedies provided in section 812.035, Florida Statutes, if the

  5  agency finds that a health plan entity has engaged in any act

  6  resulting in injury to an enrollee covered by a plan approved

  7  under this section.

  8         Section 2.  Subsection (1) and paragraph (a) of

  9  subsection (6) of section 627.410, Florida Statutes, are

10  amended, and paragraph (f) is added to subsection (7) of that

11  section, to read:

12         627.410  Filing, approval of forms.--

13         (1)  No basic insurance policy or annuity contract

14  form, or application form where written application is

15  required and is to be made a part of the policy or contract,

16  or group certificates issued under a master contract delivered

17  in this state, or printed rider or endorsement form or form of

18  renewal certificate, shall be delivered or issued for delivery

19  in this state, unless the form has been filed with the

20  department at its offices in Tallahassee by or in behalf of

21  the insurer which proposes to use such form and has been

22  approved by the department. This provision does not apply to

23  surety bonds or to policies, riders, endorsements, or forms of

24  unique character which are designed for and used with relation

25  to insurance upon a particular subject (other than as to

26  health insurance), or which relate to the manner of

27  distribution of benefits or to the reservation of rights and

28  benefits under life or health insurance policies and are used

29  at the request of the individual policyholder, contract

30  holder, or certificateholder.  As to group insurance policies

31  effectuated and delivered outside this state but covering

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  1  persons resident in this state, the group certificates to be

  2  delivered or issued for delivery in this state shall be filed

  3  with the department for information purposes only, except that

  4  group certificates for health insurance coverage, as described

  5  in s. 627.6561(5)(a)2., which require individual underwriting

  6  to determine coverage eligibility for an individual or premium

  7  rates to be charged to an individual, shall be considered

  8  policies issued on an individual basis and are subject to and

  9  must comply with the Florida Insurance Code in the same manner

10  as individual health insurance policies issued in this state.

11         (6)(a)  An insurer shall not deliver or issue for

12  delivery or renew in this state any health insurance policy

13  form until it has filed with the department a copy of every

14  applicable rating manual, rating schedule, change in rating

15  manual, and change in rating schedule; if rating manuals and

16  rating schedules are not applicable, the insurer must file

17  with the department applicable premium rates and any change in

18  applicable premium rates. This paragraph does not apply to

19  group health insurance policies insuring groups of 51 or more

20  persons, effectuated and delivered in this state, except for

21  Medicare supplement insurance, long-term care insurance, and

22  any coverage under which the increase in claim costs over the

23  lifetime of the contract due to advancing age or duration is

24  prefunded in the premium.

25         (7)

26         (f)  Insurers with fewer than 1,000 nationwide

27  policyholders or insured group members or subscribers covered

28  under any form or pooled group of forms with health insurance

29  coverage, as described in s. 627.6561(5)(a)2., excluding

30  Medicare supplement insurance coverage under part VIII, at the

31  time of a rate filing made pursuant to subparagraph (b)1., may

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  1  file for an annual rate increase limited to medical trend as

  2  adopted by the department pursuant to s. 627.411(4). The

  3  filing is in lieu of the actuarial memorandum required for a

  4  rate filing prescribed by paragraph (6)(b). The filing must

  5  include forms adopted by the department and a certification by

  6  an officer of the company that the filing includes all similar

  7  forms.

  8         Section 3.  Section 627.411, Florida Statutes, is

  9  amended to read:

10         627.411  Grounds for disapproval.--

11         (1)  The department shall disapprove any form filed

12  under s. 627.410, or withdraw any previous approval thereof,

13  only if the form:

14         (a)  Is in any respect in violation of, or does not

15  comply with, this code.

16         (b)  Contains or incorporates by reference, where such

17  incorporation is otherwise permissible, any inconsistent,

18  ambiguous, or misleading clauses, or exceptions and conditions

19  which deceptively affect the risk purported to be assumed in

20  the general coverage of the contract.

21         (c)  Has any title, heading, or other indication of its

22  provisions which is misleading.

23         (d)  Is printed or otherwise reproduced in such manner

24  as to render any material provision of the form substantially

25  illegible.

26         (e)  Is for health insurance, and:

27         1.  Provides benefits that which are unreasonable in

28  relation to the premium charged;,

29         2.  Contains provisions that which are unfair or

30  inequitable or contrary to the public policy of this state or

31  that which encourage misrepresentation;, or

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  1         3.  Contains provisions that which apply rating

  2  practices that which result in premium escalations that are

  3  not viable for the policyholder market or result in unfair

  4  discrimination pursuant to s. 626.9541(1)(g)2.; in sales

  5  practices.

  6         4.  Results in actuarially justified rate increases on

  7  an annual basis:

  8         a.  Attributed to the insurer reducing the portion of

  9  the premium used to pay claims from the loss ratio standard

10  certified in the last actuarial certification filed by the

11  insurer, in excess of the greater of 50 percent of annual

12  medical trend or 5 percent. At its option, the insurer may

13  file for approval of an actuarially justified new business

14  rate schedule for new insureds and a rate increase for

15  existing insureds that is equal to the greater of 150 percent

16  of annual medical trend or 10 percent. Future annual rate

17  increases for existing insureds shall be limited to the

18  greater of 150 percent of the rate increase approved for new

19  insureds or 10 percent until the two rate schedules converge;

20         b.  In excess of the greater of 150 percent of annual

21  medical trend or 10 percent and the company did not comply

22  with the annual filing requirements of s. 627.410(7) or

23  department rule for health maintenance organizations pursuant

24  to s. 641.31. At its option the insurer may file for approval

25  of an actuarially justified new business rate schedule for new

26  insureds and a rate increase for existing insureds that is

27  equal to the rate increase allowed by the preceding sentence.

28  Future annual rate increases for existing insureds shall be

29  limited to the greater of 150 percent of the rate increase

30  approved for new insureds or 10 percent until the two rate

31  schedules converge; or

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  1         c.  In excess of the greater of 150 percent of annual

  2  medical trend or 10 percent on a form or block of pooled forms

  3  in which no form is currently available for sale. This

  4  sub-subparagraph does not apply to pre-standardized Medicare

  5  supplement forms.

  6         (f)  Excludes coverage for human immunodeficiency virus

  7  infection or acquired immune deficiency syndrome or contains

  8  limitations in the benefits payable, or in the terms or

  9  conditions of such contract, for human immunodeficiency virus

10  infection or acquired immune deficiency syndrome which are

11  different than those which apply to any other sickness or

12  medical condition.

13         (2)  In determining whether the benefits are reasonable

14  in relation to the premium charged, the department, in

15  accordance with reasonable actuarial techniques, shall

16  consider:

17         (a)  Past loss experience and prospective loss

18  experience within and without this state.

19         (b)  Allocation of expenses.

20         (c)  Risk and contingency margins, along with

21  justification of such margins.

22         (d)  Acquisition costs.

23         (3)  If a health insurance rate filing changes the

24  established rate relationships between insureds, the aggregate

25  effect of such change shall be revenue-neutral. The change to

26  the new relationship shall be phased-in over a period not to

27  exceed 3 years as approved by the department. The rate filing

28  may also include increases based on overall experience or

29  annual medical trend, or both, which portions shall not be

30  phased-in pursuant to this paragraph.

31

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  1         (4)  In determining medical trend for application of

  2  subparagraph (1)(e)4., the department shall semiannually

  3  determine medical trend for each health care market, using

  4  reasonable actuarial techniques and standards. The trend must

  5  be adopted by the department by rule and determined as

  6  follows:

  7         (a)  Trend must be determined separately for medical

  8  expense; preferred provider organization; Medicare supplement;

  9  health maintenance organization; and other coverage for

10  individual, small group, and large group, where applicable.

11         (b)  The department shall survey insurers and health

12  maintenance organizations currently issuing products and

13  representing at least an 80-percent market share based on

14  premiums earned in the state for the most recent calendar year

15  for each of the categories specified in paragraph (a).

16         (c)  Trend must be computed as the average annual

17  medical trend approved for the carriers surveyed, giving

18  appropriate weight to each carrier's statewide market share of

19  earned premiums.

20         (d)  The annual trend is the annual change in claims

21  cost per unit of exposure. Trend includes the combined effect

22  of medical provider price changes, changes in utilization, new

23  medical procedures, and technology and cost shifting.

24         Section 4.  Subsections (4) and (8) of section

25  627.6487, Florida Statutes, are amended to read:

26         627.6487  Guaranteed availability of individual health

27  insurance coverage to eligible individuals.--

28         (4)(a)  The health insurance issuer may elect to limit

29  the coverage offered under subsection (1) if the issuer offers

30  at least two different policy forms of health insurance

31  coverage, both of which:

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  1         1.  Are designed for, made generally available to,

  2  actively marketed to, and enroll both eligible and other

  3  individuals by the issuer; and

  4         2.  Meet the requirement of paragraph (b).

  5

  6  For purposes of this subsection, policy forms that have

  7  different cost-sharing arrangements or different riders are

  8  considered to be different policy forms.

  9         (b)  The requirement of this subsection is met for

10  health insurance coverage policy forms offered by an issuer in

11  the individual market if the issuer offers the basic and

12  standard health benefit plans as established pursuant to s.

13  627.6699(12) or policy forms for individual health insurance

14  coverage with the largest, and next to largest, premium volume

15  of all such policy forms offered by the issuer in this state

16  or applicable marketing or service area, as prescribed in

17  rules adopted by the department, in the individual market in

18  the period involved. To the greatest extent possible, such

19  rules must be consistent with regulations adopted by the

20  United States Department of Health and Human Services.

21         (8)  This section does not:

22         (a)  Restrict the issuer from applying the same

23  nondiscriminatory underwriting and rating practices that are

24  applied by the issuer to other individuals applying for

25  coverage amount of the premium rates that an issuer may charge

26  an individual for individual health insurance coverage; or

27         (b)  Prevent a health insurance issuer that offers

28  individual health insurance coverage from establishing premium

29  discounts or rebates or modifying otherwise applicable

30  copayments or deductibles in return for adherence to programs

31  of health promotion and disease prevention.

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  1         Section 5.  Subsection (12) of section 627.6482,

  2  Florida Statutes, is amended, and subsections (15) and (16)

  3  are added to that section, to read:

  4         627.6482  Definitions.--As used in ss.

  5  627.648-627.6498, the term:

  6         (12)  "Premium" means the entire cost of an insurance

  7  plan, including the administrative fee, the risk assumption

  8  charge, and, in the instance of a minimum premium plan or

  9  stop-loss coverage, the incurred claims whether or not such

10  claims are paid directly by the insurer.  "Premium" shall not

11  include a health maintenance organization's annual earned

12  premium revenue for Medicare and Medicaid contracts for any

13  assessment due for calendar years 1990 and 1991.  For

14  assessments due for calendar year 1992 and subsequent years, A

15  health maintenance organization's annual earned premium

16  revenue for Medicare and Medicaid contracts is subject to

17  assessments unless the department determines that the health

18  maintenance organization has made a reasonable effort to amend

19  its Medicare or Medicaid government contract for 1992 and

20  subsequent years to provide reimbursement for any assessment

21  on Medicare or Medicaid premiums paid by the health

22  maintenance organization and the contract does not provide for

23  such reimbursement.

24         (15)  "Federal poverty level" means the most current

25  federal poverty guidelines, as established by the federal

26  Department of Health and Human Services and published in the

27  Federal Register, and in effect on the date of the policy and

28  its annual renewal.

29         (16)  "Family income" means the adjusted gross income,

30  as defined in s. 62 of the United States Internal Revenue

31  Code, of all members of a household.

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  1         Section 6.  Section 627.6486, Florida Statutes, is

  2  amended to read:

  3         627.6486  Eligibility.--

  4         (1)  Except as provided in subsection (2), any person

  5  who is a resident of this state and has been a resident of

  6  this state for the previous 6 months is shall be eligible for

  7  coverage under the plan, including:

  8         (a)  The insured's spouse.

  9         (b)  Any dependent unmarried child of the insured, from

10  the moment of birth.  Subject to the provisions of ss. s.

11  627.6041 and 627.6562, such coverage shall terminate at the

12  end of the premium period in which the child marries, ceases

13  to be a dependent of the insured, or attains the age of 19,

14  whichever occurs first. However, if the child is a full-time

15  student at an accredited institution of higher learning, the

16  coverage may continue while the child remains unmarried and a

17  full-time student, but not beyond the premium period in which

18  the child reaches age 23.

19         (c)  The former spouse of the insured whose coverage

20  would otherwise terminate because of annulment or dissolution

21  of marriage, if the former spouse is dependent upon the

22  insured for financial support. The former spouse shall have

23  continued coverage and shall not be subject to waiting periods

24  because of the change in policyholder status.

25         (2)(a)  The board or administrator shall require

26  verification of residency for the preceding 6 months and shall

27  require any additional information or documentation, or

28  statements under oath, when necessary to determine residency

29  upon initial application and for the entire term of the

30  policy. A person may demonstrate his or her residency by

31  maintaining his or her residence in this state for the

                                  18

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  1  preceding 6 months, purchasing a home that has been occupied

  2  by him or her as his or her primary residence for the previous

  3  6 months, or having established a domicile in this state

  4  pursuant to s. 222.17 for the preceding 6 months.

  5         (b)  No person who is currently eligible for health

  6  care benefits under Florida's Medicaid program is eligible for

  7  coverage under the plan unless:

  8         1.  He or she has an illness or disease which requires

  9  supplies or medication which are covered by the association

10  but are not included in the benefits provided under Florida's

11  Medicaid program in any form or manner; and

12         2.  He or she is not receiving health care benefits or

13  coverage under Florida's Medicaid program.

14         (c)  No person who is covered under the plan and

15  terminates the coverage is again eligible for coverage.

16         (d)  No person on whose behalf the plan has paid out

17  the lifetime maximum benefit currently being offered by the

18  association of $500,000 in covered benefits is eligible for

19  coverage under the plan.

20         (e)  The coverage of any person who ceases to meet the

21  eligibility requirements of this section may be terminated

22  immediately.  If such person again becomes eligible for

23  subsequent coverage under the plan, any previous claims

24  payments shall be applied towards the $500,000 lifetime

25  maximum benefit and any limitation relating to preexisting

26  conditions in effect at the time such person again becomes

27  eligible shall apply to such person. However, no such person

28  may again become eligible for coverage after June 30, 1991.

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

30  unless such person has been rejected by two insurers for

31  coverage substantially similar to the plan coverage and no

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  1  insurer has been found through the market assistance plan

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

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

  4  an offer of coverage with a material underwriting restriction

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

  6  plan rate.

  7         (g)  No person is eligible for coverage under the plan

  8  if such person has, or is eligible for, on the date of issue

  9  of coverage under the plan, substantially similar coverage

10  under another contract or policy, unless such coverage is

11  provided pursuant to the Consolidated Omnibus Budget

12  Reconciliation Act of 1985, Pub. L. No. 99-272, 100 Stat. 82

13  (1986) (COBRA), as amended, or such coverage is provided

14  pursuant to s. 627.6692 and such coverage is scheduled to end

15  at a time certain and the person meets all other requirements

16  of eligibility. Coverage provided by the association shall be

17  secondary to any coverage provided by an insurer pursuant to

18  COBRA or pursuant to s. 627.6692.

19         (h)  A person is ineligible for coverage under the plan

20  if such person is currently eligible for health care benefits

21  under the Medicare program, except for a person who is insured

22  by the Florida Comprehensive Health Association and enrolled

23  under Medicare on July 1, 2001. All eligible persons who are

24  classified as high-risk individuals pursuant to s.

25  627.6498(4)(a)4. shall, upon application or renewal, agree to

26  be placed in a case management system when it is determined by

27  the board and the plan case manager that such system will be

28  cost-effective and provide quality care to the individual.

29         (i)  A person is ineligible for coverage under the plan

30  if such person's premiums are paid for or reimbursed under any

31

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  1  government-sponsored program or by any government agency or

  2  health care provider.

  3         (j)  An eligible individual, as defined in s. 627.6487,

  4  and his or her dependents, as described in subsection (1), are

  5  automatically eligible for coverage in the association unless

  6  the association has ceased accepting new enrollees under s.

  7  627.6488. If the association has ceased accepting new

  8  enrollees, the eligible individual is subject to the coverage

  9  rights set forth in s. 627.6487.

10         (3)  A person's coverage ceases:

11         (a)  On the date a person is no longer a resident of

12  this state;

13         (b)  On the date a person requests coverage to end;

14         (c)  Upon the date of death of the covered person;

15         (d)  On the date state law requires cancellation of the

16  policy; or

17         (e)  Sixty days after the person receives notice from

18  the association making any inquiry concerning the person's

19  eligibility or place or residence to which the person does not

20  reply.

21         (4)  All eligible persons must, upon application or

22  renewal, agree to be placed in a case-management system when

23  the association and case manager find that such system will be

24  cost-effective and provide quality care to the individual.

25         (5)  Except for persons who are insured by the

26  association on December 31, 2001, and who renew such coverage,

27  persons may apply for coverage beginning January 1, 2002, and

28  coverage for such persons shall begin on or after April 1,

29  2002, as determined by the board pursuant to s.

30  627.6488(4)(n).

31

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  1         Section 7.  Subsection (3) of section 627.6487, Florida

  2  Statutes, is amended to read:

  3         627.6487  Guaranteed availability of individual health

  4  insurance coverage to eligible individuals.--

  5         (3)  For the purposes of this section, the term

  6  "eligible individual" means an individual:

  7         (a)1.  For whom, as of the date on which the individual

  8  seeks coverage under this section, the aggregate of the

  9  periods of creditable coverage, as defined in s. 627.6561(5)

10  and (6), is 18 or more months; and

11         2.a.  Whose most recent prior creditable coverage was

12  under a group health plan, governmental plan, or church plan,

13  or health insurance coverage offered in connection with any

14  such plan; or

15         b.  Whose most recent prior creditable coverage was

16  under an individual plan issued in this state by a health

17  insurer or health maintenance organization, which coverage is

18  terminated due to the insurer or health maintenance

19  organization becoming insolvent or discontinuing the offering

20  of all individual coverage in the State of Florida, or due to

21  the insured no longer living in the service area in the State

22  of Florida of the insurer or health maintenance organization

23  that provides coverage through a network plan in the State of

24  Florida;

25         (b)  Who is not eligible for coverage under:

26         1.  A group health plan, as defined in s. 2791 of the

27  Public Health Service Act;

28         2.  A conversion policy or contract issued by an

29  authorized insurer or health maintenance organization under s.

30  627.6675 or s. 641.3921, respectively, offered to an

31

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  1  individual who is no longer eligible for coverage under either

  2  an insured or self-insured employer plan;

  3         3.  Part A or part B of Title XVIII of the Social

  4  Security Act; or

  5         4.  A state plan under Title XIX of such act, or any

  6  successor program, and does not have other health insurance

  7  coverage; or

  8         5.  The Florida Comprehensive Health Association, if

  9  the association is accepting and issuing coverage to new

10  enrollees, provided that the 63-day period specified in s.

11  627.6561(6) shall be tolled from the time the association

12  receives an application from an individual until the

13  association notifies the individual that it is not accepting

14  and issuing coverage to that individual;

15         (c)  With respect to whom the most recent coverage

16  within the coverage period described in paragraph (a) was not

17  terminated based on a factor described in s. 627.6571(2)(a) or

18  (b), relating to nonpayment of premiums or fraud, unless such

19  nonpayment of premiums or fraud was due to acts of an employer

20  or person other than the individual;

21         (d)  Who, having been offered the option of

22  continuation coverage under a COBRA continuation provision or

23  under s. 627.6692, elected such coverage; and

24         (e)  Who, if the individual elected such continuation

25  provision, has exhausted such continuation coverage under such

26  provision or program.

27         Section 8.  Section 627.6488, Florida Statutes, is

28  amended to read:

29         627.6488  Florida Comprehensive Health Association.--

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

31  known as the "Florida Comprehensive Health Association."  All

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  1  insurers, as a condition of doing business, shall be members

  2  of the association.

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

  4  supervision and approval of a five-member three-member board

  5  of directors consisting of the Insurance Commissioner, or his

  6  or her designee, who shall serve as chairperson of the board,

  7  and four additional members who must be state residents. At

  8  least one member must be a representative of an authorized

  9  health insurer or health maintenance organization authorized

10  to transact business in this state. The board of directors

11  shall be appointed by the Insurance Commissioner as follows:

12         1.  The chair of the board shall be the Insurance

13  Commissioner or his or her designee.

14         2.  One representative of policyholders who is not

15  associated with the medical profession, a hospital, or an

16  insurer.

17         3.  One representative of insurers.

18

19  The administrator or his or her affiliate shall not be a

20  member of the board. Any board member appointed by the

21  commissioner may be removed and replaced by him or her at any

22  time without cause.

23         (b)  All board members, including the chair, shall be

24  appointed to serve for staggered 3-year terms beginning on a

25  date as established in the plan of operation.

26         (c)  The board of directors may shall have the power to

27  employ or retain such persons as are necessary to perform the

28  administrative and financial transactions and responsibilities

29  of the association and to perform other necessary and proper

30  functions not prohibited by law. Employees of the association

31  shall be reimbursed as provided in s. 112.061 from moneys of

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  1  the association for expenses incurred in carrying out their

  2  responsibilities under this act.

  3         (d)  Board members may be reimbursed as provided in s.

  4  112.061 from moneys of the association for actual and

  5  necessary expenses incurred by them as members in carrying out

  6  their responsibilities under the Florida Comprehensive Health

  7  Association Act, but may not otherwise be compensated for

  8  their services.

  9         (e)  There shall be no liability on the part of, and no

10  cause of action of any nature shall arise against, any member

11  insurer, or its agents or employees, agents or employees of

12  the association, members of the board of directors of the

13  association, or the departmental representatives for any act

14  or omission taken by them in the performance of their powers

15  and duties under this act, unless such act or omission by such

16  person is in intentional disregard of the rights of the

17  claimant.

18         (f)  Meetings of the board are subject to s. 286.011.

19         (3)  The association shall adopt a plan pursuant to

20  this act and submit its articles, bylaws, and operating rules

21  to the department for approval.  If the association fails to

22  adopt such plan and suitable articles, bylaws, and operating

23  rules within 180 days after the appointment of the board, the

24  department shall adopt rules to effectuate the provisions of

25  this act; and such rules shall remain in effect until

26  superseded by a plan and articles, bylaws, and operating rules

27  submitted by the association and approved by the department.

28  Such plan shall be reviewed, revised as necessary, and

29  annually submitted to the department for approval.

30         (4)  The association shall:

31

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  1         (a)  Establish administrative and accounting procedures

  2  and internal controls for the operation of the association and

  3  provide for an annual financial audit of the association by an

  4  independent certified public accountant licensed pursuant to

  5  chapter 473.

  6         (b)  Establish procedures under which applicants and

  7  participants in the plan may have grievances reviewed by an

  8  impartial body and reported to the board. Individuals

  9  receiving care through the association under contract from a

10  health maintenance organization must follow the grievance

11  procedures established in ss. 408.7056 and 641.31(5).

12         (c)  Select an administrator in accordance with s.

13  627.649.

14         (d)  Collect assessments from all insurers to provide

15  for operating losses incurred or estimated to be incurred

16  during the period for which the assessment is made.  The level

17  of payments shall be established by the board, as formulated

18  in s. 627.6492(1). Annual assessment of the insurers for each

19  calendar year shall occur as soon thereafter as the operating

20  results of the plan for the calendar year and the earned

21  premiums of insurers being assessed for that year are known.

22  Annual assessments are due and payable within 30 days of

23  receipt of the assessment notice by the insurer.

24         (e)  Require that all policy forms issued by the

25  association conform to standard forms developed by the

26  association. The forms shall be approved by the department.

27         (f)  Develop and implement a program to publicize the

28  existence of the plan, the eligibility requirements for the

29  plan, and the procedures for enrollment in the plan and to

30  maintain public awareness of the plan.

31

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  1         (g)  Design and employ cost containment measures and

  2  requirements which may include preadmission certification,

  3  home health care, hospice care, negotiated purchase of medical

  4  and pharmaceutical supplies, and individual case management.

  5         (h)  Contract with preferred provider organizations and

  6  health maintenance organizations giving due consideration to

  7  the preferred provider organizations and health maintenance

  8  organizations which have contracted with the state group

  9  health insurance program pursuant to s. 110.123.  If

10  cost-effective and available in the county where the

11  policyholder resides, the board, upon application or renewal

12  of a policy, shall place a high-risk individual, as

13  established under s. 627.6498(4)(a)4., with the plan case

14  manager who shall determine the most cost-effective quality

15  care system or health care provider and shall place the

16  individual in such system or with such health care provider.

17  If cost-effective and available in the county where the

18  policyholder resides, the board, with the consent of the

19  policyholder, may place a low-risk or medium-risk individual,

20  as established under s. 627.6498(4)(a)4., with the plan case

21  manager who may determine the most cost-effective quality care

22  system or health care provider and shall place the individual

23  in such system or with such health care provider. Prior to and

24  during the implementation of case management, the plan case

25  manager shall obtain input from the policyholder, parent, or

26  guardian.

27         (h)(i)  Make a report to the Governor, the President of

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

29  the Minority Leaders of the Senate and the House of

30  Representatives not later than March 1 October 1 of each year.

31  The report shall summarize the activities of the plan for the

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  1  prior fiscal 12-month period ending July 1 of that year,

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

  3  and earned premiums, the expense of administration, and the

  4  paid and incurred losses for the year.  The report shall also

  5  include analysis and recommendations for legislative changes

  6  regarding utilization review, quality assurance, an evaluation

  7  of the administrator of the plan, access to cost-effective

  8  health care, and cost containment/case management policy and

  9  recommendations concerning the opening of enrollment to new

10  entrants as of July 1, 1992.

11         (i)(j)  Make a report to the Governor, the Insurance

12  Commissioner, the President of the Senate, the Speaker of the

13  House of Representatives, and the Minority Leaders of the

14  Senate and House of Representatives, not later than 45 days

15  after the close of each calendar quarter, which includes, for

16  the prior quarter, current data and estimates of net written

17  and earned premiums, the expenses of administration, and the

18  paid and incurred losses.  The report shall identify any

19  statutorily mandated program that has not been fully

20  implemented by the board.

21         (j)(k)  To facilitate preparation of assessments and

22  for other purposes, the board shall engage an independent

23  certified public account licensed pursuant to chapter 473 to

24  conduct an annual financial audit of the association direct

25  preparation of annual audited financial statements for each

26  calendar year as soon as feasible following the conclusion of

27  that calendar year, and shall, within 30 days after the

28  issuance rendition of such statements, file with the

29  department the annual report containing such information as

30  required by the department to be filed on March 1 of each

31  year.

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  1         (k)(l)  Employ a plan case manager or managers to

  2  supervise and manage the medical care or coordinate the

  3  supervision and management of the medical care, with the

  4  administrator, of specified individuals.  The plan case

  5  manager, with the approval of the board, shall have final

  6  approval over the case management for any specific individual.

  7  If cost-effective and available in the county where the

  8  policyholder resides, the association, upon application or

  9  renewal of a policy, may place an individual with the plan

10  case manager, who shall determine the most cost-effective

11  quality care system or health care provider and shall place

12  the individual in such system or with such health care

13  provider. Prior to and during the implementation of case

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

15  policyholder, parent or guardian, and the health care

16  providers.

17         (l)  Administer the association in a fiscally

18  responsible manner that ensures that its expenditures are

19  reasonable in relation to the services provided and that the

20  financial resources of the association are adequate to meet

21  its obligations.

22         (m)  At least annually, but no more than quarterly,

23  evaluate or cause to be evaluated the actuarial soundness of

24  the association. The association shall contract with an

25  actuary to evaluate the pool of insureds in the association

26  and monitor the financial condition of the association. The

27  actuary shall determine the feasibility of enrolling new

28  members in the association, which must be based on the

29  projected revenues and expenses of the association.

30         (n)  Restrict at any time the number of participants in

31  the association based on a determination by the board that the

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  1  revenues will be inadequate to fund new participants. However,

  2  any person denied participation solely on the basis of such

  3  restriction must be granted priority for participation in the

  4  succeeding period in which the association is reopened for

  5  participants. Effective April 1, 2002, the association may

  6  provide coverage for up to 500 persons for the period ending

  7  December 31, 2002. On or after January 1, 2003, the

  8  association may enroll an additional 1,500 persons. At no time

  9  may the association provide coverage for more than 2,000

10  persons. Except as provided in s. 627.6486(2)(j), applications

11  for enrollment must be processed on a first-in, first-out

12  basis.

13         (o)  Establish procedures to maintain separate accounts

14  and recordkeeping for policyholders prior to January 1, 2002,

15  and policyholders issued coverage on and after January 1,

16  2002.

17         (p)  Appoint an executive director to serve as the

18  chief administrative and operational officer of the

19  association and operate within the specifications of the plan

20  of operation and perform other duties assigned to him or her

21  by the board.

22         (5)  The association may:

23         (a)  Exercise powers granted to insurers under the laws

24  of this state.

25         (b)  Sue or be sued.

26         (c)  In addition to imposing annual assessments under

27  paragraph (4)(d), levy interim assessments against insurers to

28  ensure the financial ability of the plan to cover claims

29  expenses and administrative expenses paid or estimated to be

30  paid in the operation of the plan for a calendar year prior to

31  the association's anticipated receipt of annual assessments

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  1  for that calendar year.  Any interim assessment shall be due

  2  and payable within 30 days after of receipt by an insurer of

  3  an interim assessment notice.  Interim assessment payments

  4  shall be credited against the insurer's annual assessment.

  5  Such assessments may be levied only for costs and expenses

  6  associated with policyholders insured with the association

  7  prior to January 1, 2002.

  8         (d)  Prepare or contract for a performance audit of the

  9  administrator of the association.

10         (e)  Appear in its own behalf before boards,

11  commissions, or other governmental agencies.

12         (f)  Solicit and accept gifts, grants, loans, and other

13  aid from any source or participate in any way in any

14  government program to carry out the purposes of the Florida

15  Comprehensive Health Association Act.

16         (g)  Require and collect administrative fees and

17  charges in connection with any transaction and impose

18  reasonable penalties, including default, for delinquent

19  payments or for entering into the association on a fraudulent

20  basis.

21         (h)  Procure insurance against any loss in connection

22  with the property, assets, and activities of the association

23  or the board.

24         (i)  Contract for necessary goods and services; employ

25  necessary personnel; and engage the services of private

26  consultants, actuaries, managers, legal counsel, and

27  independent certified public accountants for administrative or

28  technical assistance.

29         (6)  The department shall examine and investigate the

30  association in the manner provided in part II of chapter 624.

31

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  1         Section 9.  Paragraph (b) of subsection (3) of section

  2  627.649, Florida Statutes, is amended to read:

  3         627.649  Administrator.--

  4         (3)  The administrator shall:

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

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

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

  8  or marketing of plans shall not be limited to the

  9  administrator or its agents. Any agent must be licensed by the

10  department to sell health insurance in this state. The

11  referral fees shall be paid by the administrator from moneys

12  received as premiums for the plan.

13         Section 10.  Section 627.6492, Florida Statutes, is

14  amended to read:

15         627.6492  Participation of insurers.--

16         (1)(a)  As a condition of doing business in this state

17  an insurer shall pay an assessment to the board, in the amount

18  prescribed by this section. Subsections (1), (2), and (3)

19  apply only to the costs and expenses associated with

20  policyholders insured with the association prior to January 1,

21  2002, including renewal of coverage for such policyholders

22  after that date.  For operating losses incurred in any

23  calendar year on July 1, 1991, and thereafter, each insurer

24  shall annually be assessed by the board in the following

25  calendar year a portion of such incurred operating losses of

26  the plan; such portion shall be determined by multiplying such

27  operating losses by a fraction, the numerator of which equals

28  the insurer's earned premium pertaining to direct writings of

29  health insurance in the state during the calendar year

30  preceding that for which the assessment is levied, and the

31  denominator of which equals the total of all such premiums

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  1  earned by participating insurers in the state during such

  2  calendar year.

  3         (b)  For operating losses incurred from July 1, 1991,

  4  through December 31, 1991, the total of all assessments upon a

  5  participating insurer shall not exceed .375 percent of such

  6  insurer's health insurance premiums earned in this state

  7  during 1990. For operating losses incurred in 1992 and

  8  thereafter, The total of all assessments upon a participating

  9  insurer shall not exceed 1 percent of such insurer's health

10  insurance premium earned in this state during the calendar

11  year preceding the year for which the assessments were levied.

12         (c)  For operating losses incurred from October 1,

13  1990, through June 30, 1991, the board shall assess each

14  insurer in the amount and manner prescribed by chapter 90-334,

15  Laws of Florida. The maximum assessment against an insurer, as

16  provided in such act, shall apply separately to the claims

17  incurred in 1990 (October 1 through December 31) and the

18  claims incurred in 1991 (January 1 through June 30).  For

19  operating losses incurred on January 1, 1991, through June 30,

20  1991, the maximum assessment against an insurer shall be

21  one-half of the amount of the maximum assessment specified for

22  such insurer in former s. 627.6492(1)(b), 1990 Supplement, as

23  amended by chapter 90-334, Laws of Florida.

24         (c)(d)  All rights, title, and interest in the

25  assessment funds collected shall vest in this state.  However,

26  all of such funds and interest earned shall be used by the

27  association to pay claims and administrative expenses.

28         (2)  If assessments and other receipts by the

29  association, board, or administrator exceed the actual losses

30  and administrative expenses of the plan, the excess shall be

31  held at interest and used by the board to offset future

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  1  losses.  As used in this subsection, the term "future losses"

  2  includes reserves for claims incurred but not reported.

  3         (3)  Each insurer's assessment shall be determined

  4  annually by the association based on annual statements and

  5  other reports deemed necessary by the association and filed

  6  with it by the insurer.  Any deficit incurred under the plan

  7  shall be recouped by assessments against participating

  8  insurers by the board in the manner provided in subsection

  9  (1); and the insurers may recover the assessment in the normal

10  course of their respective businesses without time limitation.

11         (4)(a)  This subsection applies only to those costs and

12  expenses of the association related to persons whose coverage

13  begins after January 1, 2002. As a condition of doing business

14  in this state, every insurer shall pay an amount determined by

15  the board of up to 25 cents per month for each individual

16  policy or covered group subscriber insured in this state, not

17  including covered dependents, under a health insurance policy,

18  certificate, or other evidence of coverage that is issued for

19  a resident of this state and shall file the information with

20  the association as required pursuant to paragraph (d). Any

21  insurer who neglects, fails, or refuses to collect the fee

22  shall be liable for and pay the fee. The fee shall not be

23  subject to the provisions of s. 624.509.

24         (b)  For purposes of this subsection, health insurance

25  does not include accident only, specified disease, individual

26  hospital indemnity, credit, dental-only, vision-only, Medicare

27  supplement, long-term care, nursing home care, home health

28  care, community-based care, or disability income insurance;

29  similar supplemental plans provided under a separate policy,

30  certificate, or contract of insurance, which cannot duplicate

31  coverage under an underlying health plan and are specifically

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  1  designed to fill gaps in the underlying health plan,

  2  coinsurance, or deductibles; any policy covering

  3  medical-payment coverage or personal injury protection

  4  coverage in a motor vehicle policy; coverage issued as a

  5  supplement to liability insurance; or workers' compensation

  6  insurance. For the purposes of this subsection, the term

  7  "insurer" as defined in s. 627.6482(7) also includes

  8  administrators licensed pursuant to s. 626.8805, and any

  9  insurer defined in s. 627.6482(7) from whom any person

10  providing health insurance to Florida residents procures

11  insurance for itself in the insurer, with respect to all or

12  part of the health insurance risk of the person, or provides

13  administrative services only. This definition of insurer

14  excludes self-insured, employee welfare benefit plans that are

15  not regulated by the Florida Insurance Code pursuant to the

16  Employee Retirement Income Security Act of 1974, Pub. L. No.

17  93-406, as amended. However, this definition of insurer

18  includes multiple employer welfare arrangements as provided

19  for in the Employee Retirement Income Security Act of 1974,

20  Pub. L. No. 93-406, as amended. Each covered group subscriber,

21  without regard to covered dependents of the subscriber, shall

22  be counted only once with respect to any assessment. For that

23  purpose, the board shall allow an insurer as defined by this

24  subsection to exclude from its number of covered group

25  subscribers those who have been counted by any primary insurer

26  providing health insurance coverage pursuant to s. 624.603.

27         (c)  The calculation shall be determined as of December

28  31 of each year and shall include all policies and covered

29  subscribers, not including covered dependents of the

30  subscribers, insured at any time during the year, calculated

31  for each month of coverage. The payment is payable to the

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  1  association no later than April 1 of the subsequent year. The

  2  first payment shall be forwarded to the association no later

  3  than April 1, 2002, covering the period of October 1, 2001,

  4  through December 31, 2001.

  5         (d)  The payment of such funds shall be submitted to

  6  the association accompanied by a form prescribed by the

  7  association and adopted in the plan of operation. The form

  8  shall identify the number of covered lives for different types

  9  of health insurance products and the number of months of

10  coverage.

11         (e)  Beginning October 1, 2001, the fee paid to the

12  association may be charged by the health insurer directly to

13  each policyholder, insured member, or subscriber and is not

14  part of the premium subject to the department's review and

15  approval. Nonpayment of the fee shall be considered nonpayment

16  of premium for purposes of s. 627.6043.

17         Section 11.  Section 627.6498, Florida Statutes, is

18  amended to read:

19         627.6498  Minimum benefits coverage; exclusions;

20  premiums; deductibles.--

21         (1)  COVERAGE OFFERED.--

22         (a)  The plan shall offer in an annually a semiannually

23  renewable policy the coverage specified in this section for

24  each eligible person. For applications accepted on or after

25  June 7, 1991, but before July 1, 1991, coverage shall be

26  effective on July 1, 1991, and shall be renewable on January

27  1, 1992, and every 6 months thereafter.  Policies in existence

28  on June 7, 1991, shall, upon renewal, be for a term of less

29  than 6 months that terminates and becomes subject to

30  subsequent renewal on the next succeeding January 1 or July 1,

31  whichever is sooner.

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

  2  Medicare coverage, the plan shall not pay or reimburse any

  3  person for expenses paid by Medicare.

  4         (c)  Any person whose health insurance coverage is

  5  involuntarily terminated for any reason other than nonpayment

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

  7  coverage is applied for within 60 days after the involuntary

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

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

10  of termination of the previous coverage.

11         (b)(d)  The plan shall provide that, upon the death or

12  divorce of the individual in whose name the contract was

13  issued, every other person then covered in the contract may

14  elect within 60 days to continue under the same or a different

15  contract.

16         (c)(e)  No coverage provided to a person who is

17  eligible for Medicare benefits shall be issued as a Medicare

18  supplement policy as defined in s. 627.672.

19         (2)  BENEFITS.--

20         (a)  The plan must offer coverage to every eligible

21  person subject to limitations set by the association. The

22  coverage offered must pay an eligible person's covered

23  expenses, subject to limits on the deductible and coinsurance

24  payments authorized under subsection (4). The lifetime

25  benefits limit for such coverage shall be $500,000. However,

26  policyholders of association policies issued prior to 1992 are

27  entitled to continued coverage at the benefit level

28  established prior to January 1, 2002. Only the premium,

29  deductible, and coinsurance amounts may be modified as

30  determined necessary by the board. The plan shall offer major

31  medical expense coverage similar to that provided by the state

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  1  group health insurance program as defined in s. 110.123 except

  2  as specified in subsection (3) to every eligible person who is

  3  not eligible for Medicare. Major medical expense coverage

  4  offered under the plan shall pay an eligible person's covered

  5  expenses, subject to limits on the deductible and coinsurance

  6  payments authorized under subsection (4), up to a lifetime

  7  limit of $500,000 per covered individual. The maximum limit

  8  under this paragraph shall not be altered by the board, and no

  9  actuarially equivalent benefit may be substituted by the

10  board.

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

12  person eligible for Medicare shall be separately rated to

13  reflect differences in experience reasonably expected to occur

14  as a result of Medicare payments.

15         (3)  COVERED EXPENSES.--

16         (a)  The board shall establish the coverage to be

17  issued by the association.

18         (b)  If the coverage is being issued to an eligible

19  individual as defined in s. 627.6487, the individual shall be

20  offered, at the option of the individual, the basic and the

21  standard health benefit plan as established in s. 627.6699.

22  The coverage to be issued by the association shall be

23  patterned after the state group health insurance program as

24  defined in s. 110.123, including its benefits, exclusions, and

25  other limitations, except as otherwise provided in this act.

26  The plan may cover the cost of experimental drugs which have

27  been approved for use by the Food and Drug Administration on

28  an experimental basis if the cost is less than the usual and

29  customary treatment.  Such coverage shall only apply to those

30  insureds who are in the case management system upon the

31  approval of the insured, the case manager, and the board.

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

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

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

  4  higher amounts proposed by the board and approved by the

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

  6  insurance coverage or workers' compensation.  The schedule of

  7  premiums and deductibles shall be established by the board

  8  association. With regard to any preferred provider arrangement

  9  utilized by the association, the deductibles provided in this

10  paragraph shall be the minimum deductibles applicable to the

11  preferred providers and higher deductibles, as approved by the

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

13  providers.

14         1.  Separate schedules of premium rates based on age

15  may apply for individual risks.

16         2.  Rates are subject to approval by the department

17  pursuant to ss. 627.410 and 627.411, except as provided by

18  this section. The board shall revise premium schedules

19  annually, beginning January 2002.

20         3.  Standard risk rates for coverages issued by the

21  association shall be established by the department, pursuant

22  to s. 627.6675(3).

23         3.4.  The board shall establish three premium schedules

24  based upon an individual's family income:

25         a.  Schedule A is applicable to an individual whose

26  family income exceeds the allowable amount for determining

27  eligibility under the Medicaid program, up to and including

28  200 percent of the Federal Poverty Level. Premiums for a

29  person under this schedule may not exceed 150 percent of the

30  standard risk rate.

31

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  1         b.  Schedule B is applicable to an individual whose

  2  family income exceeds 200 percent but is less than 300 percent

  3  of the Federal Poverty Level. Premiums for a person under this

  4  schedule may not exceed 250 percent of the standard risk rate.

  5         c.  Schedule C is applicable to an individual whose

  6  family income is equal to or greater than 300 percent of the

  7  Federal Poverty Level. Premiums for a person under this

  8  schedule may not exceed 300 percent of the standard risk rate.

  9  establish separate premium schedules for low-risk individuals,

10  medium-risk individuals, and high-risk individuals and shall

11  revise premium schedules annually beginning January 1999.

12         4.  The standard risk rate shall be determined by the

13  department pursuant to s. 627.6675(3). The rate shall be

14  adjusted for benefit differences. No rate shall exceed 200

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

16  225 percent of the standard risk rate for medium-risk

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

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

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

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

21  claims payment for individuals based upon an individual's

22  health condition.

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

24  person exceed the deductible for major medical expense

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

26  shall pay in the following manner:

27         1.  For individuals placed under case management, the

28  plan shall pay 90 percent of the additional covered costs

29  incurred by the person during the policy year for the first

30  $10,000, after which the plan shall pay 100 percent of the

31  covered costs incurred by the person during the policy year.

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  1         2.  For individuals utilizing the preferred provider

  2  network, the plan shall pay 80 percent of the additional

  3  covered costs incurred by the person during the policy year

  4  for the first $10,000, after which the plan shall pay 90

  5  percent of covered costs incurred by the person during the

  6  policy year.

  7         3.  If the person does not utilize either the case

  8  management system or the preferred provider network, the plan

  9  shall pay 60 percent of the additional covered costs incurred

10  by the person for the first $10,000, after which the plan

11  shall pay 70 percent of the additional covered costs incurred

12  by the person during the policy year.

13         (5)  PREEXISTING CONDITIONS.--An association policy

14  shall may contain provisions under which coverage is excluded

15  during a period of 12 months following the effective date of

16  coverage with respect to a given covered individual for any

17  preexisting condition, as long as:

18         (a)  The condition manifested itself within a period of

19  6 months before the effective date of coverage; or

20         (b)  Medical advice or treatment was recommended or

21  received within a period of 6 months before the effective date

22  of coverage.

23

24  This subsection does not apply to an eligible individual as

25  defined in s. 627.6487.

26         (6)  OTHER SOURCES PRIMARY.--

27         (a)  No amounts paid or payable by Medicare or any

28  other governmental program or any other insurance, or

29  self-insurance maintained in lieu of otherwise statutorily

30  required insurance, may be made or recognized as claims under

31  such policy or be recognized as or towards satisfaction of

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  1  applicable deductibles or out-of-pocket maximums or to reduce

  2  the limits of benefits available.

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

  4  participant for any benefits paid to the participant which

  5  should not have been claimed or recognized as claims because

  6  of the provisions of this subsection or because otherwise not

  7  covered.

  8         (7)  NONENTITLEMENT.--The Florida Comprehensive Health

  9  Association Act does not provide an individual with an

10  entitlement to health care services or health insurance. A

11  cause of action does not arise against the state, the board,

12  or the association for failure to make health services or

13  health insurance available under the Florida Comprehensive

14  Health Association Act.

15         Section 12.  The Legislature finds that the provisions

16  of this act fulfill an important state interest.

17         Section 13.  The amendments in this act to section

18  627.6487(3), Florida Statutes, shall not take effect unless

19  the Health Care Financing Administration of the U.S.

20  Department of Health and Human Services approves this act as

21  providing an acceptable alternative mechanism, as provided in

22  the Public Health Service Act.

23         Section 14.  Effective January 1, 2002, section

24  627.6484, Florida Statutes, is repealed.

25         Section 15.  Subsection (9) is added to section

26  627.6515, Florida Statutes, to read:

27         627.6515  Out-of-state groups.--

28         (9)  Notwithstanding any other provision of this

29  section, any group health insurance policy or group

30  certificate for health insurance, as described in s.

31  627.6561(5)(a)2., which is issued to a resident of this state

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  1  and requires individual underwriting to determine coverage

  2  eligibility for an individual or premium rates to be charged

  3  to an individual shall be considered a policy issued on an

  4  individual basis and is subject to and must comply with the

  5  Florida Insurance Code in the same manner as individual

  6  insurance policies issued in this state.

  7         Section 16.  Paragraphs (i), (m), and (n) of subsection

  8  (3), paragraph (b) of subsection (6), paragraphs (a), (d), and

  9  (e) of subsection (12), and paragraph (a) of subsection (15)

10  of section 627.6699, Florida Statutes, are amended to read:

11         627.6699  Employee Health Care Access Act.--

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

13         (i)  "Established geographic area" means the county or

14  counties, or any portion of a county or counties, within which

15  the carrier provides or arranges for health care services to

16  be available to its insureds, members, or subscribers.

17         (m)  "Limited benefit policy or contract" means a

18  policy or contract that provides coverage for each person

19  insured under the policy for a specifically named disease or

20  diseases or, a specifically named accident, or a specifically

21  named limited market that fulfills a an experimental or

22  reasonable need by providing more affordable health insurance,

23  such as the small group market.

24         (n)  "Modified community rating" means a method used to

25  develop carrier premiums which spreads financial risk across a

26  large population; allows the use of separate rating factors

27  for age, gender, family composition, tobacco usage, and

28  geographic area as determined under paragraph (5)(j); and

29  allows adjustments for: claims experience, health status, or

30  credits based on the duration that the of coverage has been in

31  force as permitted under subparagraph (6)(b)6. subparagraph

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  1  (6)(b)5.; and administrative and acquisition expenses as

  2  permitted under subparagraph (6)(b)5. A carrier may separate

  3  the experience of small employer groups with less than two

  4  eligible employees from the experience of small employer

  5  groups with two through 50 eligible employees.

  6         (6)  RESTRICTIONS RELATING TO PREMIUM RATES.--

  7         (b)  For all small employer health benefit plans that

  8  are subject to this section and are issued by small employer

  9  carriers on or after January 1, 1994, premium rates for health

10  benefit plans subject to this section are subject to the

11  following:

12         1.  Small employer carriers must use a modified

13  community rating methodology in which the premium for each

14  small employer must be determined solely on the basis of the

15  eligible employee's and eligible dependent's gender, age,

16  family composition, tobacco use, or geographic area as

17  determined under paragraph (5)(j) and in which the premium may

18  be adjusted as permitted by subparagraphs 5., and 6., and 7.

19         2.  Rating factors related to age, gender, family

20  composition, tobacco use, or geographic location may be

21  developed by each carrier to reflect the carrier's experience.

22  The factors used by carriers are subject to department review

23  and approval.

24         3.  If the modified community rate is determined from

25  two experience pools as authorized by paragraph (5)(n), the

26  rate to be charged to small employer groups of less than two

27  eligible employees may not exceed 150 percent of the rate

28  determined for groups of two through 50 eligible employees;

29  however, the carrier may charge excess losses of the

30  less-than-two-eligible-employee experience pool to the

31  experience pool of the two through 50 eligible employees so

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  1  that all losses are allocated and the 150-percent rate limit

  2  on the less-than-two-eligible-employee experience pool is

  3  maintained. Notwithstanding the provisions of s.

  4  627.411(1)(e)4. and (3), the rate to be charged to a small

  5  employer group of fewer than 2 eligible employees insured as

  6  of July 1, 2001, may be up to 125 percent of the rate

  7  determined for groups of 2 through 50 eligible employees for

  8  the first annual renewal and 150 percent for subsequent annual

  9  renewals.

10         4.3.  Small employer carriers may not modify the rate

11  for a small employer for 12 months from the initial issue date

12  or renewal date, unless the composition of the group changes

13  or benefits are changed. However, a small employer carrier may

14  modify the rate one time prior to 12 months after the initial

15  issue date for a small employer who enrolls under a previously

16  issued group policy that has a common anniversary date for all

17  employers covered under the policy if:

18         a.  The carrier discloses to the employer in a clear

19  and conspicuous manner the date of the first renewal and the

20  fact that the premium may increase on or after that date.

21         b.  The insurer demonstrates to the department that

22  efficiencies in administration are achieved and reflected in

23  the rates charged to small employers covered under the policy.

24         5.4.  A carrier may issue a group health insurance

25  policy to a small employer health alliance or other group

26  association with rates that reflect a premium credit for

27  expense savings attributable to administrative activities

28  being performed by the alliance or group association if such

29  expense savings are specifically documented in the insurer's

30  rate filing and are approved by the department.  Any such

31  credit may not be based on different morbidity assumptions or

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  1  on any other factor related to the health status or claims

  2  experience of any person covered under the policy. Nothing in

  3  this subparagraph exempts an alliance or group association

  4  from licensure for any activities that require licensure under

  5  the insurance code. A carrier issuing a group health insurance

  6  policy to a small employer health alliance or other group

  7  association shall allow any properly licensed and appointed

  8  agent of that carrier to market and sell the small employer

  9  health alliance or other group association policy. Such agent

10  shall be paid the usual and customary commission paid to any

11  agent selling the policy.

12         6.5.  Any adjustments in rates for claims experience,

13  health status, or credits based on the duration of coverage

14  may not be charged to individual employees or dependents. For

15  a small employer's policy, such adjustments may not result in

16  a rate for the small employer which deviates more than 15

17  percent from the carrier's approved rate. Any such adjustment

18  must be applied uniformly to the rates charged for all

19  employees and dependents of the small employer. A small

20  employer carrier may make an adjustment to a small employer's

21  renewal premium, not to exceed 10 percent annually, due to the

22  claims experience, health status, or credits based on the

23  duration of coverage of the employees or dependents of the

24  small employer. Semiannually, small group carriers shall

25  report information on forms adopted by rule by the department,

26  to enable the department to monitor the relationship of

27  aggregate adjusted premiums actually charged policyholders by

28  each carrier to the premiums that would have been charged by

29  application of the carrier's approved modified community

30  rates. If the aggregate resulting from the application of such

31  adjustment exceeds the premium that would have been charged by

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  1  application of the approved modified community rate by 5

  2  percent for the current reporting period, the carrier shall

  3  limit the application of such adjustments only to minus

  4  adjustments beginning not more than 60 days after the report

  5  is sent to the department. For any subsequent reporting

  6  period, if the total aggregate adjusted premium actually

  7  charged does not exceed the premium that would have been

  8  charged by application of the approved modified community rate

  9  by 5 percent, the carrier may apply both plus and minus

10  adjustments. A small employer carrier may provide a credit to

11  a small employer's premium based on administrative and

12  acquisition expense differences resulting from the size of the

13  group. Group size administrative and acquisition expense

14  factors may be developed by each carrier to reflect the

15  carrier's experience and are subject to department review and

16  approval.

17         7.6.  A small employer carrier rating methodology may

18  include separate rating categories for one dependent child,

19  for two dependent children, and for three or more dependent

20  children for family coverage of employees having a spouse and

21  dependent children or employees having dependent children

22  only. A small employer carrier may have fewer, but not

23  greater, numbers of categories for dependent children than

24  those specified in this subparagraph.

25         8.7.  Small employer carriers may not use a composite

26  rating methodology to rate a small employer with fewer than 10

27  employees. For the purposes of this subparagraph, a "composite

28  rating methodology" means a rating methodology that averages

29  the impact of the rating factors for age and gender in the

30  premiums charged to all of the employees of a small employer.

31

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

  2  PLANS.--

  3         (a)1.  By May 15, 1993, the commissioner shall appoint

  4  a health benefit plan committee composed of four

  5  representatives of carriers which shall include at least two

  6  representatives of HMOs, at least one of which is a staff

  7  model HMO, two representatives of agents, four representatives

  8  of small employers, and one employee of a small employer.  The

  9  carrier members shall be selected from a list of individuals

10  recommended by the board.  The commissioner may require the

11  board to submit additional recommendations of individuals for

12  appointment.

13         2.  The plans shall comply with all of the requirements

14  of this subsection.

15         3.  The plans must be filed with and approved by the

16  department prior to issuance or delivery by any small employer

17  carrier.

18         4.  Before October 1, 2001, and in every 4th year

19  thereafter, the commissioner shall appoint a new health

20  benefit plan committee in the manner provided in subparagraph

21  1. to determine whether modifications to a plan might be

22  appropriate and to submit recommended modifications to the

23  department for approval. Such determination shall be based

24  upon prevailing industry standards regarding managed care and

25  cost-containment provisions and shall be for the purpose of

26  ensuring that the benefit plans offered to small employers on

27  a guaranteed-issue basis are consistent with the low to

28  mid-priced benefit plans offered in the large-group market.

29  This determination shall be included in a report submitted to

30  the President of the Senate and the Speaker of the House of

31  Representatives annually by October 1. After approval of the

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  1  revised health benefit plans, if the department determines

  2  that modifications to a plan might be appropriate, the

  3  commissioner shall appoint a new health benefit plan committee

  4  in the manner provided in subparagraph 1. to submit

  5  recommended modifications to the department for approval.

  6         (d)1.  Upon offering coverage under a standard health

  7  benefit plan, a basic health benefit plan, or a limited

  8  benefit policy or contract for any small employer, the small

  9  employer carrier shall disclose in writing to the employer

10  provide such employer group with a written statement that

11  contains, at a minimum:

12         a.  An explanation of those mandated benefits and

13  providers that are not covered by the policy or contract;

14         a.b.  An outline of coverage explanation of the managed

15  care and cost control features of the policy or contract,

16  along with all appropriate mailing addresses and telephone

17  numbers to be used by insureds in seeking information or

18  authorization; and

19         b.c.  An explanation of The primary and preventive care

20  features of the policy or contract; and.

21

22  Such disclosure statement must be presented in a clear and

23  understandable form and format and must be separate from the

24  policy or certificate or evidence of coverage provided to the

25  employer group.

26         2.  Before a small employer carrier issues a standard

27  health benefit plan, a basic health benefit plan, or a limited

28  benefit policy or contract, it must obtain from the

29  prospective policyholder a signed written statement in which

30  the prospective policyholder:

31

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  1         a.  Certifies as to eligibility for coverage under the

  2  standard health benefit plan, basic health benefit plan, or

  3  limited benefit policy or contract;

  4         c.b.  Acknowledges The limited nature of the coverage

  5  and the an understanding of the managed care and cost control

  6  features of the policy or contract.;

  7         c.  Acknowledges that if misrepresentations are made

  8  regarding eligibility for coverage under a standard health

  9  benefit plan, a basic health benefit plan, or a limited

10  benefit policy or contract, the person making such

11  misrepresentations forfeits coverage provided by the policy or

12  contract; and

13         2.d.  If a limited plan is requested, the prospective

14  policyholder must acknowledge in writing acknowledges that he

15  or she the prospective policyholder had been offered, at the

16  time of application for the insurance policy or contract, the

17  opportunity to purchase any health benefit plan offered by the

18  carrier and that the prospective policyholder had rejected

19  that coverage.

20

21  A copy of such written statement shall be provided to the

22  prospective policyholder no later than at the time of delivery

23  of the policy or contract, and the original of such written

24  statement shall be retained in the files of the small employer

25  carrier for the period of time that the policy or contract

26  remains in effect or for 5 years, whichever period is longer.

27         3.  Any material statement made by an applicant for

28  coverage under a health benefit plan which falsely certifies

29  as to the applicant's eligibility for coverage serves as the

30  basis for terminating coverage under the policy or contract.

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  1         3.4.  Each marketing communication that is intended to

  2  be used in the marketing of a health benefit plan in this

  3  state must be submitted for review by the department prior to

  4  use and must contain the disclosures stated in this

  5  subsection.

  6         4.  The contract, policy, and certificates evidencing

  7  coverage under a limited benefit policy or contract and the

  8  application for coverage under such plans must state in not

  9  less than 10-point type on the first page in contrasting color

10  the following: "The benefits provided by this health plan are

11  limited and may not cover all of your medical needs. You

12  should carefully review the benefits offered under this health

13  plan."

14         (d)(e)  A small employer carrier may not use any

15  policy, contract, form, or rate under this section, including

16  applications, enrollment forms, policies, contracts,

17  certificates, evidences of coverage, riders, amendments,

18  endorsements, and disclosure forms, until the insurer has

19  filed it with the department and the department has approved

20  it under ss. 627.31, 627.410, 627.4106, and 627.411.

21         (15)  APPLICABILITY OF OTHER STATE LAWS.--

22         (a)  Except as expressly provided in this section, a

23  law requiring coverage for a specific health care service or

24  benefit, or a law requiring reimbursement, utilization, or

25  consideration of a specific category of licensed health care

26  practitioner, does not apply to a standard or basic health

27  benefit plan policy or contract or a limited benefit policy or

28  contract offered or delivered to a small employer unless that

29  law is made expressly applicable to such policies or

30  contracts. A law restricting or limiting deductibles,

31  copayments, or annual or lifetime maximum payments does not

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  1  apply to a limited benefit policy or contract offered or

  2  delivered to a small employer unless such law is made

  3  expressly applicable to such policy or contract. A limited

  4  benefit policy or contract that is offered or delivered to a

  5  small employer may also be offered or delivered to an employer

  6  having 51 or more eligible employees.

  7         Section 17.  Section 627.9408, Florida Statutes, is

  8  amended to read:

  9         627.9408  Rules.--

10         (1)  The department may has authority to adopt rules

11  pursuant to ss. 120.536(1) and 120.54 to administer implement

12  the provisions of this part.

13         (2)  The department may adopt by rule the provisions of

14  the Long-Term Care Insurance Model Regulation adopted by the

15  National Association of Insurance Commissioners in the second

16  quarter of the year 2000 which are not in conflict with the

17  Florida Insurance Code.

18         Section 18.  Paragraphs (b) and (d) of subsection (3)

19  of section 641.31, Florida Statutes, are amended, and

20  paragraph (f) is added to that subsection, to read:

21         641.31  Health maintenance contracts.--

22         (3)

23         (b)  Any change in the rate is subject to paragraph (d)

24  and requires at least 30 days' advance written notice to the

25  subscriber. In the case of a group member, there may be a

26  contractual agreement with the health maintenance organization

27  to have the employer provide the required notice to the

28  individual members of the group. This paragraph does not apply

29  to a group contract covering 51 or more persons unless the

30  rate is for any coverage under which the increase in claim

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  1  costs over the lifetime of the contract due to advancing age

  2  or duration is prefunded in the premium.

  3         (d)  Any change in rates charged for the contract must

  4  be filed with the department not less than 30 days in advance

  5  of the effective date. At the expiration of such 30 days, the

  6  rate filing shall be deemed approved unless prior to such time

  7  the filing has been affirmatively approved or disapproved by

  8  order of the department pursuant to s. 627.411. The approval

  9  of the filing by the department constitutes a waiver of any

10  unexpired portion of such waiting period. The department may

11  extend by not more than an additional 15 days the period

12  within which it may so affirmatively approve or disapprove any

13  such filing, by giving notice of such extension before

14  expiration of the initial 30-day period. At the expiration of

15  any such period as so extended, and in the absence of such

16  prior affirmative approval or disapproval, any such filing

17  shall be deemed approved.

18         (f)  A health maintenance organization with fewer than

19  1,000 covered subscribers under all individual or group

20  contracts, at the time of a rate filing, may file for an

21  annual rate increase limited to annual medical trend, as

22  adopted by the department. The filing is in lieu of the

23  actuarial memorandum otherwise required for the rate filing.

24  The filing must include forms adopted by the department and a

25  certification by an officer of the company that the filing

26  includes all similar forms.

27         Section 19.  This act shall take effect October 1,

28  2001.

29

30

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                      CS for SB 1960 & 1760

  3

  4  The Committee Substitute for the Committee Substitute for
    Senate Bills 1960 and 1760 reopens the Florida Comprehensive
  5  Health Association for enrollment on January 1, 2002, caps new
    enrollment in the association at 500 for calendar year 2002
  6  and allows an additional 1,500 members, effective January 1,
    2003, and makes changes to procedures, structure and
  7  eligibility for the program.

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

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