Senate Bill sb2060c1

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    Florida Senate - 2001                           CS for SB 2060

    By the Committee on Banking and Insurance; and Senator Geller





    311-1703A-01

  1                      A bill to be entitled

  2         An act relating to the Department of Insurance;

  3         amending ss. 624.3161, 626.171, F.S.; directing

  4         the department to adopt rules relating to

  5         market conduct examinations and license

  6         applications; amending s. 626.9541, F.S.;

  7         revising provisions relating to unfair

  8         competition and deceptive practices; creating

  9         626.9552, F.S.; providing standards for single

10         interest insurance; amending s. 627.062, F.S.;

11         providing for filing forms for rate standards;

12         amending s. 627.0625, F.S.; authorizing the

13         department to adopt rules relating to

14         third-party claimants; amending s. 627.0651,

15         F.S.; prohibiting motor vehicle insurers from

16         imposing a surcharge or a discount due to

17         certain factors; creating s. 627.385, F.S.;

18         providing rules of conduct for residual market

19         board members; creating s. 627.4065, F.S.;

20         providing for notice of right to return health

21         insurance policies; creating s. 627.41345,

22         F.S.; prohibiting an insurer or agent from

23         issuing or signing certain certificates of

24         insurance; providing that the terms of the

25         policy control in case of conflict; amending s.

26         627.7015, F.S.; defining the term "claim" for

27         purposes of alternative procedures for

28         resolving disputed property insurance claims;

29         amending s. 627.7276, F.S.; providing for

30         notice of coverage of automobile policies;

31         creating s. 627.795, F.S.; providing guidelines

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  1         for title insurance policies; amending s.

  2         627.918, F.S.; directing the department to

  3         adopt rules relating to reporting formats;

  4         amending s. 641.31, F.S.; specifying

  5         reimbursement for emergency services under

  6         health maintenance organization contracts;

  7         amending s. 641.3108, F.S.; requiring health

  8         maintenance organizations to provide certain

  9         information to subscriber groups whose contract

10         is not renewed for certain reasons; providing

11         an effective date.

12

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

14

15         Section 1.  Subsection (6) is added to section

16  624.3161, Florida Statutes, to read:

17         624.3161  Market conduct examinations.--

18         (6)  The department shall adopt rules as necessary to

19  effectuate the market conduct examination process, to assure

20  compliance by the person examined with the applicable

21  provisions of the Insurance Code. Such rules shall not exceed

22  the authority of the statutes involved in the market conduct

23  examination.

24         Section 2.  Subsection (8) is added to section 626.171,

25  Florida Statutes, to read:

26         626.171  Application for license.--

27         (8)  The department shall adopt rules to effectuate the

28  license application process, including photo identification,

29  background checks and credit reports, prelicensing courses,

30  the impact of criminal and law enforcement history, and other

31  relevant information in an effort to determine an applicant's

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  1  fitness and trustworthiness to engage in the business of

  2  insurance.

  3         Section 3.  Paragraph (o) of subsection (1) of section

  4  626.9541, Florida Statutes, is amended to read:

  5         626.9541  Unfair methods of competition and unfair or

  6  deceptive acts or practices defined.--

  7         (1)  UNFAIR METHODS OF COMPETITION AND UNFAIR OR

  8  DECEPTIVE ACTS.--The following are defined as unfair methods

  9  of competition and unfair or deceptive acts or practices:

10         (o)  Illegal dealings in premiums; excess or reduced

11  charges for insurance.--

12         1.  Knowingly collecting any sum as a premium or charge

13  for insurance, which is not then provided, or is not in due

14  course to be provided, subject to acceptance of the risk by

15  the insurer, by an insurance policy issued by an insurer as

16  permitted by this code.

17         2.  Knowingly collecting as a premium or charge for

18  insurance any sum in excess of or less than the premium or

19  charge applicable to such insurance, in accordance with the

20  applicable classifications and rates as filed with and

21  approved by the department, and as specified in the policy;

22  or, in cases when classifications, premiums, or rates are not

23  required by this code to be so filed and approved, premiums

24  and charges in excess of or less than those specified in the

25  policy and as fixed by the insurer.  This provision shall not

26  be deemed to prohibit the charging and collection, by surplus

27  lines agents licensed under part VIII of this chapter, of the

28  amount of applicable state and federal taxes, or fees as

29  authorized by s. 626.916(4), in addition to the premium

30  required by the insurer or the charging and collection, by

31  licensed agents, of the exact amount of any discount or other

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  1  such fee charged by a credit card facility in connection with

  2  the use of a credit card, as authorized by subparagraph (q)3.,

  3  in addition to the premium required by the insurer. This

  4  subparagraph shall not be construed to prohibit collection of

  5  a premium for a universal life or a variable or indeterminate

  6  value insurance policy made in accordance with the terms of

  7  the contract.

  8         3.a.  Imposing or requesting an additional premium for

  9  a policy of motor vehicle liability, personal injury

10  protection, medical payment, or collision insurance or any

11  combination thereof or refusing to renew the policy solely

12  because the insured was involved in a motor vehicle accident

13  unless the insurer's file contains information from which the

14  insurer in good faith determines that the insured was

15  substantially at fault in the accident.

16         b.  An insurer which imposes and collects such a

17  surcharge or which refuses to renew such policy shall, in

18  conjunction with the notice of premium due or notice of

19  nonrenewal, notify the named insured that he or she is

20  entitled to reimbursement of such amount or renewal of the

21  policy under the conditions listed below and will subsequently

22  reimburse him or her or renew the policy, if the named insured

23  demonstrates that the operator involved in the accident was:

24         (I)  Lawfully parked;

25         (II)  Reimbursed by, or on behalf of, a person

26  responsible for the accident or has a judgment against such

27  person;

28         (III)  Struck in the rear by another vehicle headed in

29  the same direction and was not convicted of a moving traffic

30  violation in connection with the accident;

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  1         (IV)  Hit by a "hit-and-run" driver, if the accident

  2  was reported to the proper authorities within 24 hours after

  3  discovering the accident;

  4         (V)  Not convicted of a moving traffic violation in

  5  connection with the accident, but the operator of the other

  6  automobile involved in such accident was convicted of a moving

  7  traffic violation;

  8         (VI)  Finally adjudicated not to be liable by a court

  9  of competent jurisdiction;

10         (VII)  In receipt of a traffic citation which was

11  dismissed or nolle prossed; or

12         (VIII)  Not at fault as evidenced by a written

13  statement from the insured establishing facts demonstrating

14  lack of fault which are not rebutted by information in the

15  insurer's file from which the insurer in good faith determines

16  that the insured was substantially at fault.

17         c.  In addition to the other provisions of this

18  subparagraph, an insurer may not fail to renew a policy if the

19  insured has had only one accident in which he or she was at

20  fault within the current 3-year period. However, an insurer

21  may nonrenew a policy for reasons other than accidents in

22  accordance with s. 627.728. This subparagraph does not

23  prohibit nonrenewal of a policy under which the insured has

24  had three or more accidents, regardless of fault, during the

25  most recent 3-year period.

26         4.  Imposing or requesting an additional premium for,

27  or refusing to renew, a policy for motor vehicle insurance

28  solely because the insured committed a noncriminal traffic

29  infraction as described in s. 318.14 unless the infraction is:

30

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  1         a.  A second infraction committed within an 18-month

  2  period, or a third or subsequent infraction committed within a

  3  36-month period.

  4         b.  A violation of s. 316.183, when such violation is a

  5  result of exceeding the lawful speed limit by more than 15

  6  miles per hour.

  7         5.  Upon the request of the insured, the insurer and

  8  licensed agent shall supply to the insured the complete proof

  9  of fault or other criteria which justifies the additional

10  charge or cancellation.

11         6.  No insurer shall impose or request an additional

12  premium for motor vehicle insurance, cancel or refuse to issue

13  a policy, or refuse to renew a policy because the insured or

14  the applicant is a handicapped or physically disabled person,

15  so long as such handicap or physical disability does not

16  substantially impair such person's mechanically assisted

17  driving ability.

18         7.  No insurer may cancel or otherwise terminate any

19  insurance contract or coverage, or require execution of a

20  consent to rate endorsement, during the stated policy term for

21  the purpose of offering to issue, or issuing, a similar or

22  identical contract or coverage to the same insured with the

23  same exposure at a higher premium rate or continuing an

24  existing contract or coverage with the same exposure at an

25  increased premium.

26         8.  No insurer may issue a nonrenewal notice on any

27  insurance contract or coverage, or require execution of a

28  consent to rate endorsement, for the purpose of offering to

29  issue, or issuing, a similar or identical contract or coverage

30  to the same insured at a higher premium rate or continuing an

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  1  existing contract or coverage at an increased premium without

  2  meeting any applicable notice requirements.

  3         9.  No insurer shall, with respect to premiums charged

  4  for motor vehicle insurance, unfairly discriminate solely on

  5  the basis of age, sex, marital status, location of the risk,

  6  accidents more than 3 years old, or scholastic achievement.

  7         10.  Imposing or requesting an additional premium for

  8  motor vehicle comprehensive or uninsured motorist coverage

  9  solely because the insured was involved in a motor vehicle

10  accident or was convicted of a moving traffic violation.

11         11.  No insurer shall cancel or issue a nonrenewal

12  notice on any insurance policy or contract without complying

13  with any applicable cancellation or nonrenewal provision

14  required under the Florida Insurance Code.

15         12.  No insurer shall impose or request an additional

16  premium, cancel a policy, or issue a nonrenewal notice on any

17  insurance policy or contract because of any traffic infraction

18  when adjudication has been withheld and no points have been

19  assessed pursuant to s. 318.14(9) and (10).  However, this

20  subparagraph does not apply to traffic infractions involving

21  accidents in which the insurer has incurred a loss due to the

22  fault of the insured.

23         Section 4.  Section 626.9552, Florida Statutes, is

24  created to read:

25         626.9552  Single interest insurance.--

26         (1)  When single interest insurance is written at the

27  expense of the purchaser or borrower in connection with a

28  finance or loan transaction, a clear and concise statement

29  must be furnished the purchaser or borrower advising the

30  purchaser or borrower that the insurance effected is solely

31  for the interest of the financing entity, and that no

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  1  protection thereunder exists for the benefit of the purchaser

  2  or borrower. When single interest insurance is written, no

  3  effort may be made by the insurer to recover the amount of any

  4  payment from the borrower. Single interest insurance policies

  5  must be clearly stamped or printed on the declarations page,

  6  "Single Interest Only----No Subrogation." Single interest

  7  insurance is to be placed only after it has been determined

  8  that no other kind of insurance can be placed on the risk,

  9  except with the consent of the purchaser or borrower. Single

10  interest may be written in cases of inland marine installment

11  sales floater policies. If insurance cannot be obtained for

12  the dual protection of the purchaser or borrower, and the

13  seller or lender or financing entity for all the coverages

14  contemplated, or if obtained, is canceled by the insurer

15  before expiration, the seller or lender or financing entity

16  may obtain insurance to protect his or her interest in the

17  motor vehicle or other personal property, and the purchaser or

18  borrower may be required to pay the cost thereof. In such

19  event the seller or lender or financing entity shall promptly

20  notify the purchaser or borrower that such insurance cannot be

21  obtained, or has been canceled, and credit to the purchaser or

22  borrower the difference between the amount charged for dual

23  protection insurance and the actual cost of such single

24  interest insurance, less, in the event of cancellation, the

25  earned premium on the dual interest insurance for the period

26  it was in force. If the purchaser or borrower procures

27  acceptable dual interest insurance within 30 days after the

28  date of such notice and provides the seller or lender, or

29  finance entity with evidence that the premium therefore has

30  been paid, there is no charge to him or her for the single

31  interest coverage. As used in this section, the term

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  1  "financing entity" means a finance company, bank, or other

  2  lending institution. However, those lenders licensed under the

  3  Consumer Finance Act, chapter 516, must provide coverage

  4  issued in the name of the borrower containing the customary

  5  mortgagee or loss payee clause.

  6         (2)  If a certificate is issued under a master policy,

  7  the same coverage as provided in an individual policy will

  8  apply.

  9         (3)  The provisions of this section do not apply to

10  title insurance as defined in s. 624.608.

11         Section 5.  Paragraph (a) of subsection (2) of section

12  627.062, Florida Statutes, is amended to read:

13         627.062  Rate standards.--

14         (2)  As to all such classes of insurance:

15         (a)  Insurers or rating organizations shall establish

16  and use rates, rating schedules, or rating manuals to allow

17  the insurer a reasonable rate of return on such classes of

18  insurance written in this state. Copies A copy of rates,

19  rating schedules, rating manuals, premium credits or discount

20  schedules, and surcharge schedules, and changes thereto, shall

21  be filed with the department under one of the following

22  procedures:

23         1.  If the filing is made at least 90 days before the

24  proposed effective date and the filing is not implemented

25  during the department's review of the filing and any

26  proceeding and judicial review, then such filing shall be

27  considered a "file and use" filing.  In such case, the

28  department shall finalize its review by issuance of a notice

29  of intent to approve or a notice of intent to disapprove

30  within 90 days after receipt of the filing. The notice of

31  intent to approve and the notice of intent to disapprove

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  1  constitute agency action for purposes of the Administrative

  2  Procedure Act. Requests for supporting information, requests

  3  for mathematical or mechanical corrections, or notification to

  4  the insurer by the department of its preliminary findings

  5  shall not toll the 90-day period during any such proceedings

  6  and subsequent judicial review. The rate shall be deemed

  7  approved if the department does not issue a notice of intent

  8  to approve or a notice of intent to disapprove within 90 days

  9  after receipt of the filing.

10         2.  If the filing is not made in accordance with the

11  provisions of subparagraph 1., such filing shall be made as

12  soon as practicable, but no later than 30 days after the

13  effective date, and shall be considered a "use and file"

14  filing.  An insurer making a "use and file" filing is

15  potentially subject to an order by the department to return to

16  policyholders portions of rates found to be excessive, as

17  provided in paragraph (h).

18         Section 6.  Subsection (4) is added to section

19  627.0625, Florida Statutes, to read:

20         627.0625  Commercial property and casualty risk

21  management plans.--

22         (4)  Commercial motor vehicle policies that are issued

23  to satisfy mandatory financial responsibility requirements of

24  a state or local government must provide first dollar coverage

25  to third-party claimants without a deductible. With respect to

26  such practices, the department may adopt rules necessary to

27  assure that claims are administered fairly as required by law.

28         Section 7.  Subsection (8) of section 627.0651, Florida

29  Statutes, is amended to read:

30         627.0651  Making and use of rates for motor vehicle

31  insurance.--

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  1         (8)  Rates are not unfairly discriminatory if averaged

  2  broadly among members of a group; nor are rates unfairly

  3  discriminatory even though they are lower than rates for

  4  nonmembers of the group.  However, such rates are unfairly

  5  discriminatory if they are not actuarially measurable and

  6  credible and sufficiently related to actual or expected loss

  7  and expense experience of the group so as to assure that

  8  nonmembers of the group are not unfairly discriminated

  9  against. Use of a single United States Postal Service zip code

10  as a rating territory shall be deemed unfairly discriminatory.

11  An insurer may not impose a surcharge or discount for

12  liability coverages based on the type of vehicle without

13  providing acceptable actuarial justification.

14         Section 8.  Section 627.385, Florida Statutes, is

15  created to read:

16         627.385  Conduct of residual market board members.--

17         (1)(a)  For various insurance coverages, a residual

18  market has been created by legislation to provide a market of

19  last resort for individuals unable to secure coverage in the

20  voluntary market.

21         (b)  Each residual market's enabling legislation calls

22  for the establishment of a board of governors or directors

23  that operates subject to a plan of operation. The board, in

24  carrying out its obligations, must engage in business

25  transactions in order to provide and administer the required

26  coverage and maintain adequate funds to support the plan. In

27  order for the board to fully execute its responsibilities

28  required by law, conflict of interest or inappropriate

29  activity by board members, or the appearance thereof, with

30  regard to member insurers or policyholders of the residual

31  market mechanism must be avoided. The Legislature has

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  1  determined that the provisions set forth in subsection (2) are

  2  necessary to protect the public interest by ensuring fair,

  3  reasonable, and beneficial board practice and activity.

  4         (c)  This section applies to the Florida Medical

  5  Malpractice Joint Underwriting Association, the Florida

  6  Automobile Joint Underwriting Association, the Florida

  7  Workers' Compensation Joint Underwriting Association, the

  8  Florida Comprehensive Health Association, the Florida

  9  Windstorm Underwriting Association, the Florida Property and

10  Casualty Joint Underwriting Association, the Florida

11  Residential Property and Casualty Joint Underwriting

12  Association, and the board members thereof.

13         (2)  To ensure that the board is free from potential

14  conflict or inappropriate behavior the following are adopted

15  in the plan of operation of the subject residual market in

16  this state.

17         (a)  A board member may not act as a servicing carrier

18  or administering entity for the subject plan, other than a

19  claim adjustment contract open to all members of the plan.

20         (b)  A board member or board member representative may

21  not use his or her position to foster or facilitate any

22  special pecuniary gain for himself or herself, his or her

23  member company, or any other entity in which the board member

24  or board member representative or the member company has a

25  substantial financial interest, except as otherwise provided

26  in paragraph (a).

27         (c)  A board member or board member representative may

28  not use his or her position on the board to secure or promote

29  any business relationship from which he or she may derive a

30  financial gain.

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  1         (d)  A board member or designee may not receive any

  2  gift or gratuity, except as provided in s. 112.3248, other

  3  than meals, while acting in his or her capacity as a board

  4  member.

  5         (3)  Board members and board member representatives

  6  shall maintain reasonable board expenses based on state travel

  7  policy as set forth in s. 112.061. The board shall develop a

  8  detailed policy regarding board member travel, which policy

  9  must be based on s. 112.061 and is subject to the approval of

10  the department.

11         Section 9.  Section 627.4065, Florida Statutes, is

12  created to read:

13         627.4065  Insured's right to return policy; notice.--A

14  health insurance policy issued or issued for delivery in this

15  state must have printed or stamped thereon or attached thereto

16  a notice in a prominent place stating in substance that the

17  policyholder may return the policy to the insurer within 10

18  days after its delivery and may have the premium paid refunded

19  if, after examination of the policy or contract, the

20  policyholder is not satisfied with it for any reason. The

21  notice must provide that if the policyholder, pursuant to such

22  notice, returns the policy or contract to the insurer at its

23  home office or branch office or to the agent through whom it

24  was purchased, it is considered void from the beginning and

25  the parties are in the same position as if no policy or

26  contract had been issued. This section does not apply to group

27  policies, single premium nonrenewable policies or travel

28  accident policies.

29         Section 10.  Section 627.41345, Florida Statutes, is

30  created to read:

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  1         627.41345  Certificate of insurance.--An insurer or

  2  agent may not issue or sign a certificate of insurance that

  3  contains terms or conditions that differ from those in the

  4  policy under which the certificate of insurance is issued. In

  5  the event of a conflict, the terms of the policy under which

  6  the certificate of insurance is issued shall control.

  7         Section 11.  Subsection (9) is added to section

  8  627.7015, Florida Statutes, to read:

  9         627.7015  Alternative procedure for resolution of

10  disputed property insurance claims.--

11         (9)  For purposes of this section, the term "claim"

12  refers to any dispute between an insurer and an insured

13  relating to a material issue of fact other than a dispute:

14         (a)  With respect to which the insurer has a reasonable

15  basis to suspect fraud;

16         (b)  Where, based on agreed-upon facts as to the cause

17  of loss, there is no coverage under the policy;

18         (c)  With respect to which the insurer has a reasonable

19  basis to believe that the claimant has intentionally made a

20  material misrepresentation of fact which is relevant to the

21  claim, and the entire request for payment of a loss has been

22  denied on the basis of the material misrepresentation; or

23         (d)  Where the amount in controversy is less than $500,

24  unless the parties agree to mediate a dispute involving a

25  lesser amount.

26         Section 12.  Section 627.7276, Florida Statutes, is

27  amended to read:

28         627.7276  Notice of limited coverage.--

29         (1)  The following notice of limited coverage shall An

30  automobile policy that does not contain coverage for bodily

31  injury and property damage must be clearly stamped or printed

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  1  on any automobile insurance policy that provides coverage only

  2  for first-party damage to the insured vehicle, but does not

  3  provide coverage for bodily injury liability, property damage

  4  liability, or personal injury protection to the effect that

  5  such coverage is not included in the policy in the following

  6  manner:

  7

  8         "THIS POLICY DOES NOT PROVIDE BODILY INJURY

  9         LIABILITY, AND PROPERTY DAMAGE LIABILITY, OR

10         PERSONAL INJURY PROTECTION INSURANCE OR ANY

11         OTHER COVERAGE FOR WHICH A SPECIFIC PREMIUM

12         CHARGE IS NOT MADE, AND DOES NOT COMPLY WITH

13         ANY FINANCIAL RESPONSIBILITY LAW OR WITH THE

14         FLORIDA MOTOR VEHICLE NO-FAULT LAW."

15

16         (2)  This legend must appear on the policy declaration

17  page and on the filing back of the policy and be printed in a

18  contrasting color from that used on the policy and in type

19  larger than the largest type used in the text thereof, as an

20  overprint or by a rubber stamp impression.

21         Section 13.  Section 627.795, Florida Statutes, is

22  created to read:

23         627.795  Policy exceptions.--

24         (1)  A title insurance commitment must be issued on all

25  real estate closing transactions when a title insurance policy

26  is to be issued, except for multiple conveyances on the same

27  property such as timesharing.

28         (2)  A gap exception may not be deleted on a commitment

29  until the time of closing.

30         Section 14.  Subsection (1) of section 627.918, Florida

31  Statutes, is amended to read:

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  1         627.918  Reporting formats.--

  2         (1)  The department shall require that the reporting

  3  provided for in this part be made on forms adopted established

  4  by the department or in a format compatible with the

  5  department's its electronic data processing equipment. The

  6  department shall adopt by rule standards for such approval.

  7         Section 15.  Subsection (12) of section 641.31, Florida

  8  Statutes, is amended to read:

  9         641.31  Health maintenance contracts.--

10         (12)  Each health maintenance contract, certificate, or

11  member handbook shall state that emergency services and care

12  shall be provided to subscribers in emergency situations not

13  permitting treatment through the health maintenance

14  organization's providers, without prior notification to and

15  approval of the organization. Reimbursement for covered

16  services and supplies under this section shall be governed by

17  the provisions of s. 641.513(5), up to the subscriber contract

18  benefit limits. Not less than 75 percent of the reasonable

19  charges for covered services and supplies shall be paid by the

20  organization, up to the subscriber contract benefit limits.

21  Payment also may be subject to additional applicable copayment

22  provisions, not to exceed $100 per claim. The health

23  maintenance contract, certificate, or member handbook shall

24  contain the definitions of "emergency services and care" and

25  "emergency medical condition" as specified in s. 641.19(7) and

26  (8), shall describe procedures for determination by the health

27  maintenance organization of whether the services qualify for

28  reimbursement as emergency services and care, and shall

29  contain specific examples of what does constitute an

30  emergency. In providing for emergency services and care as a

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    Florida Senate - 2001                           CS for SB 2060
    311-1703A-01




  1  covered service, a health maintenance organization shall be

  2  governed by s. 641.513.

  3         Section 16.  Subsection (3) of section 641.3108,

  4  Florida Statutes, is amended to read:

  5         641.3108  Notice of cancellation of contract.--

  6         (3)  In the case of a health maintenance contract

  7  issued to an employer or person holding the contract on behalf

  8  of the subscriber group, the health maintenance organization

  9  may make the notification through the employer or group

10  contract holder, and, if the health maintenance organization

11  elects to take this action through the employer or group

12  contract holder, the organization shall be deemed to have

13  complied with the provisions of this section upon notifying

14  the employer or group contract holder of the requirements of

15  this section and requesting the employer or group contract

16  holder to forward to all subscribers the notice required

17  herein. If a subscriber group contract is not renewed due to

18  claim experience, the subscriber group is entitled to receive

19  information concerning its loss ratio. If requested by a

20  subscriber group, a detailed claim experience record may be

21  provided at a reasonable expense. The record shall maintain

22  subscriber confidentiality.

23         Section 17.  This act shall take effect upon becoming a

24  law.

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    Florida Senate - 2001                           CS for SB 2060
    311-1703A-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 2060

  3

  4  Prohibits an insurer or agent from issuing a certificate of
    insurance that contains terms that differ from those in the
  5  policy.

  6  Clarifies that reimbursement for emergency services by a
    health maintenance organization are governed by s. 641.513(5),
  7  F.S.

  8  Requires health maintenance organizations to provide detailed
    claim experience to a subscriber group, upon request, if the
  9  group contract is not renewed due to claim experience.

10  Exempts certain property insurance claims from the mandatory
    mediation provisions.
11
    Adds the Workers' Compensation Joint Underwriting Association
12  to the JUA's subject to the provisions that prohibit board
    members from engaging in specified activities considered a
13  conflict of interest and limit expenses for travel and per
    diem.
14
    Deletes provisions related to the fees charged to participants
15  in the Deferred Compensation program.

16  Deletes provisions authorizing the department to adopt by rule
    the provisions of the Long-Term Care Insurance Model
17  Regulation adopted by the National Association of Insurance
    Commissioners.
18
    Deletes provisions requiring insurers and agents to maintain
19  certain records.

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CODING: Words stricken are deletions; words underlined are additions.