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



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 111

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Seiler offered the following:

12

13         Substitute Amendment for Amendment (822643) (with title

14  amendment) 

15  Remove everything after the enacting clause

16

17  and insert:

18         Section 1.  Health flex plans.--

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

20  proportion of state residents are not able to obtain

21  affordable health insurance coverage.  Therefore, it is the

22  intent of the Legislature to expand the availability of health

23  care options for lower-income uninsured state residents by

24  encouraging health insurers, health maintenance organizations,

25  health care provider-sponsored organizations, local

26  governments, health care districts, or other public or private

27  community-based organizations to develop alternative

28  approaches to traditional health insurance which emphasize

29  coverage for basic and preventive health care services.  To

30  the maximum extent possible these options should be

31  coordinated with existing governmental or community-based

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    File original & 9 copies    03/06/02
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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 111

    Amendment No. ___ (for drafter's use only)





  1  health services programs in a manner which is consistent with

  2  the objectives and requirements 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)  "Department" means the Department of Insurance.

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

  8  determined eligible for and is receiving health care coverage

  9  under a health flex plan approved under this section.

10         (d)  "Health care coverage" or "health flex plan

11  coverage" means health care services covered as benefits under

12  an approved health flex plan or that are otherwise provided,

13  either directly or through arrangements with other persons,

14  via health flex plan health care services on a prepaid per

15  capita basis or on a prepaid aggregate fixed-sum basis.

16         (e)  "Health flex plan" means a health plan approved

17  under subsection (3) which guarantees payment for specified

18  health care coverage provided to the enrollee.

19         (f)  "Health flex 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 which develops and implements an approved health

24  flex plan and is responsible for administering the health flex

25  plan and paying all claims for health flex plan coverage by

26  enrollees of the health flex plan.

27         (3)  PILOT PROGRAM.--The agency and the department

28  shall each approve or disapprove health flex plans which

29  provide health care coverage for eligible participants

30  residing in the 3 service areas of the state with the highest

31  number of uninsured as identified in the Florida Health

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    File original & 9 copies    03/06/02
    hbd0011                     10:51 am         00111-0092-612133




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 111

    Amendment No. ___ (for drafter's use only)





  1  Insurance Study conducted by the agency.  A health flex plan

  2  may limit or exclude benefits otherwise required by law for

  3  insurers offering coverage in this state, cap the total amount

  4  of claims paid per year per enrollee, limit the number of

  5  enrollees, or any combination of the foregoing.

  6         (a)  The agency shall develop guidelines for the review

  7  of health flex plan applications and shall not approve or

  8  shall withdraw approval of plans which do not or no longer

  9  meet minimum quality of care and access to care standards.

10         (b)  The department shall develop guidelines for the

11  review of health flex plan applications and shall not approve

12  or shall withdraw approval of plans which:

13         1.  Contain any ambiguous, inconsistent or misleading

14  provisions, or exceptions or conditions that deceptively

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

16  general coverage provided by the health flex plan;

17         2.  Provide benefits that are unreasonable in relation

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

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

20  that encourage misrepresentation, or that result in unfair

21  discrimination in sales practices; or

22         3.  Cannot demonstrate that the health flex plan is

23  financially sound and that the applicant has the ability to

24  underwrite or finance the health care coverage provided.

25         (c)  The agency and the department are each authorized

26  to adopt rules as needed to implement this section.

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

28  under this section shall not be subject to the licensing

29  requirements of the Florida Insurance Code or chapter 641,

30  Florida Statutes, relating to health maintenance

31  organizations, unless expressly made applicable.  However, for

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    File original & 9 copies    03/06/02
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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 111

    Amendment No. ___ (for drafter's use only)





  1  the purposes of prohibiting unfair trade practices health flex

  2  plans shall be considered insurance subject to the applicable

  3  provisions of part IX of chapter 626, Florida Statutes, except

  4  as otherwise provided in this section.

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

  6  health flex plan is limited to Florida residents who:

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

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

  9  percent of the federal poverty level;

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

11  are not eligible for coverage through a public health

12  insurance program such as Medicare or Medicaid, or another

13  public health care program, such as KidCare, and have not been

14  covered at any time during the past 6 months; and

15         (d)  Have applied for health care coverage through an

16  approved health flex plan and agree to make any payments

17  required for participation, including periodic payments or

18  payments due at the time health care services are provided.

19         (6)  RECORDS.--Every health flex plan shall maintain

20  enrollment data, reasonable records of its loss, expense, and

21  claims experience, and shall make such records reasonably

22  available to enable the department to monitor and determine

23  the financial viability of the health flex plan, as necessary.

24  Provider networks and total enrollment by area shall be

25  reported to the agency biannually to enable the agency to

26  monitor access to care.

27          (7)  NOTICE.--The denial of coverage by a health flex

28  plan, or nonrenewal or cancellation of coverage, must be

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

30  cancellation.  Notice of nonrenewal or cancellation must be

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 111

    Amendment No. ___ (for drafter's use only)





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

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

  3  health flex plan fails to give the required notice, the health

  4  flex plan coverage shall remain in effect until notice is

  5  appropriately given.

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

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

  8  arise against the state, local government entity or other

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

10  to make coverage available to eligible persons under this

11  section.

12         (9)  PROGRAM EVALUATION.--The agency and the department

13  shall evaluate the pilot program and its impact on the

14  entities that seek approval as health flex plans, the number

15  of enrollees, the scope of health care coverage offered under

16  a health flex plan, and an assessment of the health flex plans

17  and their potential applicability in other settings, and

18  jointly submit a report to the Governor, the President of the

19  Senate, and the Speaker of the House of Representatives, no

20  later than January 1, 2004.

21         (10)  REPEAL.--Unless specifically reenacted by the

22  Legislature, this section shall stand repealed on July 1,

23  2004.

24         Section 2.  Paragraph (a) of subsection (2) of section

25  627.6425, Florida Statutes, is amended to read:

26         627.6425  Renewability of individual coverage.--

27         (2)  An insurer may nonrenew or discontinue health

28  insurance coverage of an individual in the individual market

29  based only on one or more of the following:

30         (a)  The individual has failed to pay premiums, or

31  contributions, or a required copayment payable to the insurer

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    File original & 9 copies    03/06/02
    hbd0011                     10:51 am         00111-0092-612133




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 111

    Amendment No. ___ (for drafter's use only)





  1  in accordance with the terms of the health insurance coverage

  2  or the insurer has not received timely premium payments. When

  3  the copayment is payable to the insurer and exceeds $300, the

  4  insurer shall allow the insured up to 90 days after the date

  5  of the procedure to pay the required copayment. The insurer

  6  shall print, in 10-point type on the Declaration of Benefits

  7  page, notification that the insured could be terminated for

  8  failure to make any required copayment to the insurer.

  9         Section 3.  This act shall take effect July 1, 2002.

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12  ================ T I T L E   A M E N D M E N T ===============

13  And the title is amended as follows:

14  remove everything before the enacting clause

15

16  and insert:

17                      A bill to be entitled

18         An act relating to health insurance; providing

19         legislative findings and intent and definitions

20         applicable to health flex plans; providing for

21         a pilot program for health flex plans for

22         certain uninsured persons; providing criteria

23         for approval of health flex plans; delineating

24         the responsibilities of the Agency for Health

25         Care Administration and the Department of

26         Insurance; exempting approved health flex plans

27         from certain regulatory requirements; providing

28         criteria for eligibility to enroll in a health

29         flex plan; requiring health flex plan entities

30         to maintain certain records; providing

31         requirements for denial, nonrenewal, or

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    File original & 9 copies    03/06/02
    hbd0011                     10:51 am         00111-0092-612133




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 111

    Amendment No. ___ (for drafter's use only)





  1         cancellation of coverage; specifying that

  2         coverage under an approved health flex plan is

  3         not an entitlement; requiring an evaluation and

  4         report; providing for subsequent repeal;

  5         amending s. 627.6425, F.S.; authorizing

  6         insurers to nonrenew or discontinue health

  7         insurance coverage for failure to pay certain

  8         copayments; providing procedures and

  9         requirements relating to certain copayments;

10         providing an effective date.

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    File original & 9 copies    03/06/02
    hbd0011                     10:51 am         00111-0092-612133