CODING: Words stricken are deletions; words underlined are additions.
                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 913, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________
  5                                           ORIGINAL STAMP BELOW
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10  ______________________________________________________________
11  Representative(s) Sobel offered the following:
12
13         Amendment (with directory language and title
14  amendments) 
15         On page 8, line 6, through page 12, line 16,
16  remove:  all of said lines,
17
18  and insert:
19         (b)1.  Each small employer carrier issuing new health
20  benefit plans shall offer to any small employer, upon request,
21  a standard health benefit plan and a basic health benefit plan
22  that meets the criteria set forth in this section.
23         2.  For purposes of this subsection, the terms
24  "standard health benefit plan" and "basic health benefit plan"
25  mean policies or contracts that a small employer carrier
26  offers to eligible small employers that contain:
27         a.  An exclusion for services that are not medically
28  necessary or that are not covered preventive health services;
29  and
30         b.  A procedure for preauthorization by the small
31  employer carrier, or its designees.
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                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 913, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1         3.  A small employer carrier may include the following
  2  managed care provisions in the policy or contract to control
  3  costs:
  4         a.  A preferred provider arrangement or exclusive
  5  provider organization or any combination thereof, in which a
  6  small employer carrier enters into a written agreement with
  7  the provider to provide services at specified levels of
  8  reimbursement or to provide reimbursement to specified
  9  providers. Any such written agreement between a provider and a
10  small employer carrier must contain a provision under which
11  the parties agree that the insured individual or covered
12  member has no obligation to make payment for any medical
13  service rendered by the provider which is determined not to be
14  medically necessary.  A carrier may use preferred provider
15  arrangements or exclusive provider arrangements to the same
16  extent as allowed in group products that are not issued to
17  small employers.
18         b.  A procedure for utilization review by the small
19  employer carrier or its designees.
20
21  This subparagraph does not prohibit a small employer carrier
22  from including in its policy or contract additional managed
23  care and cost containment provisions, subject to the approval
24  of the department, which have potential for controlling costs
25  in a manner that does not result in inequitable treatment of
26  insureds or subscribers.  The carrier may use such provisions
27  to the same extent as authorized for group products that are
28  not issued to small employers.
29         4.  The standard health benefit plan and any flexible
30  benefit policy or contract shall include:
31         a.  Coverage for inpatient hospitalization;
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                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 913, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1         b.  Coverage for outpatient services;
  2         c.  Coverage for newborn children pursuant to s.
  3  627.6575;
  4         d.  Coverage for child care supervision services
  5  pursuant to s. 627.6579;
  6         e.  Coverage for adopted children upon placement in the
  7  residence pursuant to s. 627.6578;
  8         f.  Coverage for mammograms pursuant to s. 627.6613;
  9         g.  Coverage for handicapped children pursuant to s.
10  627.6615;
11         h.  Emergency or urgent care out of the geographic
12  service area; and
13         i.  Coverage for services provided by a hospice
14  licensed under s. 400.602 in cases where such coverage would
15  be the most appropriate and the most cost-effective method for
16  treating a covered illness.
17         5.  The standard health benefit plan and the basic
18  health benefit plan may include a schedule of benefit
19  limitations for specified services and procedures.  If the
20  committee develops such a schedule of benefits limitation for
21  the standard health benefit plan or the basic health benefit
22  plan, a small employer carrier offering the plan must offer
23  the employer an option for increasing the benefit schedule
24  amounts by 4 percent annually.
25         6.  The basic health benefit plan shall include all of
26  the benefits specified in subparagraph 4.; however, the basic
27  health benefit plan shall place additional restrictions on the
28  benefits and utilization and may also impose additional cost
29  containment measures.
30         7.  Sections 627.419(2), (3), and (4), 627.6574,
31  627.6612, 627.66121, 627.66122, 627.6616, 627.6618, 627.668,
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                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 913, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  627.66911, 627.4239, 627.65755, 627.6691, 627.4232, 627.42395,
  2  627.65745, 627.667, 627.6617, 627.669, 641.51(8),
  3  627.6472(18), 627.662, 641.19(13)(e), 627.6471, 627.6472,
  4  627.6045, 627.607 and 627.6619 apply to the standard health
  5  benefit plan, to any flexible benefit policy or contract, and
  6  to the basic health benefit plan. However, notwithstanding
  7  said provisions, the plans may specify limits on the number of
  8  authorized treatments, if such limits are reasonable and do
  9  not discriminate against any type of provider.
10         8.  Each small employer carrier that provides for
11  inpatient and outpatient services by allopathic hospitals may
12  provide as an option of the insured similar inpatient and
13  outpatient services by hospitals accredited by the American
14  Osteopathic Association when such services are available and
15  the osteopathic hospital agrees to provide the service.
16         (c)  If a small employer rejects, in writing, the
17  standard health benefit plan and the basic health benefit
18  plan, the small employer carrier may offer the small employer
19  a flexible limited benefit policy or contract.
20         (d)1.  Upon offering coverage under a standard health
21  benefit plan, a basic health benefit plan, or a flexible
22  limited benefit policy or contract for any small employer, the
23  small employer carrier shall disclose in writing to the
24  provide such employer group with a written statement that
25  contains, at a minimum:
26         a.  An explanation of those mandated benefits and
27  providers that are not covered by the policy or contract;
28         a.b.  An outline of coverage together explanation of
29  the managed care and cost control features of the policy or
30  contract, along with all appropriate mailing addresses and
31  telephone numbers to be used by insureds in seeking
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                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 913, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  information or authorization.; and
  2         b.c.  An explanation of The primary and preventive care
  3  features of the policy or contract.
  4
  5  Such disclosure statement must be presented in a clear and
  6  understandable form and format and must be separate from the
  7  policy or certificate or evidence of coverage provided to the
  8  employer group.
  9         2.  Before a small employer carrier issues a standard
10  health benefit plan, a basic health benefit plan, or a limited
11  benefit policy or contract, it must obtain from the
12  prospective policyholder a signed written statement in which
13  the prospective policyholder:
14         a.  Certifies as to eligibility for coverage under the
15  standard health benefit plan, basic health benefit plan, or
16  limited benefit policy or contract;
17         c.b.  Acknowledges The limited nature of the coverage
18  and an understanding of the managed care and cost control
19  features of the policy or contract.;
20         c.  Acknowledges that if misrepresentations are made
21  regarding eligibility for coverage under a standard health
22  benefit plan, a basic health benefit plan, or a limited
23  benefit policy or contract, the person making such
24  misrepresentations forfeits coverage provided by the policy or
25  contract; and
26         2.d.  If a flexible benefit policy or contract limited
27  plan is requested, the prospective policyholder must
28  acknowledge in writing acknowledges that he or she the
29  prospective policyholder had been offered, at the time of
30  application for the insurance policy or contract, the
31  opportunity to purchase any health benefit plan offered by the
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                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 913, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  carrier and that the prospective policyholder had rejected
  2  that coverage.
  3
  4  A copy of such written statement shall be provided to the
  5  prospective policyholder no later than at the time of delivery
  6  of the policy or contract, and the original of such written
  7  statement shall be retained in the files of the small employer
  8  carrier for the period of time that the policy or contract
  9  remains in effect or for 5 years, whichever period is longer.
10         3.  Any material statement made by an applicant for
11  coverage under a health benefit plan which falsely certifies
12  as to the applicant's eligibility for coverage serves as the
13  basis for terminating coverage under the policy or contract.
14         3.4.  Each marketing communication that is intended to
15  be used in the marketing of a health benefit plan in this
16  state must be submitted for review by the department prior to
17  use and must contain the disclosures stated in this
18  subsection.
19         4.  The contract, policy, and certificates evidencing
20  coverage under a flexible benefit policy or contract and the
21  application for coverage under such plans must state in not
22  less than 12-point bold type on the first page in contrasting
23  color the following:  "The benefits provided by this health
24  plan are limited and may not cover all of your medical needs.
25  You should carefully review the benefits offered under this
26  health plan."
27         (e)  A small employer carrier may not use any policy,
28  contract, form, or rate under this section, including
29  applications, enrollment forms, policies, contracts,
30  certificates, evidences of coverage, riders, amendments,
31  endorsements, and disclosure forms, until the carrier insurer
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                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 913, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  has filed it with the department and the department has
  2  approved it under ss. 627.410, and 627.411, and 641.31 and
  3  this section.
  4         (f)  A flexible benefit policy or contract must have an
  5  annual maximum benefit of $100,000 or greater and a lifetime
  6  benefit of $500,000 or greater and such benefit shall be
  7  disclosed in 12-point bold type in contrasting color.
  8         (15)  APPLICABILITY OF OTHER STATE LAWS.--
  9         (a)  Except as expressly provided in this section, a
10  law requiring coverage for a specific health care service or
11  benefit, or a law requiring reimbursement, utilization, or
12  consideration of a specific category of licensed health care
13  practitioner, does not apply to a standard or basic health
14  benefit plan policy or contract or a flexible limited benefit
15  policy or contract offered or delivered to a small employer
16  unless that law is made expressly applicable to such policies
17  or contracts. A law restricting or limiting deductibles,
18  coinsurance, copayments, or annual or lifetime maximum
19  payments does not apply to any health plan policy, including a
20  standard or basic health benefit plan policy or contract or a
21  flexible benefit policy or contract, offered or delivered to a
22  small employer unless such law is made expressly applicable to
23  such policy or contract. When any flexible benefit health
24  insurance policy or flexible benefit contract provides for the
25  payment for medical expense benefits or procedures, such
26  policy or contract shall be construed to include payment to a
27  licensed physician or licensed dentist who provides the
28  medical service benefits or procedures which are within the
29  scope of a licensed physician's license or licensed dentist's
30  license. Any limitation or condition placed upon payment to,
31  or upon services, diagnosis, or treatment by, any licensed
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                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 913, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  physician shall or licensed dentist apply equally to all
  2  licensed physicians without unfair discrimination to the usual
  3  and customary treatment procedures of any class of physicians
  4  or licensed dentist.
  5         (b)  Except as provided in this section, a standard or
  6  basic health benefit plan policy or contract or flexible
  7  limited benefit policy or contract offered to a small employer
  8  is not subject to any provision of this code which:
  9         1.  Inhibits a small employer carrier from contracting
10  with providers or groups of providers with respect to health
11  care services or benefits;
12         2.  Imposes any restriction on a small employer
13  carrier's ability to negotiate with providers regarding the
14  level or method of reimbursing care or services provided under
15  a health benefit plan; or
16         3.  Requires a small employer carrier to either include
17  a specific provider or class of providers when contracting for
18  health care services or benefits or to exclude any class of
19  providers that is generally authorized by statute to provide
20  such care.
21         (c)  Any second tier assessment paid by a carrier
22  pursuant to paragraph (11)(j) may be credited against
23  assessments levied against the carrier pursuant to s.
24  627.6494.
25         (d)  Notwithstanding chapter 641, a health maintenance
26  organization is authorized to issue contracts providing
27  benefits to a small employer equal to the standard health
28  benefit plan, the basic health benefit plan, and the flexible
29  limited benefit policy authorized by this section.  Flexible
30  benefit policies offered by health maintenance organizations
31  shall contain all group health provisions required under
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    hmo0011                     07:38 pm         00913-0100-380629
                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 913, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  chapter 641.
  2
  3
  4  == D I R E C T O R Y   L A N G U A G E   A M E N D M E N T ==
  5  And the directory language is amended as follows:
  6         On page 2, lines 13-16,
  7  remove:  all of said lines,
  8
  9  and insert:  (b) of subsection (6), and subsections (12) and
10  (15) of section 627.6699, Florida Statutes, are amended to
11  read:
12
13
14  ================ T I T L E   A M E N D M E N T ===============
15  And the title is amended as follows:
16         On page 1, line 11, after the semicolon,
17
18  insert:
19         revising certain disclosure requirements;
20         providing additional notice requirements;
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