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, and 627.6619 apply to the standard health benefit
  3  plan, to any flexible benefit policy or contract, and to the
  4  basic health benefit plan. However, notwithstanding said
  5  provisions, the plans may specify limits on the number of
  6  authorized treatments, if such limits are reasonable and do
  7  not discriminate against any type of provider.
  8         8.  Each small employer carrier that provides for
  9  inpatient and outpatient services by allopathic hospitals may
10  provide as an option of the insured similar inpatient and
11  outpatient services by hospitals accredited by the American
12  Osteopathic Association when such services are available and
13  the osteopathic hospital agrees to provide the service.
14         (c)  If a small employer rejects, in writing, the
15  standard health benefit plan and the basic health benefit
16  plan, the small employer carrier may offer the small employer
17  a flexible limited benefit policy or contract.
18         (d)1.  Upon offering coverage under a standard health
19  benefit plan, a basic health benefit plan, or a flexible
20  limited benefit policy or contract for any small employer, the
21  small employer carrier shall disclose in writing to the
22  provide such employer group with a written statement that
23  contains, at a minimum:
24         a.  An explanation of those mandated benefits and
25  providers that are not covered by the policy or contract;
26         a.b.  An outline of coverage together explanation of
27  the managed care and cost control features of the policy or
28  contract, along with all appropriate mailing addresses and
29  telephone numbers to be used by insureds in seeking
30  information or authorization.; and
31         b.c.  An explanation of The primary and preventive care
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                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 913, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  features of the policy or contract.
  2
  3  Such disclosure statement must be presented in a clear and
  4  understandable form and format and must be separate from the
  5  policy or certificate or evidence of coverage provided to the
  6  employer group.
  7         2.  Before a small employer carrier issues a standard
  8  health benefit plan, a basic health benefit plan, or a limited
  9  benefit policy or contract, it must obtain from the
10  prospective policyholder a signed written statement in which
11  the prospective policyholder:
12         a.  Certifies as to eligibility for coverage under the
13  standard health benefit plan, basic health benefit plan, or
14  limited benefit policy or contract;
15         c.b.  Acknowledges The limited nature of the coverage
16  and an understanding of the managed care and cost control
17  features of the policy or contract.;
18         c.  Acknowledges that if misrepresentations are made
19  regarding eligibility for coverage under a standard health
20  benefit plan, a basic health benefit plan, or a limited
21  benefit policy or contract, the person making such
22  misrepresentations forfeits coverage provided by the policy or
23  contract; and
24         2.d.  If a flexible benefit policy or contract limited
25  plan is requested, the prospective policyholder must
26  acknowledge in writing acknowledges that he or she the
27  prospective policyholder had been offered, at the time of
28  application for the insurance policy or contract, the
29  opportunity to purchase any health benefit plan offered by the
30  carrier and that the prospective policyholder had rejected
31  that coverage.
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                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 913, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1
  2  A copy of such written statement shall be provided to the
  3  prospective policyholder no later than at the time of delivery
  4  of the policy or contract, and the original of such written
  5  statement shall be retained in the files of the small employer
  6  carrier for the period of time that the policy or contract
  7  remains in effect or for 5 years, whichever period is longer.
  8         3.  Any material statement made by an applicant for
  9  coverage under a health benefit plan which falsely certifies
10  as to the applicant's eligibility for coverage serves as the
11  basis for terminating coverage under the policy or contract.
12         3.4.  Each marketing communication that is intended to
13  be used in the marketing of a health benefit plan in this
14  state must be submitted for review by the department prior to
15  use and must contain the disclosures stated in this
16  subsection.
17         4.  The contract, policy, and certificates evidencing
18  coverage under a flexible benefit policy or contract and the
19  application for coverage under such plans must state in not
20  less than 12-point bold type on the first page in contrasting
21  color the following:  "The benefits provided by this health
22  plan are limited and may not cover all of your medical needs.
23  You should carefully review the benefits offered under this
24  health plan."
25         (e)  A small employer carrier may not use any policy,
26  contract, form, or rate under this section, including
27  applications, enrollment forms, policies, contracts,
28  certificates, evidences of coverage, riders, amendments,
29  endorsements, and disclosure forms, until the carrier insurer
30  has filed it with the department and the department has
31  approved it under ss. 627.410, and 627.411, and 641.31 and
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                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 913, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1  this section.
  2         (f)  A flexible benefit policy or contract must have an
  3  annual maximum benefit of $150,000 or greater and a lifetime
  4  benefit of $500,000 or greater and such benefit shall be
  5  disclosed in 12-point bold type in contrasting color.
  6         (15)  APPLICABILITY OF OTHER STATE LAWS.--
  7         (a)  Except as expressly provided in this section, a
  8  law requiring coverage for a specific health care service or
  9  benefit, or a law requiring reimbursement, utilization, or
10  consideration of a specific category of licensed health care
11  practitioner, does not apply to a standard or basic health
12  benefit plan policy or contract or a flexible limited benefit
13  policy or contract offered or delivered to a small employer
14  unless that law is made expressly applicable to such policies
15  or contracts. A law restricting or limiting deductibles,
16  coinsurance, copayments, or annual or lifetime maximum
17  payments does not apply to any health plan policy, including a
18  standard or basic health benefit plan policy or contract or a
19  flexible benefit policy or contract, offered or delivered to a
20  small employer unless such law is made expressly applicable to
21  such policy or contract. When any flexible benefit health
22  insurance policy or flexible benefit contract provides for the
23  payment for medical expense benefits or procedures, such
24  policy or contract shall be construed to include payment to a
25  licensed physician who provides the medical service benefits
26  or procedures which are within the scope of a licensed
27  physician's license. Any limitation or condition placed upon
28  payment to, or upon services, diagnosis, or treatment by, any
29  licensed physician shall apply equally to all licensed
30  physicians without unfair discrimination to the usual and
31  customary treatment procedures of any class of physicians.
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                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 913, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1         (b)  Except as provided in this section, a standard or
  2  basic health benefit plan policy or contract or flexible
  3  limited benefit policy or contract offered to a small employer
  4  is not subject to any provision of this code which:
  5         1.  Inhibits a small employer carrier from contracting
  6  with providers or groups of providers with respect to health
  7  care services or benefits;
  8         2.  Imposes any restriction on a small employer
  9  carrier's ability to negotiate with providers regarding the
10  level or method of reimbursing care or services provided under
11  a health benefit plan; or
12         3.  Requires a small employer carrier to either include
13  a specific provider or class of providers when contracting for
14  health care services or benefits or to exclude any class of
15  providers that is generally authorized by statute to provide
16  such care.
17         (c)  Any second tier assessment paid by a carrier
18  pursuant to paragraph (11)(j) may be credited against
19  assessments levied against the carrier pursuant to s.
20  627.6494.
21         (d)  Notwithstanding chapter 641, a health maintenance
22  organization is authorized to issue contracts providing
23  benefits to a small employer equal to the standard health
24  benefit plan, the basic health benefit plan, and the flexible
25  limited benefit policy authorized by this section.  Flexible
26  benefit policies shall contain all group health provisions
27  required under chapter 641.
28
29
30  == 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 ==
31  And the directory language is amended as follows:
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                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 913, 1st Eng.
    Amendment No. ___ (for drafter's use only)
  1         On page 2, lines 13-16,
  2  remove:  all of said lines,
  3
  4  and insert:  (b) of subsection (6), and subsections (12) and
  5  (15) of section 627.6699, Florida Statutes, are amended to
  6  read:
  7
  8
  9  ================ T I T L E   A M E N D M E N T ===============
10  And the title is amended as follows:
11         On page 1, line 11, after the semicolon,
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13  insert:
14         revising certain disclosure requirements;
15         providing additional notice requirements;
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