House Bill hb0913e1
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                                    CS/HB 913, First Engrossed/ntc
  1                      A bill to be entitled
  2         An act relating to health care; amending s.
  3         627.6699, F.S.; revising a definition;
  4         authorizing carriers to separate certain
  5         experience groups for certain purposes;
  6         providing limitations for rates under an
  7         alternative modified community rating under
  8         certain circumstances; requiring the Insurance
  9         Commissioner to appoint a health benefit plan
10         committee to modify the standard, basic, and
11         flexible health benefit plans; prohibiting
12         small employer carriers from using certain
13         policies, contracts, forms, or rates unless
14         filed with and approved by the Department of
15         Insurance pursuant to certain provisions;
16         restricting application of certain laws to
17         flexible benefit policies under certain
18         circumstances; authorizing offering or
19         delivering flexible benefit policies or
20         contracts to certain employers; providing
21         requirements for benefits in flexible benefit
22         policies or contracts for small employers;
23         providing an effective date.
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25         WHEREAS, the Legislature recognizes that the increasing
26  number of uninsured Floridians is due in part to small
27  employers' and their employees' inability to afford
28  comprehensive health insurance coverage, and
29         WHEREAS, the Legislature recognizes the need for small
30  employers and their employees to have the opportunity to
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                                    CS/HB 913, First Engrossed/ntc
  1  choose more affordable and flexible health insurance plans,
  2  and
  3         WHEREAS, it is the intent of the Legislature that
  4  insurers and health maintenance organizations have maximum
  5  flexibility in health plan design or in developing a health
  6  plan design to complement a medical savings account program
  7  established by a small employer for the benefit of its
  8  employees, NOW, THEREFORE,
  9
10  Be It Enacted by the Legislature of the State of Florida:
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12         Section 1.  Paragraph (m) of subsection (3), paragraph
13  (b) of subsection (6), paragraphs (a), (c), (d), and (e) of
14  subsection (12), and subsection (15) of section 627.6699,
15  Florida Statutes, are amended, and paragraphs (f) and (g) are
16  added to subsection (12) of said section, to read:
17         627.6699  Employee Health Care Access Act.--
18         (3)  DEFINITIONS.--As used in this section, the term:
19         (m)  "Flexible Limited benefit policy or contract"
20  means a policy or contract that provides coverage for each
21  person insured under the policy for a specifically named
22  disease or diseases, a specifically named accident, or a
23  specifically named limited market that fulfills a an
24  experimental or reasonable need by providing more affordable
25  health insurance to a small employer or a small employer
26  health alliance under s. 627.654, such as the small group
27  market.
28         (6)  RESTRICTIONS RELATING TO PREMIUM RATES.--
29         (b)  For all small employer health benefit plans that
30  are subject to this section and are issued by small employer
31  carriers on or after January 1, 1994, premium rates for health
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                                    CS/HB 913, First Engrossed/ntc
  1  benefit plans subject to this section are subject to the
  2  following:
  3         1.  Small employer carriers must use a modified
  4  community rating methodology in which the premium for each
  5  small employer must be determined solely on the basis of the
  6  eligible employee's and eligible dependent's gender, age,
  7  family composition, tobacco use, or geographic area as
  8  determined under paragraph (5)(j) and in which the premium may
  9  be adjusted as permitted by subparagraphs 5. and 6.
10         2.  Rating factors related to age, gender, family
11  composition, tobacco use, or geographic location may be
12  developed by each carrier to reflect the carrier's experience.
13  The factors used by carriers are subject to department review
14  and approval.
15         3.  Small employer carriers may not modify the rate for
16  a small employer for 12 months from the initial issue date or
17  renewal date, unless the composition of the group changes or
18  benefits are changed. However, a small employer carrier may
19  modify the rate one time prior to 12 months after the initial
20  issue date for a small employer who enrolls under a previously
21  issued group policy that has a common anniversary date for all
22  employers covered under the policy if:
23         a.  The carrier discloses to the employer in a clear
24  and conspicuous manner the date of the first renewal and the
25  fact that the premium may increase on or after that date.
26         b.  The insurer demonstrates to the department that
27  efficiencies in administration are achieved and reflected in
28  the rates charged to small employers covered under the policy.
29         4.  A carrier may issue a group health insurance policy
30  to a small employer health alliance or other group association
31  with rates that reflect a premium credit for expense savings
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                                    CS/HB 913, First Engrossed/ntc
  1  attributable to administrative activities being performed by
  2  the alliance or group association if such expense savings are
  3  specifically documented in the insurer's rate filing and are
  4  approved by the department.  Any such credit may not be based
  5  on different morbidity assumptions or on any other factor
  6  related to the health status or claims experience of any
  7  person covered under the policy. Nothing in this subparagraph
  8  exempts an alliance or group association from licensure for
  9  any activities that require licensure under the insurance
10  code. A carrier issuing a group health insurance policy to a
11  small employer health alliance or other group association
12  shall allow any properly licensed and appointed agent of that
13  carrier to market and sell the small employer health alliance
14  or other group association policy. Such agent shall be paid
15  the usual and customary commission paid to any agent selling
16  the policy.
17         5.  Any adjustments in rates for claims experience,
18  health status, or duration of coverage may not be charged to
19  individual employees or dependents. For a small employer's
20  policy, such adjustments may not result in a rate for the
21  small employer which deviates more than 15 percent from the
22  carrier's approved rate. Any such adjustment must be applied
23  uniformly to the rates charged for all employees and
24  dependents of the small employer. A small employer carrier may
25  make an adjustment to a small employer's renewal premium, not
26  to exceed 10 percent annually, due to the claims experience,
27  health status, or duration of coverage of the employees or
28  dependents of the small employer. Semiannually, small group
29  carriers shall report information on forms adopted by rule by
30  the department, to enable the department to monitor the
31  relationship of aggregate adjusted premiums actually charged
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                                    CS/HB 913, First Engrossed/ntc
  1  policyholders by each carrier to the premiums that would have
  2  been charged by application of the carrier's approved modified
  3  community rates. If the aggregate resulting from the
  4  application of such adjustment exceeds the premium that would
  5  have been charged by application of the approved modified
  6  community rate by 5 percent for the current reporting period,
  7  the carrier shall limit the application of such adjustments
  8  only to minus adjustments beginning not more than 60 days
  9  after the report is sent to the department. For any subsequent
10  reporting period, if the total aggregate adjusted premium
11  actually charged does not exceed the premium that would have
12  been charged by application of the approved modified community
13  rate by 5 percent, the carrier may apply both plus and minus
14  adjustments. A small employer carrier may provide a credit to
15  a small employer's premium based on administrative and
16  acquisition expense differences resulting from the size of the
17  group. Group size administrative and acquisition expense
18  factors may be developed by each carrier to reflect the
19  carrier's experience and are subject to department review and
20  approval.
21         6.  A small employer carrier rating methodology may
22  include separate rating categories for one dependent child,
23  for two dependent children, and for three or more dependent
24  children for family coverage of employees having a spouse and
25  dependent children or employees having dependent children
26  only. A small employer carrier may have fewer, but not
27  greater, numbers of categories for dependent children than
28  those specified in this subparagraph.
29         7.  Small employer carriers may not use a composite
30  rating methodology to rate a small employer with fewer than 10
31  employees. For the purposes of this subparagraph, a "composite
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  1  rating methodology" means a rating methodology that averages
  2  the impact of the rating factors for age and gender in the
  3  premiums charged to all of the employees of a small employer.
  4         8.a.  A carrier may separate the experience of small
  5  employer groups with less than 2 eligible employees from the
  6  experience of small employer groups with 2-50 eligible
  7  employees for purposes of determining an alternative modified
  8  community rating.
  9         b.  If a carrier separates the experience of small
10  employer groups as provided in sub-subparagraph a., the rate
11  to be charged to small employer groups of less than 2 eligible
12  employees may not exceed 150 percent of the rate determined
13  for small employer groups of 2-50 eligible employees. However,
14  the carrier may charge excess losses of the experience pool
15  consisting of small employer groups with less than 2 eligible
16  employees to the experience pool consisting of small employer
17  groups with 2-50 eligible employees so that all losses are
18  allocated and the 150-percent rate limit on the experience
19  pool consisting of small employer groups with less than 2
20  eligible employees is maintained. Notwithstanding s.
21  627.411(1), the rate to be charged to a small employer group
22  of fewer than 2 eligible employees, insured as of July 1,
23  2002, may be up to 125 percent of the rate determined for
24  small employer groups of 2-50 eligible employees for the first
25  annual renewal and 150 percent for subsequent annual renewals.
26         (12)  STANDARD, BASIC, AND FLEXIBLE LIMITED HEALTH
27  BENEFIT PLANS.--
28         (a)1.  By May 15, 1993, the commissioner shall appoint
29  a health benefit plan committee composed of four
30  representatives of carriers which shall include at least two
31  representatives of HMOs, at least one of which is a staff
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  1  model HMO, two representatives of agents, four representatives
  2  of small employers, and one employee of a small employer.  The
  3  carrier members shall be selected from a list of individuals
  4  recommended by the board.  The commissioner may require the
  5  board to submit additional recommendations of individuals for
  6  appointment.
  7         2.  The plans shall comply with all of the requirements
  8  of this subsection.
  9         3.  The plans must be filed with and approved by the
10  department prior to issuance or delivery by any small employer
11  carrier.
12         4.  Before October 1, 2003, and in every fourth year
13  thereafter, the commissioner shall appoint a new health
14  benefit plan committee in the manner provided in subparagraph
15  1. to determine if modifications to a plan might be
16  appropriate and to submit recommended modifications to the
17  department for approval.  Such determination shall be based
18  upon prevailing industry standards regarding managed care and
19  cost containment provisions and shall be for the purpose of
20  ensuring that the benefit plans offered to small employers on
21  a guaranteed issue basis are consistent with the low-priced to
22  mid-priced benefit plans offered in the large group market.
23  Each new health benefit plan committee shall evaluate the
24  implementation of this act and its impact on the entities that
25  provide the plans, the number of enrollees, the participants
26  covered by the plans and their access to care, the scope of
27  health care coverage offered under the plans, and an
28  assessment of the plans. This determination shall be included
29  in a report submitted to the President of the Senate and the
30  Speaker of the House of Representatives annually by October 1.
31  After approval of the revised health benefit plans, if the
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                                    CS/HB 913, First Engrossed/ntc
  1  department determines that modifications to a plan might be
  2  appropriate, the commissioner shall appoint a new health
  3  benefit plan committee in the manner provided in subparagraph
  4  1. to submit recommended modifications to the department for
  5  approval.
  6         (c)  If a small employer rejects, in writing, the
  7  standard health benefit plan and the basic health benefit
  8  plan, the small employer carrier may offer the small employer
  9  a flexible limited benefit policy or contract.
10         (d)1.  Upon offering coverage under a standard health
11  benefit plan, a basic health benefit plan, or a flexible
12  limited benefit policy or contract for any small employer, the
13  small employer carrier shall provide such employer group with
14  a written statement that contains, at a minimum:
15         a.  An explanation of those mandated benefits and
16  providers that are not covered by the policy or contract;
17         b.  An explanation of the managed care and cost control
18  features of the policy or contract, along with all appropriate
19  mailing addresses and telephone numbers to be used by insureds
20  in seeking information or authorization; and
21         c.  An explanation of the primary and preventive care
22  features of the policy or contract.
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24  Such disclosure statement must be presented in a clear and
25  understandable form and format and must be separate from the
26  policy or certificate or evidence of coverage provided to the
27  employer group.
28         2.  Before a small employer carrier issues a standard
29  health benefit plan, a basic health benefit plan, or a limited
30  benefit policy or contract, it must obtain from the
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  1  prospective policyholder a signed written statement in which
  2  the prospective policyholder:
  3         a.  Certifies as to eligibility for coverage under the
  4  standard health benefit plan, basic health benefit plan, or
  5  limited benefit policy or contract;
  6         b.  Acknowledges the limited nature of the coverage and
  7  an understanding of the managed care and cost control features
  8  of the policy or contract;
  9         c.  Acknowledges that if misrepresentations are made
10  regarding eligibility for coverage under a standard health
11  benefit plan, a basic health benefit plan, or a limited
12  benefit policy or contract, the person making such
13  misrepresentations forfeits coverage provided by the policy or
14  contract; and
15         d.  If a flexible benefit policy or contract limited
16  plan is requested, acknowledges that the prospective
17  policyholder had been offered, at the time of application for
18  the insurance policy or contract, the opportunity to purchase
19  any health benefit plan offered by the carrier and that the
20  prospective policyholder had rejected that coverage.
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22  A copy of such written statement shall be provided to the
23  prospective policyholder no later than at the time of delivery
24  of the policy or contract, and the original of such written
25  statement shall be retained in the files of the small employer
26  carrier for the period of time that the policy or contract
27  remains in effect or for 5 years, whichever period is longer.
28         3.  Any material statement made by an applicant for
29  coverage under a health benefit plan which falsely certifies
30  as to the applicant's eligibility for coverage serves as the
31  basis for terminating coverage under the policy or contract.
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  1         4.  Each marketing communication that is intended to be
  2  used in the marketing of a health benefit plan in this state
  3  must be submitted for review by the department prior to use
  4  and must contain the disclosures stated in this subsection.
  5         5.  The contract, policy, and certificates evidencing
  6  coverage under a flexible benefit policy or contract and the
  7  application for coverage under such plans must state in not
  8  less than 10 point type on the first page in contrasting color
  9  the following:  "The benefits provided by this health plan are
10  limited and may not cover all of your medical needs. You
11  should carefully review the benefits offered under this health
12  plan."
13         (e)  A small employer carrier may not use any policy,
14  contract, form, or rate under this section, including
15  applications, enrollment forms, policies, contracts,
16  certificates, evidences of coverage, riders, amendments,
17  endorsements, and disclosure forms, until the carrier insurer
18  has filed it with the department and the department has
19  approved it under ss. 627.410, and 627.411, and 641.31. and
20  this section.
21         (f)  A flexible benefit policy or contract must have an
22  annual maximum benefit of $10,000 or greater and such benefit
23  shall be disclosed in 10-point type in contrasting color.
24         (g)  A mandatory offer for catastrophic coverage shall
25  be provided by the carriers to employers whenever a flexible
26  benefit policy of contract is offered.
27         (15)  APPLICABILITY OF OTHER STATE LAWS.--
28         (a)  Except as expressly provided in this section, a
29  law requiring coverage for a specific health care service or
30  benefit, or a law requiring reimbursement, utilization, or
31  consideration of a specific category of licensed health care
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  1  practitioner, does not apply to a standard or basic health
  2  benefit plan policy or contract or a flexible limited benefit
  3  policy or contract offered or delivered to a small employer
  4  unless that law is made expressly applicable to such policies
  5  or contracts. A law restricting or limiting deductibles,
  6  coinsurance, copayments, or annual or lifetime maximum
  7  payments does not apply to any health plan policy, including a
  8  standard or basic health benefit plan policy or contract or a
  9  flexible benefit policy or contract, offered or delivered to a
10  small employer unless such law is made expressly applicable to
11  such policy or contract. When any flexible benefit health
12  insurance policy or flexible benefit contract provides for the
13  payment for medical expense benefits or procedures, such
14  policy or contract shall be construed to include payment to a
15  licensed physician who provides the medical service benefits
16  or procedures which are within the scope of a licensed
17  physician's license. Any limitation or condition placed upon
18  payment to, or upon services, diagnosis, or treatment by, any
19  licensed physician shall apply equally to all licensed
20  physicians without unfair discrimination to the usual and
21  customary treatment procedures of any class of physicians.
22         (b)  Except as provided in this section, a standard or
23  basic health benefit plan policy or contract or flexible
24  limited benefit policy or contract offered to a small employer
25  is not subject to any provision of this code which:
26         1.  Inhibits a small employer carrier from contracting
27  with providers or groups of providers with respect to health
28  care services or benefits;
29         2.  Imposes any restriction on a small employer
30  carrier's ability to negotiate with providers regarding the
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                                    CS/HB 913, First Engrossed/ntc
  1  level or method of reimbursing care or services provided under
  2  a health benefit plan; or
  3         3.  Requires a small employer carrier to either include
  4  a specific provider or class of providers when contracting for
  5  health care services or benefits or to exclude any class of
  6  providers that is generally authorized by statute to provide
  7  such care.
  8         (c)  Any second tier assessment paid by a carrier
  9  pursuant to paragraph (11)(j) may be credited against
10  assessments levied against the carrier pursuant to s.
11  627.6494.
12         (d)  Notwithstanding chapter 641, a health maintenance
13  organization is authorized to issue contracts providing
14  benefits equal to the standard health benefit plan, the basic
15  health benefit plan, and the flexible limited benefit policy
16  authorized by this section.
17         Section 2.  This act shall take effect October 1, 2002.
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