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CHAMBER ACTION |
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The Committee on Insurance recommends the following: |
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Committee Substitute |
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Remove the entire bill and insert: |
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A bill to be entitled |
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An act relating to health insurance; amending s. 395.301, |
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F.S.; requiring certain licensed facilities to make |
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certain information public electronically; requiring |
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notice; providing requirements; requiring health care |
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facilities to provide patients with reasonable estimates |
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of prospective charges; amending s. 408.909, F.S.; |
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revising a definition; authorizing plans to limit the term |
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of coverage; extending the required period without |
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coverage before participation eligibility; extending a |
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program expiration date; amending s. 627.410, F.S.; |
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exempting individuals and certain groups from laws |
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restricting or limiting coinsurance, copayments, or annual |
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or lifetime maximum payments; amending s. 627.6487, F.S.; |
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revising a definition of "eligible individual" for |
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purposes of availability of individual health insurance |
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coverage; authorizing insurers to impose certain |
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surcharges or premium charges for creditable coverage |
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earned in certain states; amending s. 627.6561, F.S.; |
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requiring additional information in a certification |
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relating to certain creditable coverage for purposes of |
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eligibility for exclusion from preexisting condition |
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requirements; amending s. 627.667, F.S.; deleting a |
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limitation on certain application of extension of benefits |
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provisions; amending s. 627.6692, F.S.; extending a time |
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period for continuation of certain coverage under group |
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health plans; amending s. 627.6699, F.S.; revising certain |
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definitions; revising enrollment period criteria for |
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certain health benefit plans; requiring small employers to |
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provide certain health benefit plan information to |
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employees; providing a limitation; revising certain rate |
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adjustment criteria; authorizing separation of experience |
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of certain small employer groups for certain purposes; |
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amending s. 641.31, F.S.; specifying nonapplication of |
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certain health maintenance contract filing requirements to |
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certain group health insurance policies, with exceptions; |
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creating s. 641.31075, F.S.; providing compliance |
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requirements for health maintenance organizations |
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replacing certain coverages; amending s. 641.3111, F.S.; |
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providing additional requirements for extension of |
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benefits under group health maintenance contracts; |
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providing severability; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Subsection (7) is added to section 395.301, |
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Florida Statutes, to read: |
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395.301 Itemized patient bill; form and content prescribed |
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by the agency.-- |
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(7)(a) Each licensed facility not operated by the state |
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shall make available to the public on its Internet website or by |
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other electronic means its master list of charges and codes and |
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a description of services of the top 100 diagnosis-related |
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groups discharged from the hospital for that year using the CMS |
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grouper applicable to that year and the top 100 outpatient |
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occasions of diagnostic and therapeutic procedures performed |
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using the Healthcare Common Procedure Coding System. For |
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purposes of this paragraph, "CMS grouper" means a system of |
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classification used by the Centers for Medicare and Medicaid |
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Services to assign an inpatient discharge into a diagnosis- |
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related group based on diagnosis codes, procedure codes, and |
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demographic information. The facility shall place a notice in |
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the reception areas that such information is available |
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electronically. The facility’s list of charges and codes and the |
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description of services shall be consistent with federal |
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electronic transmission uniform standards under the Health |
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Insurance Portability and Accountability Act (HIPAA). Changes to |
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the data shall be posted at least 30 days prior to |
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implementation of changes.
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(b) A health care facility shall, upon request, furnish a |
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prospective patient, prior to provision of medical services, a |
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reasonable estimate of charges for such services. Such estimate |
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shall not preclude the health care facility from exceeding the |
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estimate or making additional charges based on changes in the |
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patient’s condition or treatment needs.
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Section 2. Paragraph (e) of subsection (2), subsection |
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(3), paragraph (c) of subsection (5), and subsection (10) of |
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section 408.909, Florida Statutes, are amended to read: |
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408.909 Health flex plans.-- |
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(2) DEFINITIONS.--As used in this section, the term: |
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(e) "Health flex plan" means a health plan approved under |
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subsection (3) which guarantees payment for specified health |
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care coverage provided to the enrollee who purchases coverage |
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directly from the plan or through a small business purchasing |
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arrangement sponsored by a local government. |
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(3) PILOT PROGRAM.--The agency and the department shall |
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each approve or disapprove health flex plans that provide health |
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care coverage for eligible participants who reside in the three |
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areas of the state that have the highest number of uninsured |
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persons, as identified in the Florida Health Insurance Study |
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conducted by the agency and in Indian River County. A health |
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flex plan may limit or exclude benefits otherwise required by |
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law for insurers offering coverage in this state, may cap the |
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total amount of claims paid per year per enrollee, may limit the |
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number of enrollees or the term of coverage, or may take any |
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combination of those actions. |
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(a) The agency shall develop guidelines for the review of |
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applications for health flex plans and shall disapprove or |
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withdraw approval of plans that do not meet or no longer meet |
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minimum standards for quality of care and access to care. |
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(b) The department shall develop guidelines for the review |
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of health flex plan applications and shall disapprove or shall |
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withdraw approval of plans that: |
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1. Contain any ambiguous, inconsistent, or misleading |
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provisions or any exceptions or conditions that deceptively |
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affect or limit the benefits purported to be assumed in the |
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general coverage provided by the health flex plan; |
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2. Provide benefits that are unreasonable in relation to |
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the premium charged or contain provisions that are unfair or |
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inequitable or contrary to the public policy of this state, that |
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encourage misrepresentation, or that result in unfair |
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discrimination in sales practices; or |
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3. Cannot demonstrate that the health flex plan is |
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financially sound and that the applicant is able to underwrite |
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or finance the health care coverage provided. |
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(c) The agency and the department may adopt rules as |
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needed to administer this section. |
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(5) ELIGIBILITY.--Eligibility to enroll in an approved |
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health flex plan is limited to residents of this state who: |
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(c) Are not covered by a private insurance policy and are |
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not eligible for coverage through a public health insurance |
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program, such as Medicare or Medicaid, or another public health |
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care program, such as KidCare, and have not been covered at any |
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time during the past 126months; and |
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(10) EXPIRATION.--This section expires July 1, 20082004. |
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Section 3. Paragraph (b) of subsection (6) of section |
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627.410, Florida Statutes, is amended to read: |
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627.410 Filing, approval of forms.-- |
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(6) |
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(b) The department may establish by rule, for each type of |
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health insurance form, procedures to be used in ascertaining the |
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reasonableness of benefits in relation to premium rates and may, |
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by rule, exempt from any requirement of paragraph (a) any health |
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insurance policy form or type thereof (as specified in such |
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rule) to which form or type such requirements may not be |
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practically applied or to which form or type the application of |
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such requirements is not desirable or necessary for the |
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protection of the public. A law restricting or limiting |
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deductibles, coinsurance, copayments, or annual or lifetime |
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maximum payments shall not apply to any health plan policy |
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offered or delivered to an individual or to a group of 51 or |
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more persons that provides coverage as described in s. |
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641.31071(5)(a)2.With respect to any health insurance policy |
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form or type thereof which is exempted by rule from any |
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requirement of paragraph (a), premium rates filed pursuant to |
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ss. 627.640 and 627.662 shall be for informational purposes. |
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Section 4. Paragraph (b) of subsection (3) of section |
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627.6487, Florida Statutes, is amended, and paragraph (c) is |
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added to subsection (4) of said section, to read: |
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627.6487 Guaranteed availability of individual health |
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insurance coverage to eligible individuals.-- |
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(3) For the purposes of this section, the term "eligible |
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individual" means an individual: |
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(b) Who is not eligible for coverage under: |
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1. A group health plan, as defined in s. 2791 of the |
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Public Health Service Act; |
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2. A conversion policy or contract issued by an authorized |
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insurer or health maintenance organization under s. 627.6675 or |
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s. 641.3921, respectively, offered to an individual who is no |
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longer eligible for coverage under either an insured or self- |
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insured group healthemployer plan or group health insurance |
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policy; |
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3. Part A or part B of Title XVIII of the Social Security |
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Act; or |
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4. A state plan under Title XIX of such act, or any |
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successor program, and does not have other health insurance |
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coverage; |
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(4) |
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(c) If the individual’s most recent period of creditable |
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coverage was earned in a state other than this state, an insurer |
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issuing a policy that complies with paragraph (a) may impose a |
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surcharge or charge a premium for such policy equal to that |
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permitted in the state in which such creditable coverage was |
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earned.
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Section 5. Paragraph (c) of subsection (8) of section |
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627.6561, Florida Statutes, is amended to read: |
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627.6561 Preexisting conditions.-- |
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(8) |
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(c) The certification described in this section is a |
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written certification that must include: |
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1. The period of creditable coverage of the individual |
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under the policy and the coverage, if any, under such COBRA |
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continuation provision or continuation pursuant to s. 627.6692.; |
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and |
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2. The waiting period, if any, imposed with respect to the |
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individual for any coverage under such policy. |
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3. A statement that the creditable coverage was provided |
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under a group health plan, a group or individual health |
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insurance policy, or a health maintenance organization contract, |
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the state in which such coverage was provided, and whether or |
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not such individual was eligible for a conversion policy under |
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such coverage. |
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Section 6. Subsection (6) of section 627.667, Florida |
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Statutes, is amended to read: |
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627.667 Extension of benefits.-- |
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(6) This section also applies to holders of group |
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certificates which are renewed, delivered, or issued for |
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delivery to residents of this state under group policies |
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effectuated or delivered outside this state, unless a succeeding |
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carrier under a group policy has agreed to assume liability for |
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the benefits. |
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Section 7. Paragraph (e) of subsection (5) of section |
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627.6692, Florida Statutes, is amended to read: |
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627.6692 Florida Health Insurance Coverage Continuation |
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Act.-- |
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(5) CONTINUATION OF COVERAGE UNDER GROUP HEALTH PLANS.-- |
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(e)1. A covered employee or other qualified beneficiary |
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who wishes continuation of coverage must pay the initial premium |
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and elect such continuation in writing to the insurance carrier |
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issuing the employer's group health plan within 6330days after |
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receiving notice from the insurance carrier under paragraph (d). |
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Subsequent premiums are due by the grace period expiration date. |
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The insurance carrier or the insurance carrier's designee shall |
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process all elections promptly and provide coverage |
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retroactively to the date coverage would otherwise have |
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terminated. The premium due shall be for the period beginning on |
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the date coverage would have otherwise terminated due to the |
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qualifying event. The first premium payment must include the |
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coverage paid to the end of the month in which the first payment |
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is made. After the election, the insurance carrier must bill the |
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qualified beneficiary for premiums once each month, with a due |
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date on the first of the month of coverage and allowing a 30-day |
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grace period for payment. |
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2. Except as otherwise specified in an election, any |
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election by a qualified beneficiary shall be deemed to include |
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an election of continuation of coverage on behalf of any other |
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qualified beneficiary residing in the same household who would |
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lose coverage under the group health plan by reason of a |
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qualifying event. This subparagraph does not preclude a |
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qualified beneficiary from electing continuation of coverage on |
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behalf of any other qualified beneficiary. |
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Section 8. Paragraphs (h) and (u) of subsection (3), |
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paragraph (c) of subsection (5), and paragraph (b) of subsection |
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(6) of section 627.6699, Florida Statutes, are amended, and |
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paragraph (k) is added to subsection (5) of said section, to |
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read: |
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627.6699 Employee Health Care Access Act.-- |
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(3) DEFINITIONS.--As used in this section, the term: |
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(h) "Eligible employee" means an employee who works full |
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time, having a normal workweek of 25 or more hours and is paid |
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wages or a salary at least equal to the federal minimum hourly |
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wage applicable to such employee, and who has met any applicable |
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waiting-period requirements or other requirements of this act. |
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The term includes a self-employed individual, a sole proprietor, |
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a partner of a partnership, or an independent contractor, if the |
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sole proprietor, partner, or independent contractor is included |
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as an employee under a health benefit plan of a small employer, |
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but does not include a part-time, temporary, or substitute |
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employee. |
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(u) "Self-employed individual" means an individual or sole |
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proprietor who derives his or her income from a trade or |
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business carried on by the individual or sole proprietor which |
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necessitates that the individual file federal income tax forms, |
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with supporting schedules and accompanying income reporting |
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forms, or federal income tax extensions of time to file forms |
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with the Internal Revenue Service for the most recent tax year |
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results in taxable income as indicated on IRS Form 1040, |
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schedule C or F, and which generated taxable income in one of |
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the 2 previous years. |
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(5) AVAILABILITY OF COVERAGE.-- |
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(c) Every small employer carrier must, as a condition of |
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transacting business in this state: |
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1. Beginning July 1, 2000, offer and issue all small |
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employer health benefit plans on a guaranteed-issue basis to |
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every eligible small employer, with 2 to 50 eligible employees, |
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that elects to be covered under such plan, agrees to make the |
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required premium payments, and satisfies the other provisions of |
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the plan. A rider for additional or increased benefits may be |
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medically underwritten and may only be added to the standard |
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health benefit plan. The increased rate charged for the |
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additional or increased benefit must be rated in accordance with |
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this section. |
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2. Beginning July 1, 2000, and until July 31, 2001, offer |
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and issue basic and standard small employer health benefit plans |
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on a guaranteed-issue basis to every eligible small employer |
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which is eligible for guaranteed renewal, has less than two |
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eligible employees, is not formed primarily for the purpose of |
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buying health insurance, elects to be covered under such plan, |
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agrees to make the required premium payments, and satisfies the |
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other provisions of the plan. A rider for additional or |
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increased benefits may be medically underwritten and may be |
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added only to the standard benefit plan. The increased rate |
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charged for the additional or increased benefit must be rated in |
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accordance with this section. For purposes of this subparagraph, |
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a person, his or her spouse, and his or her dependent children |
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shall constitute a single eligible employee if that person and |
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spouse are employed by the same small employer and either one |
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has a normal work week of less than 25 hours. |
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3. Beginning June 1, 2004August 1, 2001, offer and issue |
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basic and standard small employer health benefit plans on a |
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guaranteed-issue basis, during a 30-day open enrollment period |
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of June 1 through June 30 and during a31-day open enrollment |
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period of DecemberAugust 1 through DecemberAugust31 of each |
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year, to every eligible small employer, with fewer than two |
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eligible employees, which small employer is not formed primarily |
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for the purpose of buying health insurance and which elects to |
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be covered under such plan, agrees to make the required premium |
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payments, and satisfies the other provisions of the plan. |
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Coverage provided under this subparagraph shall begin 60 days |
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afteron October 1 of the same year asthe date of enrollment, |
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unless the small employer carrier and the small employer agree |
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to a different date. A rider for additional or increased |
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benefits may be medically underwritten and may only be added to |
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the standard health benefit plan. The increased rate charged for |
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the additional or increased benefit must be rated in accordance |
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with this section. For purposes of this subparagraph, a person, |
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his or her spouse, and his or her dependent children constitute |
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a single eligible employee if that person and spouse are |
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employed by the same small employer and either that person or |
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his or her spouse has a normal work week of less than 25 hours. |
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4. This paragraph does not limit a carrier's ability to |
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offer other health benefit plans to small employers if the |
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standard and basic health benefit plans are offered and |
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rejected. |
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(k) Beginning January 1, 2004, every small employer shall |
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provide, on an annual basis, information on at least three |
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different health benefit plans for employees. Nothing in this |
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paragraph shall be construed as requiring a small employer to |
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provide the health benefit plan or contribute to the cost of |
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such plan.
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(6) RESTRICTIONS RELATING TO PREMIUM RATES.-- |
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(b) For all small employer health benefit plans that are |
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subject to this section and are issued by small employer |
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carriers on or after January 1, 1994, premium rates for health |
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benefit plans subject to this section are subject to the |
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following: |
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1. Small employer carriers must use a modified community |
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rating methodology in which the premium for each small employer |
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must be determined solely on the basis of the eligible |
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employee's and eligible dependent's gender, age, family |
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composition, tobacco use, or geographic area as determined under |
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paragraph (5)(j) and in which the premium may be adjusted as |
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permitted by this paragraph. |
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2. Rating factors related to age, gender, family |
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composition, tobacco use, or geographic location may be |
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developed by each carrier to reflect the carrier's experience. |
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The factors used by carriers are subject to department review |
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and approval. |
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3. Small employer carriers may not modify the rate for a |
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small employer for 12 months from the initial issue date or |
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renewal date, unless the composition of the group changes or |
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benefits are changed. However, a small employer carrier may |
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modify the rate one time prior to 12 months after the initial |
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issue date for a small employer who enrolls under a previously |
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issued group policy that has a common anniversary date for all |
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employers covered under the policy if: |
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a. The carrier discloses to the employer in a clear and |
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conspicuous manner the date of the first renewal and the fact |
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358
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that the premium may increase on or after that date. |
|
359
|
b. The insurer demonstrates to the department that |
|
360
|
efficiencies in administration are achieved and reflected in the |
|
361
|
rates charged to small employers covered under the policy. |
|
362
|
4. A carrier may issue a group health insurance policy to |
|
363
|
a small employer health alliance or other group association with |
|
364
|
rates that reflect a premium credit for expense savings |
|
365
|
attributable to administrative activities being performed by the |
|
366
|
alliance or group association if such expense savings are |
|
367
|
specifically documented in the insurer's rate filing and are |
|
368
|
approved by the department. Any such credit may not be based on |
|
369
|
different morbidity assumptions or on any other factor related |
|
370
|
to the health status or claims experience of any person covered |
|
371
|
under the policy. Nothing in this subparagraph exempts an |
|
372
|
alliance or group association from licensure for any activities |
|
373
|
that require licensure under the insurance code. A carrier |
|
374
|
issuing a group health insurance policy to a small employer |
|
375
|
health alliance or other group association shall allow any |
|
376
|
properly licensed and appointed agent of that carrier to market |
|
377
|
and sell the small employer health alliance or other group |
|
378
|
association policy. Such agent shall be paid the usual and |
|
379
|
customary commission paid to any agent selling the policy. |
|
380
|
5. Any adjustments in rates for claims experience, health |
|
381
|
status, or duration of coverage may not be charged to individual |
|
382
|
employees or dependents. For a small employer's policy, such |
|
383
|
adjustments may not result in a rate for the small employer |
|
384
|
which deviates more than 15 percent from the carrier's approved |
|
385
|
rate. Any such adjustment must be applied uniformly to the rates |
|
386
|
charged for all employees and dependents of the small employer. |
|
387
|
A small employer carrier may make an adjustment to a small |
|
388
|
employer's renewal premium, not to exceed 10 percent annually, |
|
389
|
due to the claims experience, health status, or duration of |
|
390
|
coverage of the employees or dependents of the small employer. |
|
391
|
Semiannually, small group carriers shall report information on |
|
392
|
forms adopted by rule by the department, to enable the |
|
393
|
department to monitor the relationship of aggregate adjusted |
|
394
|
premiums actually charged policyholders by each carrier to the |
|
395
|
premiums that would have been charged by application of the |
|
396
|
carrier's approved modified community rates. If the aggregate |
|
397
|
resulting from the application of such adjustment exceeds the |
|
398
|
premium that would have been charged by application of the |
|
399
|
approved modified community rate by 25percent for the current |
|
400
|
reporting period, the carrier shall limit the application of |
|
401
|
such adjustments only to minus adjustments beginning not more |
|
402
|
than 60 days after the report is sent to the department. For any |
|
403
|
subsequent reporting period, if the total aggregate adjusted |
|
404
|
premium actually charged does not exceed the premium that would |
|
405
|
have been charged by application of the approved modified |
|
406
|
community rate by 25percent, the carrier may apply both plus |
|
407
|
and minus adjustments. A small employer carrier may provide a |
|
408
|
credit to a small employer's premium based on administrative and |
|
409
|
acquisition expense differences resulting from the size of the |
|
410
|
group. Group size administrative and acquisition expense factors |
|
411
|
may be developed by each carrier to reflect the carrier's |
|
412
|
experience and are subject to department review and approval. |
|
413
|
6. A small employer carrier rating methodology may include |
|
414
|
separate rating categories for one dependent child, for two |
|
415
|
dependent children, and for three or more dependent children for |
|
416
|
family coverage of employees having a spouse and dependent |
|
417
|
children or employees having dependent children only. A small |
|
418
|
employer carrier may have fewer, but not greater, numbers of |
|
419
|
categories for dependent children than those specified in this |
|
420
|
subparagraph. |
|
421
|
7. Small employer carriers may not use a composite rating |
|
422
|
methodology to rate a small employer with fewer than 10 |
|
423
|
employees. For the purposes of this subparagraph, a "composite |
|
424
|
rating methodology" means a rating methodology that averages the |
|
425
|
impact of the rating factors for age and gender in the premiums |
|
426
|
charged to all of the employees of a small employer. |
|
427
|
8.a. A carrier may separate the experience of small |
|
428
|
employer groups with less than 2 eligible employees from the |
|
429
|
experience of small employer groups with 2-50 eligible employees |
|
430
|
for purposes of determining an alternative modified community |
|
431
|
rating. |
|
432
|
b. If a carrier separates the experience of small employer |
|
433
|
groups as provided in sub-subparagraph a., the rate to be |
|
434
|
charged to small employer groups of less than 2 eligible |
|
435
|
employees may not exceed 150 percent of the rate determined for |
|
436
|
small employer groups of 2-50 eligible employees. However, the |
|
437
|
carrier may charge excess losses of the experience pool |
|
438
|
consisting of small employer groups with less than 2 eligible |
|
439
|
employees to the experience pool consisting of small employer |
|
440
|
groups with 2-50 eligible employees so that all losses are |
|
441
|
allocated and the 150-percent rate limit on the experience pool |
|
442
|
consisting of small employer groups with less than 2 eligible |
|
443
|
employees is maintained. Notwithstanding s. 627.411(1), the rate |
|
444
|
to be charged to a small employer group of fewer than 2 eligible |
|
445
|
employees, insured as of July 1, 2002, may be up to 125 percent |
|
446
|
of the rate determined for small employer groups of 2-50 |
|
447
|
eligible employees for the first annual renewal and 150 percent |
|
448
|
for subsequent annual renewals. |
|
449
|
9. In addition to the separation allowed under sub- |
|
450
|
subparagraph 8.a., a carrier may also separate the experience of |
|
451
|
small employer groups of 1-50 eligible employees using a health |
|
452
|
reimbursement arrangement, as defined in Internal Revenue |
|
453
|
Service Notice 2002-45, 2002-28 Internal Revenue Bulletin 93, |
|
454
|
and Revenue Ruling 2002-41, 2002-28 Internal Revenue Bulletin |
|
455
|
75, from the experience of small employer groups of 1-50 |
|
456
|
eligible employees not using such a health reimbursement |
|
457
|
arrangement for purposes of determining an alternative modified |
|
458
|
community rating.
|
|
459
|
Section 9. Subsection (2) and paragraph (d) of subsection |
|
460
|
(3) of section 641.31, Florida Statutes, are amended to read: |
|
461
|
641.31 Health maintenance contracts.-- |
|
462
|
(2) The rates charged by any health maintenance |
|
463
|
organization to its subscribers shall not be excessive, |
|
464
|
inadequate, or unfairly discriminatory or follow a rating |
|
465
|
methodology that is inconsistent, indeterminate, or ambiguous or |
|
466
|
encourages misrepresentation or misunderstanding. A law |
|
467
|
restricting or limiting deductibles, coinsurance, copayments, or |
|
468
|
annual or lifetime maximum payments shall not apply to any |
|
469
|
health maintenance organization contract offered or delivered to |
|
470
|
an individual or a group of 51 or more persons that provides |
|
471
|
coverage as described in s. 641.3107(5)(a)2.The department, in |
|
472
|
accordance with generally accepted actuarial practice as applied |
|
473
|
to health maintenance organizations, may define by rule what |
|
474
|
constitutes excessive, inadequate, or unfairly discriminatory |
|
475
|
rates and may require whatever information it deems necessary to |
|
476
|
determine that a rate or proposed rate meets the requirements of |
|
477
|
this subsection. |
|
478
|
(3) |
|
479
|
(d) Any change in rates charged for the contract must be |
|
480
|
filed with the department not less than 30 days in advance of |
|
481
|
the effective date. At the expiration of such 30 days, the rate |
|
482
|
filing shall be deemed approved unless prior to such time the |
|
483
|
filing has been affirmatively approved or disapproved by order |
|
484
|
of the department. The approval of the filing by the department |
|
485
|
constitutes a waiver of any unexpired portion of such waiting |
|
486
|
period. The department may extend by not more than an additional |
|
487
|
15 days the period within which it may so affirmatively approve |
|
488
|
or disapprove any such filing, by giving notice of such |
|
489
|
extension before expiration of the initial 30-day period. At the |
|
490
|
expiration of any such period as so extended, and in the absence |
|
491
|
of such prior affirmative approval or disapproval, any such |
|
492
|
filing shall be deemed approved. This paragraph does not apply |
|
493
|
to group health insurance policies effectuated and delivered in |
|
494
|
this state insuring groups of 51 or more persons, except for |
|
495
|
Medicare supplement insurance, long-term care insurance, and any |
|
496
|
coverage under which the increase in claims costs over the |
|
497
|
lifetime of the contract due to advancing age or duration is |
|
498
|
refunded in the premium.
|
|
499
|
Section 10. Section 641.31075, Florida Statutes, is |
|
500
|
created to read: |
|
501
|
641.31075 Requirements for replacing health coverage.--Any |
|
502
|
health maintenance organization that is replacing any other |
|
503
|
group health coverage with its group health maintenance coverage |
|
504
|
shall comply with s. 627.666.
|
|
505
|
Section 11. Subsection (1) of section 641.3111, Florida |
|
506
|
Statutes, is amended to read: |
|
507
|
641.3111 Extension of benefits.-- |
|
508
|
(1) Every group health maintenance contract shall provide |
|
509
|
that termination of the contract shall be without prejudice to |
|
510
|
any continuous loss which commenced while the contract was in |
|
511
|
force, but any extension of benefits beyond the period the |
|
512
|
contract was in force may be predicated upon the continuous |
|
513
|
total disability of the subscriber and may be limited to payment |
|
514
|
for the treatment of a specific accident or illness incurred |
|
515
|
while the subscriber was a member. The extension is required |
|
516
|
regardless of whether the group contract holder or other entity |
|
517
|
secures replacement coverage from a new insurer or health |
|
518
|
maintenance organization or foregoes the provision of coverage. |
|
519
|
The required provision must provide for continuation of contract |
|
520
|
benefits in connection with the treatment of a specific accident |
|
521
|
or illness incurred while the contract was in effect.Such |
|
522
|
extension of benefits may be limited to the occurrence of the |
|
523
|
earliest of the following events: |
|
524
|
(a) The expiration of 12 months. |
|
525
|
(b) Such time as the member is no longer totally disabled. |
|
526
|
(c) A succeeding carrier elects to provide replacement |
|
527
|
coverage without limitation as to the disability condition. |
|
528
|
(d) The maximum benefits payable under the contract have |
|
529
|
been paid. |
|
530
|
Section 12. If any provision of this act or the |
|
531
|
application thereof to any person or circumstance is held |
|
532
|
invalid, the invalidity shall not affect other provisions or |
|
533
|
applications of the act which can be given effect without the |
|
534
|
invalid provision or application, and to this end the provisions |
|
535
|
of this act are declared severable.
|
|
536
|
Section 13. This act shall take effect upon becoming a |
|
537
|
law. |