HB 1573 2003
   
1 CHAMBER ACTION
2         
3         
4         
5         
6          The Committee on Insurance recommends the following:
7         
8          Committee Substitute
9          Remove the entire bill and insert:
10 A bill to be entitled
11          An act relating to health insurance; amending s. 395.301,
12    F.S.; requiring certain licensed facilities to make
13    certain information public electronically; requiring
14    notice; providing requirements; requiring health care
15    facilities to provide patients with reasonable estimates
16    of prospective charges; amending s. 408.909, F.S.;
17    revising a definition; authorizing plans to limit the term
18    of coverage; extending the required period without
19    coverage before participation eligibility; extending a
20    program expiration date; amending s. 627.410, F.S.;
21    exempting individuals and certain groups from laws
22    restricting or limiting coinsurance, copayments, or annual
23    or lifetime maximum payments; amending s. 627.6487, F.S.;
24    revising a definition of "eligible individual" for
25    purposes of availability of individual health insurance
26    coverage; authorizing insurers to impose certain
27    surcharges or premium charges for creditable coverage
28    earned in certain states; amending s. 627.6561, F.S.;
29    requiring additional information in a certification
30    relating to certain creditable coverage for purposes of
31    eligibility for exclusion from preexisting condition
32    requirements; amending s. 627.667, F.S.; deleting a
33    limitation on certain application of extension of benefits
34    provisions; amending s. 627.6692, F.S.; extending a time
35    period for continuation of certain coverage under group
36    health plans; amending s. 627.6699, F.S.; revising certain
37    definitions; revising enrollment period criteria for
38    certain health benefit plans; requiring small employers to
39    provide certain health benefit plan information to
40    employees; providing a limitation; revising certain rate
41    adjustment criteria; authorizing separation of experience
42    of certain small employer groups for certain purposes;
43    amending s. 641.31, F.S.; specifying nonapplication of
44    certain health maintenance contract filing requirements to
45    certain group health insurance policies, with exceptions;
46    creating s. 641.31075, F.S.; providing compliance
47    requirements for health maintenance organizations
48    replacing certain coverages; amending s. 641.3111, F.S.;
49    providing additional requirements for extension of
50    benefits under group health maintenance contracts;
51    providing severability; providing an effective date.
52         
53          Be It Enacted by the Legislature of the State of Florida:
54         
55          Section 1. Subsection (7) is added to section 395.301,
56    Florida Statutes, to read:
57          395.301 Itemized patient bill; form and content prescribed
58    by the agency.--
59          (7)(a) Each licensed facility not operated by the state
60    shall make available to the public on its Internet website or by
61    other electronic means its master list of charges and codes and
62    a description of services of the top 100 diagnosis-related
63    groups discharged from the hospital for that year using the CMS
64    grouper applicable to that year and the top 100 outpatient
65    occasions of diagnostic and therapeutic procedures performed
66    using the Healthcare Common Procedure Coding System. For
67    purposes of this paragraph, "CMS grouper" means a system of
68    classification used by the Centers for Medicare and Medicaid
69    Services to assign an inpatient discharge into a diagnosis-
70    related group based on diagnosis codes, procedure codes, and
71    demographic information. The facility shall place a notice in
72    the reception areas that such information is available
73    electronically. The facility’s list of charges and codes and the
74    description of services shall be consistent with federal
75    electronic transmission uniform standards under the Health
76    Insurance Portability and Accountability Act (HIPAA). Changes to
77    the data shall be posted at least 30 days prior to
78    implementation of changes.
79          (b) A health care facility shall, upon request, furnish a
80    prospective patient, prior to provision of medical services, a
81    reasonable estimate of charges for such services. Such estimate
82    shall not preclude the health care facility from exceeding the
83    estimate or making additional charges based on changes in the
84    patient’s condition or treatment needs.
85          Section 2. Paragraph (e) of subsection (2), subsection
86    (3), paragraph (c) of subsection (5), and subsection (10) of
87    section 408.909, Florida Statutes, are amended to read:
88          408.909 Health flex plans.--
89          (2) DEFINITIONS.--As used in this section, the term:
90          (e) "Health flex plan" means a health plan approved under
91    subsection (3) which guarantees payment for specified health
92    care coverage provided to the enrollee who purchases coverage
93    directly from the plan or through a small business purchasing
94    arrangement sponsored by a local government.
95          (3) PILOT PROGRAM.--The agency and the department shall
96    each approve or disapprove health flex plans that provide health
97    care coverage for eligible participants who reside in the three
98    areas of the state that have the highest number of uninsured
99    persons, as identified in the Florida Health Insurance Study
100    conducted by the agency and in Indian River County. A health
101    flex plan may limit or exclude benefits otherwise required by
102    law for insurers offering coverage in this state, may cap the
103    total amount of claims paid per year per enrollee, may limit the
104    number of enrollees or the term of coverage, or may take any
105    combination of those actions.
106          (a) The agency shall develop guidelines for the review of
107    applications for health flex plans and shall disapprove or
108    withdraw approval of plans that do not meet or no longer meet
109    minimum standards for quality of care and access to care.
110          (b) The department shall develop guidelines for the review
111    of health flex plan applications and shall disapprove or shall
112    withdraw approval of plans that:
113          1. Contain any ambiguous, inconsistent, or misleading
114    provisions or any exceptions or conditions that deceptively
115    affect or limit the benefits purported to be assumed in the
116    general coverage provided by the health flex plan;
117          2. Provide benefits that are unreasonable in relation to
118    the premium charged or contain provisions that are unfair or
119    inequitable or contrary to the public policy of this state, that
120    encourage misrepresentation, or that result in unfair
121    discrimination in sales practices; or
122          3. Cannot demonstrate that the health flex plan is
123    financially sound and that the applicant is able to underwrite
124    or finance the health care coverage provided.
125          (c) The agency and the department may adopt rules as
126    needed to administer this section.
127          (5) ELIGIBILITY.--Eligibility to enroll in an approved
128    health flex plan is limited to residents of this state who:
129          (c) Are not covered by a private insurance policy and are
130    not eligible for coverage through a public health insurance
131    program, such as Medicare or Medicaid, or another public health
132    care program, such as KidCare, and have not been covered at any
133    time during the past 126months; and
134          (10) EXPIRATION.--This section expires July 1, 20082004.
135    Section 3. Paragraph (b) of subsection (6) of section
136    627.410, Florida Statutes, is amended to read:
137          627.410 Filing, approval of forms.--
138          (6)
139          (b) The department may establish by rule, for each type of
140    health insurance form, procedures to be used in ascertaining the
141    reasonableness of benefits in relation to premium rates and may,
142    by rule, exempt from any requirement of paragraph (a) any health
143    insurance policy form or type thereof (as specified in such
144    rule) to which form or type such requirements may not be
145    practically applied or to which form or type the application of
146    such requirements is not desirable or necessary for the
147    protection of the public. A law restricting or limiting
148    deductibles, coinsurance, copayments, or annual or lifetime
149    maximum payments shall not apply to any health plan policy
150    offered or delivered to an individual or to a group of 51 or
151    more persons that provides coverage as described in s.
152    641.31071(5)(a)2.With respect to any health insurance policy
153    form or type thereof which is exempted by rule from any
154    requirement of paragraph (a), premium rates filed pursuant to
155    ss. 627.640 and 627.662 shall be for informational purposes.
156          Section 4. Paragraph (b) of subsection (3) of section
157    627.6487, Florida Statutes, is amended, and paragraph (c) is
158    added to subsection (4) of said section, to read:
159          627.6487 Guaranteed availability of individual health
160    insurance coverage to eligible individuals.--
161          (3) For the purposes of this section, the term "eligible
162    individual" means an individual:
163          (b) Who is not eligible for coverage under:
164          1. A group health plan, as defined in s. 2791 of the
165    Public Health Service Act;
166          2. A conversion policy or contract issued by an authorized
167    insurer or health maintenance organization under s. 627.6675 or
168    s. 641.3921, respectively, offered to an individual who is no
169    longer eligible for coverage under either an insured or self-
170    insured group healthemployer plan or group health insurance
171    policy;
172          3. Part A or part B of Title XVIII of the Social Security
173    Act; or
174          4. A state plan under Title XIX of such act, or any
175    successor program, and does not have other health insurance
176    coverage;
177          (4)
178          (c) If the individual’s most recent period of creditable
179    coverage was earned in a state other than this state, an insurer
180    issuing a policy that complies with paragraph (a) may impose a
181    surcharge or charge a premium for such policy equal to that
182    permitted in the state in which such creditable coverage was
183    earned.
184          Section 5. Paragraph (c) of subsection (8) of section
185    627.6561, Florida Statutes, is amended to read:
186          627.6561 Preexisting conditions.--
187          (8)
188          (c) The certification described in this section is a
189    written certification that must include:
190          1. The period of creditable coverage of the individual
191    under the policy and the coverage, if any, under such COBRA
192    continuation provision or continuation pursuant to s. 627.6692.;
193    and
194          2. The waiting period, if any, imposed with respect to the
195    individual for any coverage under such policy.
196          3. A statement that the creditable coverage was provided
197    under a group health plan, a group or individual health
198    insurance policy, or a health maintenance organization contract,
199    the state in which such coverage was provided, and whether or
200    not such individual was eligible for a conversion policy under
201    such coverage.
202          Section 6. Subsection (6) of section 627.667, Florida
203    Statutes, is amended to read:
204          627.667 Extension of benefits.--
205          (6) This section also applies to holders of group
206    certificates which are renewed, delivered, or issued for
207    delivery to residents of this state under group policies
208    effectuated or delivered outside this state, unless a succeeding
209    carrier under a group policy has agreed to assume liability for
210    the benefits.
211          Section 7. Paragraph (e) of subsection (5) of section
212    627.6692, Florida Statutes, is amended to read:
213          627.6692 Florida Health Insurance Coverage Continuation
214    Act.--
215          (5) CONTINUATION OF COVERAGE UNDER GROUP HEALTH PLANS.--
216          (e)1. A covered employee or other qualified beneficiary
217    who wishes continuation of coverage must pay the initial premium
218    and elect such continuation in writing to the insurance carrier
219    issuing the employer's group health plan within 6330days after
220    receiving notice from the insurance carrier under paragraph (d).
221    Subsequent premiums are due by the grace period expiration date.
222    The insurance carrier or the insurance carrier's designee shall
223    process all elections promptly and provide coverage
224    retroactively to the date coverage would otherwise have
225    terminated. The premium due shall be for the period beginning on
226    the date coverage would have otherwise terminated due to the
227    qualifying event. The first premium payment must include the
228    coverage paid to the end of the month in which the first payment
229    is made. After the election, the insurance carrier must bill the
230    qualified beneficiary for premiums once each month, with a due
231    date on the first of the month of coverage and allowing a 30-day
232    grace period for payment.
233          2. Except as otherwise specified in an election, any
234    election by a qualified beneficiary shall be deemed to include
235    an election of continuation of coverage on behalf of any other
236    qualified beneficiary residing in the same household who would
237    lose coverage under the group health plan by reason of a
238    qualifying event. This subparagraph does not preclude a
239    qualified beneficiary from electing continuation of coverage on
240    behalf of any other qualified beneficiary.
241          Section 8. Paragraphs (h) and (u) of subsection (3),
242    paragraph (c) of subsection (5), and paragraph (b) of subsection
243    (6) of section 627.6699, Florida Statutes, are amended, and
244    paragraph (k) is added to subsection (5) of said section, to
245    read:
246          627.6699 Employee Health Care Access Act.--
247          (3) DEFINITIONS.--As used in this section, the term:
248          (h) "Eligible employee" means an employee who works full
249    time, having a normal workweek of 25 or more hours and is paid
250    wages or a salary at least equal to the federal minimum hourly
251    wage applicable to such employee, and who has met any applicable
252    waiting-period requirements or other requirements of this act.
253    The term includes a self-employed individual, a sole proprietor,
254    a partner of a partnership, or an independent contractor, if the
255    sole proprietor, partner, or independent contractor is included
256    as an employee under a health benefit plan of a small employer,
257    but does not include a part-time, temporary, or substitute
258    employee.
259          (u) "Self-employed individual" means an individual or sole
260    proprietor who derives his or her income from a trade or
261    business carried on by the individual or sole proprietor which
262    necessitates that the individual file federal income tax forms,
263    with supporting schedules and accompanying income reporting
264    forms, or federal income tax extensions of time to file forms
265    with the Internal Revenue Service for the most recent tax year
266    results in taxable income as indicated on IRS Form 1040,
267    schedule C or F, and which generated taxable income in one of
268    the 2 previous years.
269          (5) AVAILABILITY OF COVERAGE.--
270          (c) Every small employer carrier must, as a condition of
271    transacting business in this state:
272          1. Beginning July 1, 2000, offer and issue all small
273    employer health benefit plans on a guaranteed-issue basis to
274    every eligible small employer, with 2 to 50 eligible employees,
275    that elects to be covered under such plan, agrees to make the
276    required premium payments, and satisfies the other provisions of
277    the plan. A rider for additional or increased benefits may be
278    medically underwritten and may only be added to the standard
279    health benefit plan. The increased rate charged for the
280    additional or increased benefit must be rated in accordance with
281    this section.
282          2. Beginning July 1, 2000, and until July 31, 2001, offer
283    and issue basic and standard small employer health benefit plans
284    on a guaranteed-issue basis to every eligible small employer
285    which is eligible for guaranteed renewal, has less than two
286    eligible employees, is not formed primarily for the purpose of
287    buying health insurance, elects to be covered under such plan,
288    agrees to make the required premium payments, and satisfies the
289    other provisions of the plan. A rider for additional or
290    increased benefits may be medically underwritten and may be
291    added only to the standard benefit plan. The increased rate
292    charged for the additional or increased benefit must be rated in
293    accordance with this section. For purposes of this subparagraph,
294    a person, his or her spouse, and his or her dependent children
295    shall constitute a single eligible employee if that person and
296    spouse are employed by the same small employer and either one
297    has a normal work week of less than 25 hours.
298          3. Beginning June 1, 2004August 1, 2001, offer and issue
299    basic and standard small employer health benefit plans on a
300    guaranteed-issue basis, during a 30-day open enrollment period
301    of June 1 through June 30 and during a31-day open enrollment
302    period of DecemberAugust 1 through DecemberAugust31 of each
303    year, to every eligible small employer, with fewer than two
304    eligible employees, which small employer is not formed primarily
305    for the purpose of buying health insurance and which elects to
306    be covered under such plan, agrees to make the required premium
307    payments, and satisfies the other provisions of the plan.
308    Coverage provided under this subparagraph shall begin 60 days
309    afteron October 1 of the same year asthe date of enrollment,
310    unless the small employer carrier and the small employer agree
311    to a different date. A rider for additional or increased
312    benefits may be medically underwritten and may only be added to
313    the standard health benefit plan. The increased rate charged for
314    the additional or increased benefit must be rated in accordance
315    with this section. For purposes of this subparagraph, a person,
316    his or her spouse, and his or her dependent children constitute
317    a single eligible employee if that person and spouse are
318    employed by the same small employer and either that person or
319    his or her spouse has a normal work week of less than 25 hours.
320          4. This paragraph does not limit a carrier's ability to
321    offer other health benefit plans to small employers if the
322    standard and basic health benefit plans are offered and
323    rejected.
324          (k) Beginning January 1, 2004, every small employer shall
325    provide, on an annual basis, information on at least three
326    different health benefit plans for employees. Nothing in this
327    paragraph shall be construed as requiring a small employer to
328    provide the health benefit plan or contribute to the cost of
329    such plan.
330          (6) RESTRICTIONS RELATING TO PREMIUM RATES.--
331          (b) For all small employer health benefit plans that are
332    subject to this section and are issued by small employer
333    carriers on or after January 1, 1994, premium rates for health
334    benefit plans subject to this section are subject to the
335    following:
336          1. Small employer carriers must use a modified community
337    rating methodology in which the premium for each small employer
338    must be determined solely on the basis of the eligible
339    employee's and eligible dependent's gender, age, family
340    composition, tobacco use, or geographic area as determined under
341    paragraph (5)(j) and in which the premium may be adjusted as
342    permitted by this paragraph.
343          2. Rating factors related to age, gender, family
344    composition, tobacco use, or geographic location may be
345    developed by each carrier to reflect the carrier's experience.
346    The factors used by carriers are subject to department review
347    and approval.
348          3. Small employer carriers may not modify the rate for a
349    small employer for 12 months from the initial issue date or
350    renewal date, unless the composition of the group changes or
351    benefits are changed. However, a small employer carrier may
352    modify the rate one time prior to 12 months after the initial
353    issue date for a small employer who enrolls under a previously
354    issued group policy that has a common anniversary date for all
355    employers covered under the policy if:
356          a. The carrier discloses to the employer in a clear and
357    conspicuous manner the date of the first renewal and the fact
358    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.