Senate Bill sb2264c2

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    Florida Senate - 2003                    CS for CS for SB 2264

    By the Committees on Health, Aging, and Long-Term Care;
    Banking and Insurance; and Senator Atwater




    317-2490-03

  1                      A bill to be entitled

  2         An act relating to health insurance; amending

  3         s. 627.411, F.S.; revising grounds for

  4         disapproval of health insurance policy forms

  5         that apply certain rating practices, or that

  6         result in actuarially justified rate increases

  7         under certain circumstances; requiring health

  8         insurance policies to meet a minimum loss ratio

  9         of a specified amount; amending s. 627.6515,

10         F.S.; amending conditions that must be met to

11         exempt from part VII of ch. 627, F.S., a group

12         health insurance policy issued or delivered

13         outside this state under which a resident of

14         this state is provided coverage; providing

15         rulemaking authority; providing an effective

16         date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Section 627.411, Florida Statutes, is

21  amended to read:

22         627.411  Grounds for disapproval.--

23         (1)  The department shall disapprove any form filed

24  under s. 627.410, or withdraw any previous approval thereof,

25  only if the form:

26         (a)  Is in any respect in violation of, or does not

27  comply with, this code.

28         (b)  Contains or incorporates by reference, where such

29  incorporation is otherwise permissible, any inconsistent,

30  ambiguous, or misleading clauses, or exceptions and conditions

31  

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    Florida Senate - 2003                    CS for CS for SB 2264
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 1  which deceptively affect the risk purported to be assumed in

 2  the general coverage of the contract.

 3         (c)  Has any title, heading, or other indication of its

 4  provisions which is misleading.

 5         (d)  Is printed or otherwise reproduced in such manner

 6  as to render any material provision of the form substantially

 7  illegible.

 8         (e)  Is for health insurance, and:

 9         1.  Provides benefits that which are unreasonable in

10  relation to the premium charged;,

11         2.  Contains provisions that which are unfair or

12  inequitable or contrary to the public policy of this state or

13  that which encourage misrepresentation;, or

14         3.  Contains provisions that which apply rating

15  practices that which result in premium escalations that are

16  not viable for the policyholder market or result in unfair

17  discrimination pursuant to s. 626.9541(1)(g)2.; in sales

18  practices.

19         4.  Results in actuarially justified rate increases on

20  an annual basis:

21         a.  Attributed to the insurer reducing the portion of

22  the premium used to pay claims from the loss ratio standard

23  certified in the last actuarial certification filed by the

24  insurer, in excess of the greater of 50 percent of annual

25  medical trend or 5 percent. At its option, the insurer may

26  file for approval of an actuarially justified new business

27  rate schedule for new insureds and a rate increase for

28  existing insureds that is equal to the greater of 150 percent

29  of annual medical trend or 10 percent. Future annual rate

30  increases for existing insureds shall be limited to the

31  

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    Florida Senate - 2003                    CS for CS for SB 2264
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 1  greater of 150 percent of the rate increase approved for new

 2  insureds or 10 percent until the two rate schedules converge;

 3         b.  In excess of the greater of 150 percent of annual

 4  medical trend or 10 percent and the company did not comply

 5  with the annual filing requirements of s. 627.410(7) or

 6  commission rule for health maintenance organizations pursuant

 7  to s. 641.31. At its option the insurer may file for approval

 8  of an actuarially justified new business rate schedule for new

 9  insureds and a rate increase for existing insureds that is

10  equal to the rate increase allowed by the preceding sentence.

11  Future annual rate increases for existing insureds shall be

12  limited to the greater of 150 percent of the rate increase

13  approved for new insureds or 10 percent until the two rate

14  schedules converge; or

15         c.  In excess of the greater of 150 percent of annual

16  medical trend or 10 percent on a form or block of pooled forms

17  in which no form is currently available for sale. This

18  sub-subparagraph does not apply to pre-standardized Medicare

19  supplement forms.

20         (f)  Excludes coverage for human immunodeficiency virus

21  infection or acquired immune deficiency syndrome or contains

22  limitations in the benefits payable, or in the terms or

23  conditions of such contract, for human immunodeficiency virus

24  infection or acquired immune deficiency syndrome which are

25  different than those which apply to any other sickness or

26  medical condition.

27         (2)  In determining whether the benefits are reasonable

28  in relation to the premium charged, the department, in

29  accordance with reasonable actuarial techniques, shall

30  consider:

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    Florida Senate - 2003                    CS for CS for SB 2264
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 1         (a)  Past loss experience and prospective loss

 2  experience within and without this state.

 3         (b)  Allocation of expenses.

 4         (c)  Risk and contingency margins, along with

 5  justification of such margins.

 6         (d)  Acquisition costs.

 7         (3)(a)  For health insurance coverage as described in

 8  s. 627.6561(5)(a)2., the minimum loss ratio standard of

 9  incurred claims to earned premium for the form shall be 65

10  percent.

11         (b)  Incurred claims are claims occurring within a

12  fixed period, whether or not paid during the same period,

13  under the terms of the policy period.

14         1.  Claims include scheduled benefit payments, or

15  services provided by a provider or through a provider network

16  for dental, vision, disability, and similar health benefits.

17         2.  Claims do not include state assessments, taxes,

18  company expenses, or any expense incurred by the company for

19  the cost of adjusting and settling a claim, including the

20  review, qualification, oversight, management, or monitoring of

21  a claim or incentives or compensation to providers for other

22  than the provisions of health care services.

23         3.  A company may at its discretion include costs that

24  are demonstrated to reduce claims, such as fraud intervention

25  programs or case management costs, which are identified in

26  each filing, are demonstrated to reduce claims costs, and do

27  not result in increasing the experience period loss ratio by

28  more than 5 percent.

29         4.  For scheduled claim payments, such as disability

30  income or long-term care, the incurred claims shall be the

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    Florida Senate - 2003                    CS for CS for SB 2264
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 1  present value of the benefit payments discounted for

 2  continuance and interest.

 3         Section 2.  Subsection (2) of section 627.6515, Florida

 4  Statutes, is amended, and subsections (9) and (10) are added

 5  to that section, to read:

 6         627.6515  Out-of-state groups.--

 7         (2)  Except as provided in this part, this part does

 8  not apply to a group health insurance policy issued or

 9  delivered outside this state under which a resident of this

10  state is provided coverage if:

11         (a)  The policy is issued to an employee group the

12  composition of which is substantially as described in s.

13  627.653; a labor union group or association group the

14  composition of which is substantially as described in s.

15  627.654; an additional group the composition of which is

16  substantially as described in s. 627.656; a group insured

17  under a blanket health policy when the composition of the

18  group is substantially in compliance with s. 627.659; a group

19  insured under a franchise health policy when the composition

20  of the group is substantially in compliance with s. 627.663

21  and the policy was issued prior to January 1, 2003; an

22  association group to cover persons associated in any other

23  common group, which common group is formed primarily for

24  purposes other than providing insurance; a group that is

25  established primarily for the purpose of providing group

26  insurance, provided the benefits are reasonable in relation to

27  the premiums charged thereunder and the issuance of the group

28  policy has resulted, or will result, in economies of

29  administration; or a group of insurance agents of an insurer,

30  which insurer is the policyholder;

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    Florida Senate - 2003                    CS for CS for SB 2264
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 1         (b)  Certificates evidencing coverage under the policy

 2  are issued to residents of this state and contain in

 3  contrasting color and not less than 10-point type the

 4  following statement:  "The benefits of the policy providing

 5  your coverage are governed primarily by the law of a state

 6  other than Florida"; and

 7         (c)  The policy provides the benefits specified in ss.

 8  627.419, 627.6574, 627.6575, 627.6579, 627.6612, 627.66121,

 9  627.66122, 627.6613, 627.667, 627.6675, 627.6691, and

10  627.66911;.

11         (d)  For policies or contracts issued on or after

12  October 1, 2003, regardless of the type of group described in

13  this subsection to which the policy is issued, except for

14  policies issued to provide coverage to groups of persons all

15  of whom are in the same or functionally related licensed

16  professions, and providing coverage only to such licensed

17  professionals, their employees or their dependents, the policy

18  complies with the antidiscrimination provisions set forth in

19  s. 627.65625, regarding rating and eligibility for enrollment

20  and for any benefit under the policy, and with s. 627.6571;

21  and

22         (e)  The policy is not issued to a group, other than an

23  employer group for the benefit of its employees, that directly

24  or indirectly uses any health status related factor, as

25  described in s. 627.65625, in determining eligibility for

26  initial or continued membership in the group or initial or

27  continued eligibility of any group member to participate in

28  any aspect of the group insurance program.

29  

30  For purposes of paragraphs (d) and (e), group health insurance

31  policy means any hospital or medical policy, hospital or

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    Florida Senate - 2003                    CS for CS for SB 2264
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 1  medical service plan contract, or health maintenance

 2  organization subscriber contract. The term does not include

 3  accidental death, accidental death and dismemberment,

 4  accident-only, vision-only, dental-only, hospital indemnity,

 5  hospital accident, cancer, specified disease, Medicare

 6  Supplement, products that supplement Medicare, long-term care,

 7  or disability income insurance, similar supplemental plans

 8  provided under a separate policy, certificate, or contract of

 9  insurance, which cannot duplicate coverage under an underlying

10  health plan and are specifically designed to fill gaps in the

11  underlying health plan, coinsurance, or deductibles; coverage

12  issued as a supplement to liability insurance; workers'

13  compensation or similar insurance; or automobile

14  medical-payment insurance. The provisions of paragraphs (d)

15  and (e) shall not apply to policies providing coverage to

16  small employers as defined by s. 627.6699. Such policies shall

17  be subject to, and governed by, the provisions of s. 627.6699.

18  The provisions of paragraphs (d) and (e) shall not apply to a

19  policy issued to a bona fide association, as defined by s.

20  627.6571(5), provided that there is a person or board acting

21  as a fiduciary for the benefit of the members; such

22  association is not owned, controlled by, or otherwise

23  associated with the insurance company; and the renewal rate

24  changes are the same uniform percentage adjustment for all

25  covered members.

26         (9)  The Financial Services Commission shall adopt

27  rules necessary to administer this section.

28         (10)  The Financial Services Commission may adopt rules

29  to establish standards for exempting certain groups from the

30  provisions of paragraphs (2)(d) and (e). Such rules shall

31  establish standards for determining that the members of the

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    Florida Senate - 2003                    CS for CS for SB 2264
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 1  group policy are provided protection from rate escalations

 2  from the segregation of risks and that members are provided

 3  protection by an individual or board that is not owned or

 4  controlled by the carrier or affiliate of the carrier and acts

 5  in a fiduciary capacity for the protection of its members. The

 6  office must provide, upon request of an insurer, a 90-day

 7  exemption from the October 1, 2003, effective date of

 8  paragraphs (2)(d) and (e) to any insurer:

 9         (a)  Having an approved filing for individual business

10  by October 1, 2003; and

11         (b)  Certifying that each individual issued a policy or

12  certificate after October 1, 2003, will be offered the

13  opportunity to switch his or her policy to the new form at the

14  end of the exemption period.

15  

16  The provisions of paragraphs (2)(d) and (e) do not apply to

17  policies or certificates issued prior to October 1, 2003.

18         Section 3.  This act shall take effect July 1, 2003.

19  

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                            CS/SB 2264

22                                 

23  The Committee Substitute clarifies that policies providing
    coverage to small employers which are governed under s.
24  627.6699, F.S., and a policy issued by a bona fide association
    as defined by s. 627.6571(5), F.S., provided it meets
25  requirements specified in the bill, are exempt from the
    provisions of Part VII of ch. 627, F.S.
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