Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1924
                        Barcode 564940
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: FAV             .                    
       04/24/2006 04:08 PM         .                    
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11  The Committee on Health and Human Services Appropriations
12  (Peaden) recommended the following amendment to amendment
13  (372124):
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15         Senate Amendment (with title amendment) 
16         On page 4, between lines 4 and 5,
17  
18  insert:  
19         Section 6.  Section 627.94076, Florida Statutes, is
20  created to read:
21         627.94076  Time limit on certain
22  defenses.--Notwithstanding the provisions of s. 627.607, each
23  long-term care insurance policy shall provide that the policy
24  shall be incontestable after it has been in force during the
25  lifetime of the insured for a period of 2 years after its date
26  of issue except for nonpayment of premiums.
27         Section 7.  Section 627.9403, Florida Statutes, is
28  amended to read:
29         627.9403  Scope.--The provisions of this part shall
30  apply to long-term care insurance policies delivered or issued
31  for delivery in this state, and to policies delivered or
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    4:56 PM   04/21/06                           s1924c1c-ha02-j03

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1924 Barcode 564940 1 issued for delivery outside this state to the extent provided 2 in s. 627.9406, by an insurer, a fraternal benefit society as 3 defined in s. 632.601, a health maintenance organization as 4 defined in s. 641.19, a prepaid health clinic as defined in s. 5 641.402, or a multiple-employer welfare arrangement as defined 6 in s. 624.437. A policy which is advertised, marketed, or 7 offered as a long-term care policy and as a Medicare 8 supplement policy shall meet the requirements of this part and 9 the requirements of ss. 627.671-627.675 and, to the extent of 10 a conflict, be subject to the requirement that is more 11 favorable to the policyholder or certificateholder. The 12 provisions of this part shall not apply to a continuing care 13 contract issued pursuant to chapter 651 and shall not apply to 14 guaranteed renewable policies issued prior to October 1, 1988. 15 Any limited benefit policy that limits coverage to care in a 16 nursing home or to one or more lower levels of care required 17 or authorized to be provided by this part or by commission 18 rule is a type of long-term care insurance policy that must 19 meet all requirements of this part that apply to long-term 20 care insurance policies, except ss. 627.9407(3)(c), (9), 21 (10)(f), and (12) and 627.94073(2). If the limited benefit 22 policy does not provide coverage for care in a nursing home, 23 but does provide coverage for one or more lower levels of 24 care, the policy shall also be exempt from the requirements of 25 s. 627.9407(3)(d). 26 Section 8. Subsections (1) and (7) of section 27 627.9404, Florida Statutes, are amended to read: 28 627.9404 Definitions.--For the purposes of this part: 29 (1) "Long-term care insurance policy" means any 30 insurance policy or rider advertised, marketed, offered, or 31 designed to provide coverage on an expense-incurred, 2 4:56 PM 04/21/06 s1924c1c-ha02-j03
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1924 Barcode 564940 1 indemnity, prepaid, or other basis for one or more necessary 2 or medically necessary diagnostic, preventive, therapeutic, 3 curing, treating, mitigating, rehabilitative, maintenance, or 4 personal care services provided in a setting other than an 5 acute care unit of a hospital. Long-term care insurance shall 6 not include any insurance policy which is offered primarily to 7 provide basic Medicare supplement coverage, basic hospital 8 expense coverage, basic medical-surgical expense coverage, 9 hospital confinement indemnity coverage, major medical expense 10 coverage, disability income protection coverage, accident only 11 coverage, specified disease or specified accident coverage, or 12 limited benefit health insurance coverage not otherwise 13 defined as long-term care insurance. 14 (7) "Limited benefit policy" means any long-term care 15 insurance policy that limits coverage to care in a nursing 16 home or to one or more lower levels of care required or 17 authorized to be provided by this part or by commission rule. 18 Section 9. Subsections (3) and (7) of section 19 627.9407, Florida Statutes, are amended to read: 20 627.9407 Disclosure, advertising, and performance 21 standards for long-term care insurance.-- 22 (3) RESTRICTIONS.--A long-term care insurance policy 23 may not: 24 (a) Be canceled, nonrenewed, or otherwise terminated 25 on the grounds of the age or the deterioration of the mental 26 or physical health of the insured individual or 27 certificateholder; however, the office may authorize 28 nonrenewal for an insurer on a statewide basis on terms and 29 conditions determined to be necessary by the office to protect 30 the interests of the insureds, if the insurer demonstrates 31 that renewal will jeopardize the insurer's solvency or that 3 4:56 PM 04/21/06 s1924c1c-ha02-j03
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1924 Barcode 564940 1 substantial and unexpected loss experience cannot reasonably 2 be mitigated or remedied. 3 (b) Contain a provision establishing a new waiting 4 period in the event existing coverage is converted to or 5 replaced by a new or other form within the same insurer or any 6 affiliated insurer, except with respect to an increase in 7 benefits voluntarily selected by the insured individual or 8 group policyholder. 9 (c) Restrict its coverage to care only in a nursing 10 home licensed pursuant to part II of chapter 400 or provide 11 significantly more coverage for such care than coverage for 12 lower levels of care. The commission shall adopt rules 13 defining what constitutes significantly more coverage in 14 nursing homes licensed pursuant to part II of chapter 400 than 15 for lower levels of care. 16 (d) Provide coverage for less than 24 consecutive 17 months for nursing home care for each covered person. 18 (d)(e) Contain an elimination period in excess of 180 19 days. As used in this paragraph, the term "elimination period" 20 means the number of days at the beginning of a period of 21 confinement for which no benefits are payable. 22 (7) RATE STRUCTURE.-- 23 (a) A long-term care insurance policy may not be 24 issued if the premiums to be charged are calculated to 25 increase based solely on the age of the insured. 26 (b) Any long-term care insurance policy or certificate 27 issued or renewed, at the option of the policyholder or 28 certificateholder, shall make available to the insured the 29 contingent benefit upon lapse as provided in the Long-Term 30 Care Insurance Model Regulation adopted by the National 31 Association of Insurance Commissioners in the second quarter 4 4:56 PM 04/21/06 s1924c1c-ha02-j03
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1924 Barcode 564940 1 of the year 2000. 2 (c) Any premium increase for existing insureds shall 3 not result in a premium charged to the insureds that would 4 exceed the premium charged on a newly issued insurance policy, 5 except to reflect benefit differences. If the insurer is not 6 currently issuing new coverage, the new business rate shall be 7 as published by the office at the rate representing the new 8 business rate of insurers representing 80 percent of the 9 carriers currently issuing policies with similar coverage as 10 determined by the prior calendar year earned premium. 11 (d) Compliance with the pooling provisions of s. 12 627.410(6)(e)3. shall be determined by pooling the experience 13 of all affiliated insurers. 14 Section 10. Subsection (3) of section 641.2018, 15 Florida Statutes, is amended to read: 16 641.2018 Limited coverage for home health care 17 authorized.-- 18 (3) Any contract that limits coverage to home health 19 care benefits as provided in this section must also meet all 20 of the requirements of ss. 627.9403-627.9408 of the Long-Term 21 Care Insurance Act, except s. 627.9407(3)(c), (d), and (9). 22 Section 11. This act shall apply to long-term care 23 insurance policies issued or renewed on or after July 1, 2006. 24 For any long-term care insurance policy issued prior to July 25 1, 2006, the provisions of section 5 shall apply to such 26 policy only upon renewal of such policy on or after July 1, 27 2008, and the policy shall so provide by endorsement to the 28 policy. 29 30 (Redesignate subsequent sections.) 31 5 4:56 PM 04/21/06 s1924c1c-ha02-j03
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 1924 Barcode 564940 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 5; line 22, after the semicolon, 4 5 insert: 6 creating s. 627.94076, F.S.; requiring 7 long-term care insurance policies to provide 8 incontestability after a certain time period; 9 providing an exception; amending s. 627.9403, 10 F.S.; specifying that certain limited benefit 11 policies are a type of long-term care insurance 12 policy; deleting an exemption from a minimum 13 time period coverage requirement for certain 14 limited benefit policies; amending s. 627.9404, 15 F.S.; revising definitions; amending s. 16 627.9407, F.S.; revising certain restrictions 17 on long-term care insurance policies; providing 18 additional rate structure requirements for 19 long-term care insurance policies; amending s. 20 641.2018, F.S.; correcting a cross-reference; 21 providing application; 22 23 24 25 26 27 28 29 30 31 6 4:56 PM 04/21/06 s1924c1c-ha02-j03