Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1022
       
       
       
       
       
       
                                Barcode 565354                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/17/2009           .                                
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       The Committee on Banking and Insurance (Fasano) recommended the
       following:
       
    1         Senate Substitute for Amendment (836234) (with title
    2  amendment)
    3  
    4         Delete lines 11 - 42
    5  and insert:
    6         Section 1. Subsection (1) of section 627.6741, Florida
    7  Statutes, is amended to read:
    8         627.6741 Issuance, cancellation, nonrenewal, and
    9  replacement.—
   10         (1)(a) An insurer issuing Medicare supplement policies in
   11  this state shall offer the opportunity of enrolling in a
   12  Medicare supplement policy, without conditioning the issuance or
   13  effectiveness of the policy on, and without discriminating in
   14  the price of the policy based on, the medical or health status
   15  or receipt of health care by the individual:
   16         1.(a) To any individual who is 65 years of age or older, or
   17  under age 65 and eligible for Medicare by reason of disability
   18  or end-stage renal disease, and who resides in this state, upon
   19  the request of the individual during the 6-month period
   20  beginning with the first month in which the individual has
   21  attained 65 years of age and is enrolled in Medicare Part part
   22  B, or is eligible for Medicare by reason of disability or end
   23  stage renal disease, and is enrolled in Medicare Part B; or
   24         2.(b) To any individual who is 65 years of age or older, or
   25  under age 65 and eligible for Medicare by reason of disability
   26  or end-stage renal disease, and is enrolled in Medicare Part
   27  part B, who resides in this state, upon the request of the
   28  individual during the 2-month period following termination of
   29  coverage under a group health insurance policy;.
   30         (b)The 6-month period to enroll in a Medicare Supplement
   31  policy for an individual who is under age 65 and eligible for
   32  Medicare as a result of a disability or end-stage renal disease
   33  and otherwise eligible under paragraphs (a) and(b) and first
   34  enrolled in Medicare Part B before July 1, 2009, begins on July
   35  1, 2009.
   36         (c)A company that has offered Medicare Supplement policies
   37  to individuals under age 65 and eligible for Medicare by reason
   38  of disability or end-stage renal disease before July 1, 2009,
   39  may, one time only, effect a rate schedule change that redefines
   40  the age bands of the premium classes without activating the
   41  period of discontinuance required by s. 627.410(6)(e)2.
   42         (e)As a part of an insurer’s first rate filing for a block
   43  of policy forms in 2012, an insurer may propose a rate
   44  adjustment that considers the experience of the policies or
   45  certificates for those individuals under age 65 separate from
   46  the balance of the block. For this one filing only, credibility
   47  of that experience shall be as follows: if a block of policy
   48  forms has 1,250 or more policies or certificates in force in the
   49  age band, including ages under age 65, full or 100 percent
   50  credibility shall be given to the experience. If fewer than 250
   51  policies or certificates are in force, zero or 0 percent
   52  credibility shall be given. Linear interpolation is used for in
   53  force amounts between the low and high values. Florida-only
   54  experience shall be used if it is 100 percent credible. If
   55  Florida experience is not 100 percent credible, a combination of
   56  Florida and nationwide experience shall be used. If Florida
   57  experience is zero percent credible, nationwide experience shall
   58  be used.
   59  
   60  A Medicare supplement policy issued to an individual under
   61  paragraph (a) or paragraph (b) may not exclude benefits based on
   62  a preexisting condition if the individual has a continuous
   63  period of creditable coverage, as defined in s. 627.6561(5), of
   64  at least 6 months as of the date of application for coverage.
   65  
   66  ================= T I T L E  A M E N D M E N T ================
   67         And the title is amended as follows:
   68         Delete lines 3 - 6
   69  and insert:
   70  F.S.; requiring that insurers issuing Medicare supplement
   71  policies in this state offer the opportunity to enroll in a
   72  Medicare supplement policies to certain individuals having a
   73  disability or retinal disease; permitting insurers offering
   74  Medicare supplement policies to effect a one-time rate schedule
   75  change; authorizing insurers to propose a rate adjustment that
   76  considers the experience of policies or certificates for persons
   77  younger than 65 years of age; establishing credibility criteria
   78  for the rate adjustment; providing an effective