Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 2286
       
       
       
       
       
       
                                Barcode 330088                          
       
                              LEGISLATIVE ACTION                        
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       Senator Gardiner moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 3602 and 3603
    4  insert:
    5         Section 68. Effective October 1, 2009, and applicable to
    6  all policies issued or renewed on or after that date, section
    7  627.6562, Florida Statutes, is amended to read:
    8         627.6562 Dependent coverage.—
    9         (1) If an insurer offers coverage under a group, blanket,
   10  or franchise health insurance policy that insures dependent
   11  children of the policyholder or certificateholder, unless the
   12  group policyholder chooses otherwise, the policy must insure a
   13  dependent child of the policyholder or certificateholder at
   14  least until the end of the calendar year in which the child
   15  reaches the age of 25, if the child meets all of the following:
   16         (a) Is unmarried and the child is dependent upon the
   17  policyholder or certificateholder for support.; and
   18         (b) Is a resident of this state The child is living in the
   19  household of the policyholder or certificateholder, or the child
   20  is a full-time or part-time student.
   21         (2) A policy that is subject to the requirements of
   22  subsection (1) must also offer the policyholder or
   23  certificateholder the option to insure a child of the
   24  policyholder or certificateholder at least until the end of the
   25  calendar year in which the child reaches the age of 30, if the
   26  child:
   27         (a) Is unmarried and does not have a dependent of his or
   28  her own;
   29         (b) Is a resident of this state or a full-time or part-time
   30  student; and
   31         (c) Is not provided coverage as a named subscriber,
   32  insured, enrollee, or covered person under any other group,
   33  blanket, or franchise health insurance policy or individual
   34  health benefits plan, or is eligible for coverage as an employee
   35  under an employer sponsored health plan, or is not entitled to
   36  benefits under Title XVIII of the Social Security Act.
   37         (3) If, pursuant to subsection (2), a child is provided
   38  coverage under the parent’s policy after the end of the calendar
   39  year in which the child reaches age 30 25 and coverage for the
   40  child is subsequently terminated, the child is not eligible to
   41  be covered under the parent’s policy unless the child was
   42  continuously covered by other creditable coverage without a gap
   43  in coverage of more than 63 days. For the purposes of this
   44  subsection, the term “creditable coverage” has the same meaning
   45  as provided in s. 627.6561(5).
   46         (4) This section does not:
   47         (a) Affect or preempt an insurer’s right to medically
   48  underwrite or charge the appropriate premium; and carriers,
   49  including small employer carriers as defined in s.
   50  627.6699(3)(w), are expressly authorized to charge actuarially
   51  sound, distinct rates which are separate from the rates for
   52  dependent coverage, for coverage of children of
   53  certificateholders covered under subsection (2);
   54         (b) Require coverage for services provided to a dependent
   55  before October 1, 2009 October 1, 2008;
   56         (c) Require an employer to pay all or part of the cost of
   57  coverage provided for a dependent under this section; or
   58         (d) Prohibit an insurer or health maintenance organization
   59  from increasing the limiting age for dependent coverage to age
   60  30 in policies or contracts issued or renewed prior to the
   61  effective date of this act.
   62         (5)(a) Until April 1, 2009, the parent of a child who
   63  qualifies for coverage under subsection (2) but whose coverage
   64  as a dependent child under the parent’s plan terminated under
   65  the terms of the plan before October 1, 2008, may make a written
   66  election to reinstate coverage, without proof of insurability,
   67  under that plan as a dependent child pursuant to this section.
   68  All other dependent children who qualify for coverage under
   69  subsection (2) are automatically covered at least until the end
   70  of the calendar year in which the child reaches age 30, unless
   71  the insured provides the group policyholder with written
   72  evidence that the dependent child is married, is not a resident
   73  of this state, is covered under a separate comprehensive health
   74  insurance policy, is covered under a health benefit plan, or is
   75  entitled to benefits under Title XVIII of the Social Security
   76  Act.
   77         (b) The covered person’s plan may require the payment of a
   78  premium by the covered person or dependent child, as
   79  appropriate, subject to the approval of the Office of Insurance
   80  Regulation, for any period of coverage relating to a dependent’s
   81  written election for coverage pursuant to paragraph (a).
   82         (c) Notice regarding the reinstatement of coverage for a
   83  dependent child as provided under this subsection must be
   84  provided to a covered person in the certificate of coverage
   85  prepared for covered persons by the insurer or by the covered
   86  person’s employer. Such notice may be given through the group
   87  policyholder.
   88         (6) This section and any cross-references to this section
   89  are only intended to apply for group major medical policies and
   90  are not intended to apply to conversion policies, policies
   91  offered under the Consolidated Omnibus Budget Reconciliation Act
   92  of 1985 or s. 627.6692, individual policies, out-of-state group
   93  policies written pursuant to s. 627.6515, or limited benefit or
   94  supplemental policies, including but not limited to dental,
   95  vision, does not apply to accident only, specified disease,
   96  disability income, Medicare supplement, or long-term care
   97  insurance policies, or other supplemental or limited benefit
   98  policies.
   99  
  100  
  101  ================= T I T L E  A M E N D M E N T ================
  102  And the title is amended as follows:
  103  
  104         Delete line 297
  105  and insert:
  106         compendium”; amending s. 627.6562, F.S.; providing
  107         criteria for health insurance eligibility for
  108         dependent children; providing for exemptions;
  109         providing that all dependent children who qualify for
  110         coverage are automatically covered at least until the
  111         end of the calendar year in which the child reaches
  112         age 30; providing exceptions; providing for
  113         applicability; amending s. 651.105, F.S.; revising the