HB 1191

1	A bill to be entitled
2	An act relating to interstate health insurance policies;
3	creating s. 642.122, F.S.; authorizing solicitation and
4	sale of interstate health insurance policies in this state
5	by certain persons; providing a definition; requiring
6	interstate health insurance policies and policy
7	applications to contain a certain notice; providing for
8	application of certain provisions to certain insurers;
9	excluding interstate health insurance policies from
10	certain requirements; exempting interstate health
11	insurance policies and applications from certain Florida
12	Insurance Code provisions; providing exceptions; providing
13	an effective date.
14
15	WHEREAS, while many residents of this state have access to
16	first-rate health care, affordable health care coverage is not
17	available to all who wish to purchase it, and
18	WHEREAS, by removing barriers limiting access to affordable
19	health care coverage and expanding opportunities for residents
20	of this state to purchase more affordable coverage, this state
21	can improve access to health care and curtail rising health care
22	costs while preserving the first-rate care that so many
23	Floridians already enjoy, and
24	WHEREAS, it is important to provide residents of this state
25	with more choices when selecting a health insurance product to
26	allow individuals and families the ability to purchase
27	affordable health care coverage, thereby increasing their access
28	to quality health care, NOW, THEREFORE,
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Section 624.122, Florida Statutes, is created
33	to read:
34	624.122  Interstate health insurance policies; notice;
35	exemption.-
36	(1)  Interstate health insurance policies and applications
37	may be solicited and sold in this state only by a licensed
38	health insurance agent and underwritten only by an admitted
39	insurer. For purposes of this subsection, the term "interstate
40	health insurance policy" means a policy of health insurance
41	providing creditable coverage as defined in s. 627.6561(5)(a)2.
42	that is offered to an individual who is a resident of this state
43	and the policy is governed by the laws of any state, district,
44	or commonwealth of the United States other than this state.
45	(2)  Any interstate health insurance policy sold, and any
46	application for such insurance provided to a resident of this
47	state pursuant to this section, must contain the following
48	conspicuous, boldfaced disclosure in at least 12-point type:
49
50	THIS INDIVIDUAL HEALTH INSURANCE POLICY IS PRIMARILY
51	GOVERNED BY THE LAWS OF ...(INSERT STATE, DISTRICT, OR
52	COMMONWEALTH).... AS A RESULT, THIS POLICY DOES NOT
53	COMPLY WITH COVERAGE, UNDERWRITING, AND OTHER PROVISIONS
54	OF THE FLORIDA INSURANCE CODE. ALL OF THE RATING LAWS
55	APPLICABLE TO POLICIES FILED IN FLORIDA DO NOT APPLY TO
56	THIS COVERAGE, WHICH MAY RESULT IN INCREASES IN YOUR
57	PREMIUM AT RENEWAL THAT WOULD NOT BE PERMISSIBLE UNDER A
58	FLORIDA-APPROVED POLICY. ANY PURCHASE OF INDIVIDUAL
59	HEALTH INSURANCE SHOULD BE CONSIDERED CAREFULLY, AS
60	FUTURE MEDICAL CONDITIONS MAY MAKE IT IMPOSSIBLE TO
61	QUALIFY FOR ANOTHER INDIVIDUAL HEALTH POLICY. FOR
62	INFORMATION CONCERNING INDIVIDUAL HEALTH COVERAGE UNDER A
63	FLORIDA-APPROVED POLICY, CONSULT YOUR AGENT OR THE
64	FLORIDA DEPARTMENT OF FINANCIAL SERVICES.
65
66	(3)  Any insurer underwriting interstate health insurance
67	policies pursuant to this section is subject to all applicable
68	provisions of the Florida Insurance Code, except as otherwise
69	provided in this section. Interstate health insurance policies
70	are not subject to any form approval, rate approval,
71	underwriting restrictions, guaranteed availability, or coverage
72	mandates provided in the Florida Insurance Code. Health
73	insurance agents who are licensed and appointed pursuant to
74	chapter 626 may solicit, sell, effect, collect premium on, and
75	deliver interstate heath insurance policies in accordance with
76	this section.
77	(4)  Any interstate health insurance policy or application
78	solicited, provided, entered into, issued, or delivered pursuant
79	to this section is exempt from all provisions of the Florida
80	Insurance Code, except that such policy, contract, or agreement
81	is subject to the provisions of ss. 624.155, 624.316, 624.3161,
82	626.951, 626.9511, 626.9521, 626.9541, 626.9551, 626.9561,
83	626.9571, 626.9581, 626.9591, 626.9601, 627.413, 627.4145,
84	627.428, and 627.6043.
85	Section 2.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.