Florida Senate - 2011                                    SB 1522
       By Senator Gaetz
       4-01055A-11                                           20111522__
    1                        A bill to be entitled                      
    2         An act relating to wellness or health improvement
    3         programs; amending s. 626.9541, F.S.; authorizing
    4         insurers to offer rewards or incentives to health
    5         benefit plan members to encourage or reward
    6         participation in wellness or health improvement
    7         programs; authorizing insurers to require plan members
    8         not participating in programs to provide verification
    9         that their medical condition warrants
   10         nonparticipation; providing application; providing an
   11         effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Subsection (4) is added to section 626.9541,
   16  Florida Statutes, to read:
   17         626.9541 Unfair methods of competition and unfair or
   18  deceptive acts or practices defined.—
   20         (a) Authorization to offer rewards or incentives for
   21  participation.An insurer issuing a group or individual health
   22  benefit plan may offer a voluntary wellness or health
   23  improvement program and may encourage or reward participation in
   24  the program by authorizing rewards or incentives, including, but
   25  not limited to, merchandise, gift cards, debit cards, premium
   26  discounts or rebates, contributions to a member’s health savings
   27  account, or modifications to copayment, deductible, or
   28  coinsurance amounts.
   29         (b) Verification of medical condition by nonparticipants.
   30  An insurer may require a health benefit plan member to provide
   31  verification, such as an affirming statement from the member’s
   32  physician, that the member’s medical condition makes it
   33  unreasonably difficult or inadvisable to participate in the
   34  wellness or health improvement program.
   36  A reward or incentive offered under this subsection is not a
   37  violation of this section if it is disclosed in the policy or
   38  certificate. This subsection does not prohibit insurers from
   39  offering other incentives or rewards for adherence to a wellness
   40  or health improvement program if otherwise authorized by state
   41  or federal law.
   42         Section 2. This act shall take effect July 1, 2011.