Florida Senate - 2011 SB 1566
By Senator Alexander
17-00981-11 20111566__
1 A bill to be entitled
2 An act relating to interstate health insurance
3 policies; creating s. 624.122, F.S.; authorizing
4 solicitation and sale of interstate health insurance
5 policies in this state by certain persons; providing a
6 definition; requiring interstate health insurance
7 policies and policy applications to contain a certain
8 notice; providing for application of certain
9 provisions to certain insurers; excluding interstate
10 health insurance policies from certain requirements;
11 exempting interstate health insurance policies and
12 applications from certain Florida Insurance Code
13 provisions; providing exceptions; providing an
14 effective date.
15
16 WHEREAS, while many residents of this state have access to
17 first-rate health care, affordable health care coverage is not
18 available to all who wish to purchase it, and
19 WHEREAS, by removing barriers limiting access to affordable
20 health care coverage and expanding opportunities for residents
21 of this state to purchase more affordable coverage, this state
22 can improve access to health care and curtail rising health care
23 costs while preserving the first-rate care that so many
24 Floridians already enjoy, and
25 WHEREAS, it is important to provide residents of this state
26 with more choices when selecting a health insurance product to
27 allow individuals and families the ability to purchase
28 affordable health care coverage, thereby increasing their access
29 to quality health care, NOW, THEREFORE,
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Section 624.122, Florida Statutes, is created to
34 read:
35 624.122 Interstate health insurance policies; notice;
36 exemption.—
37 (1) Interstate health insurance policies and applications
38 may be solicited and sold in this state only by a licensed
39 health insurance agent and underwritten only by an admitted
40 insurer. For purposes of this subsection, the term “interstate
41 health insurance policy” means a policy of health insurance
42 providing creditable coverage as defined in s. 627.6561(5)(a)2.
43 that is offered to an individual who is a resident of this state
44 and the policy is governed by the laws of any state, district,
45 or commonwealth of the United States other than this state.
46 (2) Any interstate health insurance policy sold, and any
47 application for such insurance provided to a resident of this
48 state pursuant to this section, must contain the following
49 conspicuous, boldfaced disclosure in at least 12-point type:
50
51 THIS INDIVIDUAL HEALTH INSURANCE POLICY IS PRIMARILY
52 GOVERNED BY THE LAWS OF ...(INSERT STATE, DISTRICT, OR
53 COMMONWEALTH).... AS A RESULT, THIS POLICY DOES NOT
54 COMPLY WITH COVERAGE, UNDERWRITING, AND OTHER
55 PROVISIONS OF THE FLORIDA INSURANCE CODE. ALL OF THE
56 RATING LAWS APPLICABLE TO POLICIES FILED IN FLORIDA DO
57 NOT APPLY TO THIS COVERAGE, WHICH MAY RESULT IN
58 INCREASES IN YOUR PREMIUM AT RENEWAL THAT WOULD NOT BE
59 PERMISSIBLE UNDER A FLORIDA-APPROVED POLICY. ANY
60 PURCHASE OF INDIVIDUAL HEALTH INSURANCE SHOULD BE
61 CONSIDERED CAREFULLY, AS FUTURE MEDICAL CONDITIONS MAY
62 MAKE IT IMPOSSIBLE TO QUALIFY FOR ANOTHER INDIVIDUAL
63 HEALTH POLICY. FOR INFORMATION CONCERNING INDIVIDUAL
64 HEALTH COVERAGE UNDER A FLORIDA-APPROVED POLICY,
65 CONSULT YOUR AGENT OR THE FLORIDA DEPARTMENT OF
66 FINANCIAL SERVICES.
67
68 (3) Any insurer underwriting interstate health insurance
69 policies pursuant to this section is subject to all applicable
70 provisions of the Florida Insurance Code, except as otherwise
71 provided in this section. Interstate health insurance policies
72 are not subject to any form approval, rate approval,
73 underwriting restrictions, guaranteed availability, or coverage
74 mandates provided in the Florida Insurance Code. Health
75 insurance agents who are licensed and appointed pursuant to
76 chapter 626 may solicit, sell, effect, collect premium on, and
77 deliver interstate heath insurance policies in accordance with
78 this section.
79 (4) Any interstate health insurance policy or application
80 solicited, provided, entered into, issued, or delivered pursuant
81 to this section is exempt from all provisions of the Florida
82 Insurance Code, except that such policy, contract, or agreement
83 is subject to the provisions of ss. 624.155, 624.316, 624.3161,
84 626.951, 626.9511, 626.9521, 626.9541, 626.9551, 626.9561,
85 626.9571, 626.9581, 626.9591, 626.9601, 627.413, 627.4145,
86 627.428, and 627.6043.
87 Section 2. This act shall take effect July 1, 2011.