Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for SB 1922
       
       
       
       
       
       
                                Barcode 320662                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             05/02/2011 03:34 PM       .                                
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       Senator Garcia moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 112 - 289
    4  and insert:
    5         (4) ELIGIBILITY AND PARTICIPATION.—Participation in the
    6  program is voluntary and shall be available to employers,
    7  individuals, vendors, and health insurance agents as specified
    8  in this subsection.
    9         (a) Employers eligible to enroll in the program include:
   10         1. Employers that meet criteria established by the
   11  corporation and elect to make their employees eligible for one
   12  or more health products offered through the program have 1 to 50
   13  employees.
   14         2. Fiscally constrained counties described in s. 218.67.
   15         3. Municipalities having populations of fewer than 50,000
   16  residents.
   17         4. School districts in fiscally constrained counties.
   18         5. Statutory rural hospitals.
   19         (b) Individuals eligible to participate in the program
   20  include:
   21         1. Individual employees of enrolled employers.
   22         2. State employees not eligible for state employee health
   23  benefits.
   24         3. State retirees.
   25         4. Medicaid reform participants who opt out select the opt
   26  out provision of reform.
   27         5. Statutory rural hospitals.
   28         (c) Employers who choose to participate in the program may
   29  enroll by complying with the procedures established by the
   30  corporation. The procedures must include, but are not limited
   31  to:
   32         1. Submission of required information.
   33         2. Compliance with federal tax requirements for the
   34  establishment of a cafeteria plan, pursuant to s. 125 of the
   35  Internal Revenue Code, including designation of the employer’s
   36  plan as a premium payment plan, a salary reduction plan that has
   37  flexible spending arrangements, or a salary reduction plan that
   38  has a premium payment and flexible spending arrangements.
   39         3. Determination of the employer’s contribution, if any,
   40  per employee, provided that such contribution is equal for each
   41  eligible employee.
   42         4. Establishment of payroll deduction procedures, subject
   43  to the agreement of each individual employee who voluntarily
   44  participates in the program.
   45         5. Designation of the corporation as the third-party
   46  administrator for the employer’s health benefit plan.
   47         6. Identification of eligible employees.
   48         7. Arrangement for periodic payments.
   49         8. Employer notification to employees of the intent to
   50  transfer from an existing employee health plan to the program at
   51  least 90 days before the transition.
   52         (d) All eligible vendors who choose to participate and the
   53  products and services that the vendors are permitted to sell are
   54  as follows:
   55         1. Insurers licensed under chapter 624 may sell health
   56  insurance policies, limited benefit policies, other risk-bearing
   57  coverage, and other products or services.
   58         2. Health maintenance organizations licensed under part I
   59  of chapter 641 may sell health maintenance contracts insurance
   60  policies, limited benefit policies, other risk-bearing products,
   61  and other products or services.
   62         3. Prepaid limited health service organizations may sell
   63  products and services as authorized under part I of chapter 636,
   64  and discount medical plan organizations may sell products and
   65  services as authorized under part II of chapter 636.
   66         4.3. Prepaid health clinic service providers licensed under
   67  part II of chapter 641 may sell prepaid service contracts and
   68  other arrangements for a specified amount and type of health
   69  services or treatments.
   70         5.4. Health care providers, including hospitals and other
   71  licensed health facilities, health care clinics, licensed health
   72  professionals, pharmacies, and other licensed health care
   73  providers, may sell service contracts and arrangements for a
   74  specified amount and type of health services or treatments.
   75         6.5. Provider organizations, including service networks,
   76  group practices, professional associations, and other
   77  incorporated organizations of providers, may sell service
   78  contracts and arrangements for a specified amount and type of
   79  health services or treatments.
   80         7.6. Corporate entities providing specific health services
   81  in accordance with applicable state law may sell service
   82  contracts and arrangements for a specified amount and type of
   83  health services or treatments.
   84  
   85  A vendor described in subparagraphs 4.-7. 3.-6. may not sell
   86  products that provide risk-bearing coverage unless that vendor
   87  is authorized under a certificate of authority issued by the
   88  Office of Insurance Regulation and is authorized to provide
   89  coverage in the relevant geographic area under the provisions of
   90  the Florida Insurance Code. Otherwise eligible vendors may be
   91  excluded from participating in the program for deceptive or
   92  predatory practices, financial insolvency, or failure to comply
   93  with the terms of the participation agreement or other standards
   94  set by the corporation.
   95         (e) Any risk-bearing product available under subparagraphs
   96  (d)1.-4. must be approved by the Office of Insurance Regulation.
   97  Any non-risk-bearing product must be approved by the
   98  corporation.
   99         (f)(e) Eligible individuals may voluntarily continue
  100  participation in the program regardless of subsequent changes in
  101  job status or Medicaid eligibility. Individuals who join the
  102  program may participate by complying with the procedures
  103  established by the corporation. These procedures must include,
  104  but are not limited to:
  105         1. Submission of required information.
  106         2. Authorization for payroll deduction.
  107         3. Compliance with federal tax requirements.
  108         4. Arrangements for payment in the event of job changes.
  109         5. Selection of products and services.
  110         (g)(f) Vendors who choose to participate in the program may
  111  enroll by complying with the procedures established by the
  112  corporation. These procedures may must include, but are not
  113  limited to:
  114         1. Submission of required information, including a complete
  115  description of the coverage, services, provider network, payment
  116  restrictions, and other requirements of each product offered
  117  through the program.
  118         2. Execution of an agreement that to make all risk-bearing
  119  products offered through the program are in compliance with the
  120  insurance code and are guaranteed-issue policies, subject to
  121  preexisting condition exclusions established by the corporation.
  122         3. Execution of an agreement that prohibits refusal to sell
  123  any offered non-risk-bearing product to a participant who elects
  124  to buy it.
  125         4. Establishment of product prices based on age, gender,
  126  family composition, and location of the individual participant,
  127  which may include medical underwriting.
  128         5. Arrangements for receiving payment for enrolled
  129  participants.
  130         6. Participation in ongoing reporting processes established
  131  by the corporation.
  132         7. Compliance with grievance procedures established by the
  133  corporation.
  134         (h)(g) Health insurance agents licensed under part IV of
  135  chapter 626 are eligible to voluntarily participate as buyers’
  136  representatives. A buyer’s representative acts on behalf of an
  137  individual purchasing health insurance and health services
  138  through the program by providing information about products and
  139  services available through the program and assisting the
  140  individual with both the decision and the procedure of selecting
  141  specific products. Serving as a buyer’s representative does not
  142  constitute a conflict of interest with continuing
  143  responsibilities as a health insurance agent if the relationship
  144  between each agent and any participating vendor is disclosed
  145  before advising an individual participant about the products and
  146  services available through the program. In order to participate,
  147  a health insurance agent shall comply with the procedures
  148  established by the corporation, including:
  149         1. Completion of training requirements.
  150         2. Execution of a participation agreement specifying the
  151  terms and conditions of participation.
  152         3. Disclosure of any appointments to solicit insurance or
  153  procure applications for vendors participating in the program.
  154         4. Arrangements to receive payment from the corporation for
  155  services as a buyer’s representative.
  156         (5) PRODUCTS.—
  157         (a) The products that may be made available for purchase
  158  through the program include, but are not limited to:
  159         1. Health insurance policies.
  160         2. Limited benefit plans.
  161         3. Prepaid clinic services.
  162         4. Service contracts.
  163         5. Arrangements for purchase of specific amounts and types
  164  of health services and treatments.
  165         6. Flexible spending accounts.
  166         7.Health maintenance contracts.
  167         (b) Health insurance policies, health maintenance
  168  contracts, limited benefit plans, prepaid service contracts, and
  169  other contracts for services must ensure the availability of
  170  covered services and benefits to participating individuals for
  171  at least 1 full enrollment year.
  172         (c) Products may be offered for multiyear periods provided
  173  the price of the product is specified for the entire period or
  174  for each separately priced segment of the policy or contract.
  175         (d) The corporation shall provide a disclosure form for
  176  consumers to acknowledge their understanding of the nature of,
  177  and any limitations to, the benefits provided by the products
  178  and services being purchased by the consumer.
  179         (e) The corporation must determine that making the plan
  180  available through the program is in the interest of eligible
  181  individuals and eligible employers in the state.
  182         (6) PRICING.—Prices for the products and services sold
  183  through the
  184  
  185  ================= T I T L E  A M E N D M E N T ================
  186         And the title is amended as follows:
  187         Delete line 9
  188  and insert:
  189         contracts or products and services; requiring prices
  190         for the products and services sold through the program
  191         to be transparent to participants and established by
  192         the vendors; requiring certain