Florida Senate - 2011                                    SB 1922
       
       
       
       By Senator Garcia
       
       
       
       
       40-01429B-11                                          20111922__
    1                        A bill to be entitled                      
    2         An act relating to health insurance; amending s.
    3         408.910, F.S.; defining the terms “corporation’s
    4         marketplace,” “health benefit plan,” and “small
    5         employer” for purposes of the Florida Health Choices
    6         Program; redefining the term “insurer” to include
    7         health maintenance organizations; revising the types
    8         of employers who are eligible to enroll in the
    9         program; authorizing health maintenance organizations
   10         to sell health maintenance contracts under the
   11         program; requiring the Office of Insurance Regulation
   12         to approve risk-bearing products that are sold by
   13         vendors; requiring health maintenance contracts to
   14         ensure the availability of covered services and
   15         benefits to participating individuals for a specified
   16         period; requiring Florida Health Choices, Inc., to
   17         approve of certain nonrisk-bearing products; requiring
   18         the corporation to determine that making the product
   19         available through the program is in the interest of
   20         eligible individuals and eligible employers; deleting
   21         the corporation’s requirement to develop a methodology
   22         for evaluating the actuarial soundness of products
   23         offered through the program; requiring the program to
   24         provide a single, centralized market for the purchase
   25         of health insurance, health maintenance contracts, and
   26         other health services; requiring the corporation to
   27         inform individuals about other health care programs;
   28         providing that products sold as part of the program,
   29         except for certain risk-bearing products, are not
   30         subject to certain licensing requirements; requiring
   31         Florida Health Choices, Inc., to phase in the program
   32         by accomplishing certain duties regarding the program;
   33         requiring the program to provide for the operation of
   34         a toll-free hotline; requiring the program to provide
   35         for initial, open, and special enrollment periods;
   36         requiring the program to enable eligible employers to
   37         access coverage for their employees; providing that
   38         the provisions that govern the program do not preempt
   39         or supersede the authority of the Commissioner of
   40         Insurance Regulation to regulate the business of
   41         insurance; requiring all insurers and health
   42         maintenance organizations to comply with all
   43         applicable health insurance laws and orders by the
   44         commissioner; amending s. 409.821, F.S.; authorizing
   45         personal, identifying information of an applicant or
   46         enrollee in the Florida Kidcare program to be
   47         disclosed to Florida Health Choices, Inc., for
   48         purposes of administering the Florida Health Choices
   49         Program; providing an effective date.
   50  
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Section 408.910, Florida Statutes, is amended to
   54  read:
   55         408.910 Florida Health Choices Program.—
   56         (1) LEGISLATIVE INTENT.—The Legislature finds that a
   57  significant number of the residents of this state do not have
   58  adequate access to affordable, quality health care. The
   59  Legislature further finds that increasing access to affordable,
   60  quality health care can be best accomplished by establishing a
   61  competitive market for purchasing health insurance and health
   62  services. It is therefore the intent of the Legislature to
   63  create the Florida Health Choices Program to:
   64         (a) Expand opportunities for Floridians to purchase
   65  affordable health insurance and health services.
   66         (b) Preserve the benefits of employment-sponsored insurance
   67  while easing the administrative burden for employers who offer
   68  these benefits.
   69         (c) Enable individual choice in both the manner and amount
   70  of health care purchased.
   71         (d) Provide for the purchase of individual, portable health
   72  care coverage.
   73         (e) Disseminate information to consumers on the price and
   74  quality of health services.
   75         (f) Sponsor a competitive market that stimulates product
   76  innovation, quality improvement, and efficiency in the
   77  production and delivery of health services.
   78         (2) DEFINITIONS.—As used in this section, the term:
   79         (a) “Corporation” means the Florida Health Choices, Inc.,
   80  established under this section.
   81         (b) “Corporation’s marketplace” means the single,
   82  centralized market established by the program which facilitates
   83  the purchase of products certified by the corporation.
   84         (c) “Health benefit plan” means any hospital or medical
   85  policy or certificate, hospital or medical service plan
   86  contract, or health maintenance organization subscriber
   87  contract.
   88         (d)(b) “Health insurance agent” means an agent licensed
   89  under part IV of chapter 626.
   90         (e)(c) “Insurer” means an entity licensed under chapter 624
   91  which offers an individual health insurance policy or a group
   92  health insurance policy, a preferred provider organization as
   93  defined in s. 627.6471, or an exclusive provider organization as
   94  defined in s. 627.6472, or a health maintenance organization as
   95  defined in chapter 641.
   96         (f)(d) “Program” means the Florida Health Choices Program
   97  established by this section.
   98         (g) “Small employer” means an employer that employed an
   99  average of not more than 50 employees during the preceding
  100  calendar year in the following manner:
  101         1. All employees are counted, including part-time employees
  102  and employees who are not eligible for coverage through the
  103  employer;
  104         2. If an employer was not in existence throughout the
  105  preceding calendar year, the determination of whether the
  106  employer is a small employer is based on the average number of
  107  employees that are reasonably expected to be employed on a
  108  business day in the current calendar year; and
  109         3. An employer that makes enrollment in health benefit
  110  plans available to its employees through the program and would
  111  cease to be a small employer by reason of an increase in the
  112  number of its employees shall continue to be treated as a small
  113  employer for purposes of this section as long as it continuously
  114  makes enrollment through the program available to its employees.
  115         (3) PROGRAM PURPOSE AND COMPONENTS.—The Florida Health
  116  Choices Program is created as a single, centralized market for
  117  the sale and purchase of various products that enable
  118  individuals to pay for health care. These products include, but
  119  are not limited to, health insurance plans, health maintenance
  120  organization plans, prepaid services, service contracts, and
  121  flexible spending accounts. The components of the program
  122  include:
  123         (a) Enrollment of employers.
  124         (b) Administrative services for participating employers,
  125  including:
  126         1. Assistance in seeking federal approval of cafeteria
  127  plans.
  128         2. Collection of premiums and other payments.
  129         3. Management of individual benefit accounts.
  130         4. Distribution of premiums to insurers and payments to
  131  other eligible vendors.
  132         5. Assistance for participants in complying with reporting
  133  requirements.
  134         (c) Services to individual participants, including:
  135         1. Information about available products and participating
  136  vendors.
  137         2. Assistance with assessing the benefits and limits of
  138  each product, including information necessary to distinguish
  139  between policies offering creditable coverage and other products
  140  available through the program.
  141         3. Account information to assist individual participants
  142  with managing available resources.
  143         4. Services that promote healthy behaviors.
  144         (d) Recruitment of vendors, including insurers, health
  145  maintenance organizations, prepaid clinic service providers,
  146  provider service networks, and other providers.
  147         (e) Certification of vendors to ensure capability,
  148  reliability, and validity of offerings.
  149         (f) Collection of data, monitoring, assessment, and
  150  reporting of vendor performance.
  151         (g) Information services for individuals and employers.
  152         (h) Program evaluation.
  153         (4) ELIGIBILITY AND PARTICIPATION.—Participation in the
  154  program is voluntary and shall be available to employers,
  155  individuals, vendors, and health insurance agents as specified
  156  in this subsection.
  157         (a) Employers eligible to enroll in the program include:
  158         1. Employers that meet the criteria established by the
  159  corporation and elect to make their employees eligible for one
  160  or more health plans offered through the program have 1 to 50
  161  employees.
  162         2. Fiscally constrained counties described in s. 218.67.
  163         3. Municipalities having populations of fewer than 50,000
  164  residents.
  165         4. School districts in fiscally constrained counties.
  166         5. Statutory rural hospitals.
  167         (b) Individuals eligible to participate in the program
  168  include:
  169         1. Individual employees of enrolled employers.
  170         2. State employees not eligible for state employee health
  171  benefits.
  172         3. State retirees.
  173         4. Medicaid reform participants who select the opt-out
  174  provision of reform.
  175         5. Statutory rural hospitals.
  176         (c) Employers who choose to participate in the program may
  177  enroll by complying with the procedures established by the
  178  corporation. The procedures must include, but are not limited
  179  to:
  180         1. Submission of required information.
  181         2. Compliance with federal tax requirements for the
  182  establishment of a cafeteria plan, pursuant to s. 125 of the
  183  Internal Revenue Code, including designation of the employer’s
  184  plan as a premium payment plan, a salary reduction plan that has
  185  flexible spending arrangements, or a salary reduction plan that
  186  has a premium payment and flexible spending arrangements.
  187         3. Determination of the employer’s contribution, if any,
  188  per employee, provided that such contribution is equal for each
  189  eligible employee.
  190         4. Establishment of payroll deduction procedures, subject
  191  to the agreement of each individual employee who voluntarily
  192  participates in the program.
  193         5. Designation of the corporation as the third-party
  194  administrator for the employer’s health benefit plan.
  195         6. Identification of eligible employees.
  196         7. Arrangement for periodic payments.
  197         8. Employer notification to employees of the intent to
  198  transfer from an existing employee health plan to the program at
  199  least 90 days before the transition.
  200         (d) Eligible vendors and the products and services that the
  201  vendors are permitted to sell are as follows:
  202         1. Insurers licensed under chapter 624 may sell health
  203  insurance policies, limited benefit policies, other risk-bearing
  204  coverage, and other products or services.
  205         2. Health maintenance organizations licensed under part I
  206  of chapter 641 may sell health maintenance contracts insurance
  207  policies, limited benefit policies, other risk-bearing products,
  208  and other products or services.
  209         3. Prepaid health clinic service providers licensed under
  210  part II of chapter 641 may sell prepaid service contracts and
  211  other arrangements for a specified amount and type of health
  212  services or treatments.
  213         4. Health care providers, including hospitals and other
  214  licensed health facilities, health care clinics, licensed health
  215  professionals, pharmacies, and other licensed health care
  216  providers, may sell service contracts and arrangements for a
  217  specified amount and type of health services or treatments.
  218         5. Provider organizations, including service networks,
  219  group practices, professional associations, and other
  220  incorporated organizations of providers, may sell service
  221  contracts and arrangements for a specified amount and type of
  222  health services or treatments.
  223         6. Corporate entities providing specific health services in
  224  accordance with applicable state law may sell service contracts
  225  and arrangements for a specified amount and type of health
  226  services or treatments.
  227  
  228  A vendor described in subparagraphs 3.-6. may not sell products
  229  that provide risk-bearing coverage unless that vendor is
  230  authorized under a certificate of authority issued by the Office
  231  of Insurance Regulation under the provisions of the Florida
  232  Insurance Code. Otherwise eligible vendors may be excluded from
  233  participating in the program for deceptive or predatory
  234  practices, financial insolvency, or failure to comply with the
  235  terms of the participation agreement or other standards set by
  236  the corporation. The Office of Insurance Regulation shall
  237  approve the risk-bearing products that are available under
  238  subparagraph 1. or subparagraph 2.
  239         (e) Eligible individuals may voluntarily continue
  240  participation in the program regardless of subsequent changes in
  241  job status or Medicaid eligibility. Individuals who join the
  242  program may participate by complying with the procedures
  243  established by the corporation. These procedures must include,
  244  but are not limited to:
  245         1. Submission of required information.
  246         2. Authorization for payroll deduction.
  247         3. Compliance with federal tax requirements.
  248         4. Arrangements for payment in the event of job changes.
  249         5. Selection of products and services.
  250         (f) Vendors who choose to participate in the program may
  251  enroll by complying with the procedures established by the
  252  corporation. These procedures must include, but are not limited
  253  to:
  254         1. Submission of required information, including a complete
  255  description of the coverage, services, provider network, payment
  256  restrictions, and other requirements of each product offered
  257  through the program.
  258         2. Execution of an agreement to make all risk-bearing
  259  products offered through the program guaranteed-issue policies,
  260  subject to preexisting condition exclusions established by the
  261  corporation.
  262         3. Execution of an agreement that prohibits refusal to sell
  263  any offered non-risk-bearing product to a participant who elects
  264  to buy it.
  265         4. Establishment of product prices based on age, gender,
  266  and location of the individual participant.
  267         5. Arrangements for receiving payment for enrolled
  268  participants.
  269         6. Participation in ongoing reporting processes established
  270  by the corporation.
  271         7. Compliance with grievance procedures established by the
  272  corporation.
  273         (g) Health insurance agents licensed under part IV of
  274  chapter 626 are eligible to voluntarily participate as buyers’
  275  representatives. A buyer’s representative acts on behalf of an
  276  individual purchasing health insurance and health services
  277  through the program by providing information about products and
  278  services available through the program and assisting the
  279  individual with both the decision and the procedure of selecting
  280  specific products. Serving as a buyer’s representative does not
  281  constitute a conflict of interest with continuing
  282  responsibilities as a health insurance agent if the relationship
  283  between each agent and any participating vendor is disclosed
  284  before advising an individual participant about the products and
  285  services available through the program. In order to participate,
  286  a health insurance agent shall comply with the procedures
  287  established by the corporation, including:
  288         1. Completion of training requirements.
  289         2. Execution of a participation agreement specifying the
  290  terms and conditions of participation.
  291         3. Disclosure of any appointments to solicit insurance or
  292  procure applications for vendors participating in the program.
  293         4. Arrangements to receive payment from the corporation for
  294  services as a buyer’s representative.
  295         (5) PRODUCTS.—
  296         (a) The products that may be made available for purchase
  297  through the program include, but are not limited to:
  298         1. Health insurance policies.
  299         2. Limited benefit plans.
  300         3. Prepaid clinic services.
  301         4. Service contracts.
  302         5. Arrangements for purchase of specific amounts and types
  303  of health services and treatments.
  304         6. Flexible spending accounts.
  305         7. Health maintenance contracts.
  306         (b) Health insurance policies, health maintenance
  307  contracts, limited benefit plans, prepaid service contracts, and
  308  other contracts for services must ensure the availability of
  309  covered services and benefits to participating individuals for
  310  at least 1 full enrollment year.
  311         (c) Products may be offered for multiyear periods provided
  312  the price of the product is specified for the entire period or
  313  for each separately priced segment of the policy or contract.
  314         (d) The corporation shall provide a disclosure form for
  315  consumers to acknowledge their understanding of the nature of,
  316  and any limitations to, the benefits provided by the products
  317  and services being purchased by the consumer.
  318         (e) Any nonrisk-bearing products other than those set forth
  319  in paragraph (a) must be approved by the corporation.
  320         (f) The corporation shall determine that making the health
  321  benefit plan available through the program is in the interest of
  322  eligible individuals and eligible employers in the state.
  323         (6) PRICING.—Prices for the products sold through the
  324  program must be transparent to participants and established by
  325  the vendors based on age, gender, and location of participants.
  326  The corporation shall develop a methodology for evaluating the
  327  actuarial soundness of products offered through the program. The
  328  methodology shall be reviewed by the Office of Insurance
  329  Regulation prior to use by the corporation. Before making the
  330  product available to individual participants, the corporation
  331  shall use the methodology to compare the expected health care
  332  costs for the covered services and benefits to the vendor’s
  333  price for that coverage. The results shall be reported to
  334  individuals participating in the program. Once established, the
  335  price set by the vendor must remain in force for at least 1 year
  336  and may only be redetermined by the vendor at the next annual
  337  enrollment period. The corporation shall annually assess a
  338  surcharge for each premium or price set by a participating
  339  vendor. The surcharge may not be more than 2.5 percent of the
  340  price and shall be used to generate funding for administrative
  341  services provided by the corporation and payments to buyers’
  342  representatives.
  343         (7) THE MARKETPLACE PROCESS EXCHANGE PROCESS.—The program
  344  shall provide a single, centralized market for the purchase of
  345  health insurance, health maintenance contracts, and other health
  346  services. Purchases may be made by participating individuals
  347  over the Internet or through the services of a participating
  348  health insurance agent. Information about each product and
  349  service available through the program shall be made available
  350  through printed material and an interactive Internet website. A
  351  participant needing personal assistance to select products and
  352  services shall be referred to a participating agent in his or
  353  her area.
  354         (a) Participation in the program may begin at any time
  355  during a year after the employer completes enrollment and meets
  356  the requirements specified by the corporation pursuant to
  357  paragraph (4)(c).
  358         (b) Initial selection of products and services must be made
  359  by an individual participant within 60 days after the date the
  360  individual’s employer qualified for participation. An individual
  361  who fails to enroll in products and services by the end of this
  362  period is limited to participation in flexible spending account
  363  services until the next annual enrollment period.
  364         (c) Initial enrollment periods for each product selected by
  365  an individual participant must last at least 12 months, unless
  366  the individual participant specifically agrees to a different
  367  enrollment period.
  368         (d) If an individual has selected one or more products and
  369  enrolled in those products for at least 12 months or any other
  370  period specifically agreed to by the individual participant,
  371  changes in selected products and services may only be made
  372  during the annual enrollment period established by the
  373  corporation.
  374         (e) The limits established in paragraphs (b)-(d) apply to
  375  any risk-bearing product that promises future payment or
  376  coverage for a variable amount of benefits or services. The
  377  limits do not apply to initiation of flexible spending plans if
  378  those plans are not associated with specific high-deductible
  379  insurance policies or the use of spending accounts for any
  380  products offering individual participants specific amounts and
  381  types of health services and treatments at a contracted price.
  382         (8) CONSUMER INFORMATION.—The corporation shall establish a
  383  secure website to facilitate the purchase of products and
  384  services by participating individuals. The website must provide
  385  information about each product or service available through the
  386  program.
  387         (a) Before Prior to making a risk-bearing product available
  388  through the program, the corporation shall provide information
  389  regarding the product to the Office of Insurance Regulation. The
  390  office shall review the product information and provide consumer
  391  information and a recommendation on the risk-bearing product to
  392  the corporation within 30 days after receiving the product
  393  information.
  394         1. Upon receiving a recommendation that a risk-bearing
  395  product should be made available in the corporation’s
  396  marketplace, the corporation may include the product on its
  397  website. If the consumer information and recommendation is not
  398  received within 30 days, the corporation may make the risk
  399  bearing product available on the website without consumer
  400  information from the office.
  401         2. Upon receiving a recommendation that a risk-bearing
  402  product should not be made available in the corporation’s
  403  marketplace, the risk-bearing product may be included as an
  404  eligible product in the corporation’s marketplace and on its
  405  website only if a majority of the board of directors vote to
  406  include the product.
  407         (b) If a risk-bearing product is made available on the
  408  website, the corporation shall make the consumer information and
  409  office recommendation available on the website and in print
  410  format. The corporation shall make late-submitted and ongoing
  411  updates to consumer information available on the website and in
  412  print format.
  413         (c) The corporation shall inform individuals about other
  414  public health care programs.
  415         (9) RISK POOLING.—The program shall use utilize methods for
  416  pooling the risk of individual participants and preventing
  417  selection bias. These methods shall include, but are not limited
  418  to, a postenrollment risk adjustment of the premium payments to
  419  the vendors. The corporation shall establish a methodology for
  420  assessing the risk of enrolled individual participants based on
  421  data reported by the vendors about their enrollees. Monthly
  422  distributions of payments to the vendors shall be adjusted based
  423  on the assessed relative risk profile of the enrollees in each
  424  risk-bearing product for the most recent period for which data
  425  is available.
  426         (10) EXEMPTIONS.—
  427         (a) Products, other than those risk-bearing products set
  428  forth in subparagraphs (4)(d)1. and 2., Policies sold as part of
  429  the program are not subject to the licensing requirements of the
  430  Florida Insurance Code, chapter 641, or the mandated offerings
  431  or coverages established in part VI of chapter 627 and chapter
  432  641.
  433         (b) The corporation may act as an administrator as defined
  434  in s. 626.88 but is not required to be certified pursuant to
  435  part VII of chapter 626. However, a third party administrator
  436  used by the corporation must be certified under part VII of
  437  chapter 626.
  438         (11) CORPORATION.—There is created the Florida Health
  439  Choices, Inc., which shall be registered, incorporated,
  440  organized, and operated in compliance with part III of chapter
  441  112 and chapters 119, 286, and 617. The purpose of the
  442  corporation is to administer the program created in this section
  443  and to conduct such other business as may further the
  444  administration of the program.
  445         (a) The corporation shall be governed by a 15-member board
  446  of directors consisting of:
  447         1. Three ex officio, nonvoting members to include:
  448         a. The Secretary of Health Care Administration or a
  449  designee with expertise in health care services.
  450         b. The Secretary of Management Services or a designee with
  451  expertise in state employee benefits.
  452         c. The commissioner of the Office of Insurance Regulation
  453  or a designee with expertise in insurance regulation.
  454         2. Four members appointed by and serving at the pleasure of
  455  the Governor.
  456         3. Four members appointed by and serving at the pleasure of
  457  the President of the Senate.
  458         4. Four members appointed by and serving at the pleasure of
  459  the Speaker of the House of Representatives.
  460         5. Board members may not include insurers, health insurance
  461  agents or brokers, health care providers, health maintenance
  462  organizations, prepaid service providers, or any other entity,
  463  affiliate or subsidiary of eligible vendors.
  464         (b) Members shall be appointed for terms of up to 3 years.
  465  Any member is eligible for reappointment. A vacancy on the board
  466  shall be filled for the unexpired portion of the term in the
  467  same manner as the original appointment.
  468         (c) The board shall select a chief executive officer for
  469  the corporation who shall be responsible for the selection of
  470  such other staff as may be authorized by the corporation’s
  471  operating budget as adopted by the board.
  472         (d) Board members are entitled to receive, from funds of
  473  the corporation, reimbursement for per diem and travel expenses
  474  as provided by s. 112.061. No other compensation is authorized.
  475         (e) There is no liability on the part of, and no cause of
  476  action shall arise against, any member of the board or its
  477  employees or agents for any action taken by them in the
  478  performance of their powers and duties under this section.
  479         (f) The board shall develop and adopt bylaws and other
  480  corporate procedures as necessary for the operation of the
  481  corporation and carrying out the purposes of this section. The
  482  bylaws shall:
  483         1. Specify procedures for selection of officers and
  484  qualifications for reappointment, provided that no board member
  485  shall serve more than 9 consecutive years.
  486         2. Require an annual membership meeting that provides an
  487  opportunity for input and interaction with individual
  488  participants in the program.
  489         3. Specify policies and procedures regarding conflicts of
  490  interest, including the provisions of part III of chapter 112,
  491  which prohibit a member from participating in any decision that
  492  would inure to the benefit of the member or the organization
  493  that employs the member. The policies and procedures shall also
  494  require public disclosure of the interest that prevents the
  495  member from participating in a decision on a particular matter.
  496         (g) The corporation may exercise all powers granted to it
  497  under chapter 617 necessary to carry out the purposes of this
  498  section, including, but not limited to, the power to receive and
  499  accept grants, loans, or advances of funds from any public or
  500  private agency and to receive and accept from any source
  501  contributions of money, property, labor, or any other thing of
  502  value to be held, used, and applied for the purposes of this
  503  section.
  504         (h) The corporation may establish technical advisory panels
  505  consisting of interested parties, including consumers, health
  506  care providers, individuals with expertise in insurance
  507  regulation, and insurers.
  508         (i) The corporation shall phase in the program to:
  509         1. Determine eligibility of employers, vendors,
  510  individuals, and agents in accordance with subsection (4).
  511         2. Establish procedures necessary for the operation of the
  512  program, including, but not limited to, procedures for
  513  application, enrollment, risk assessment, risk adjustment, plan
  514  administration, performance monitoring, and consumer education.
  515         3. Arrange for collection of contributions from
  516  participating employers and individuals to pay for:
  517         a. Products purchased through the corporation’s
  518  marketplace; or
  519         b. Other public health care programs approved by the
  520  corporation.
  521         4. Arrange for payment of premiums and other appropriate
  522  disbursements based on the selections of products and services
  523  by the individual participants.
  524         5. Establish criteria for disenrollment of participating
  525  individuals based on failure to pay the individual’s share of
  526  any contribution required to maintain enrollment in selected
  527  products.
  528         6. Establish criteria for exclusion of vendors pursuant to
  529  paragraph (4)(d).
  530         7. Develop and implement a plan for promoting public
  531  awareness of and participation in the program.
  532         8. Secure staff and consultant services necessary to the
  533  operation of the program.
  534         9. Establish policies and procedures regarding
  535  participation in the program for individuals, vendors, health
  536  insurance agents, and employers.
  537         10. Provide for the operation of a toll-free hotline to
  538  respond to requests for assistance. Develop a plan, in
  539  coordination with the Department of Revenue, to establish tax
  540  credits or refunds for employers that participate in the
  541  program. The corporation shall submit the plan to the Governor,
  542  the President of the Senate, and the Speaker of the House of
  543  Representatives by January 1, 2009.
  544         11. Provide for initial, open, and special enrollment
  545  periods.
  546         12.Enable an eligible employer to access coverage for its
  547  employees which may enable any eligible employer to select one
  548  or more products available through the program so that any of
  549  its eligible employees may enroll.
  550         (12) REPORT.—Beginning in the 2009-2010 fiscal year, submit
  551  by February 1 an annual report to the Governor, the President of
  552  the Senate, and the Speaker of the House of Representatives
  553  documenting the corporation’s activities in compliance with the
  554  duties delineated in this section.
  555         (13) PROGRAM INTEGRITY.—To ensure program integrity and to
  556  safeguard the financial transactions made under the auspices of
  557  the program, the corporation is authorized to establish
  558  qualifying criteria and certification procedures for vendors,
  559  require performance bonds or other guarantees of ability to
  560  complete contractual obligations, monitor the performance of
  561  vendors, and enforce the agreements of the program through
  562  financial penalty or disqualification from the program.
  563         (14) RELATION TO OTHER LAWS.—This section or any action
  564  taken by the corporation does not preempt or supersede the
  565  authority of the commissioner to regulate the business of
  566  insurance within the state. Except as expressly provided to the
  567  contrary in this section, an insurer or health maintenance
  568  organization offering health benefit plans in this state must
  569  comply fully with all applicable health insurance laws in this
  570  state and orders issued by the commissioner.
  571         Section 2. Subsection (2) of section 409.821, Florida
  572  Statutes, is amended to read:
  573         409.821 Florida Kidcare program public records exemption.—
  574         (2)(a) Upon request, such information shall be disclosed
  575  to:
  576         1. Another governmental entity in the performance of its
  577  official duties and responsibilities;
  578         2. The Department of Revenue for purposes of administering
  579  the state Title IV-D program; or
  580         3. Any person who has the written consent of the program
  581  applicant; or.
  582         4. The Florida Health Choices, Inc., for purposes of
  583  administering the Florida Health Choices Program authorized in
  584  s. 408.910.
  585         (b) This section does not prohibit an enrollee’s legal
  586  guardian from obtaining confirmation of coverage, dates of
  587  coverage, the name of the enrollee’s health plan, and the amount
  588  of premium being paid.
  589         Section 3. This act shall take effect July 1, 2011.