HB 445

A bill to be entitled
2An act relating to wellness or health improvement
3programs; amending s. 626.9541, F.S.; authorizing insurers
4to offer rewards or incentives to health benefit plan
5members to encourage or reward participation in wellness
6or health improvement programs; authorizing insurers to
7require plan members not participating in programs to
8provide verification that their medical condition warrants
9nonparticipation; providing application; providing an
10effective date.
12Be It Enacted by the Legislature of the State of Florida:
14     Section 1.  Subsection (4) is added to section 626.9541,
15Florida Statutes, to read:
16     626.9541  Unfair methods of competition and unfair or
17deceptive acts or practices defined.-
19     (a)  Authorization to offer rewards or incentives for
20participation.-An insurer issuing a group or individual health
21benefit plan may offer a voluntary wellness or health
22improvement program and may encourage or reward participation in
23the program by authorizing rewards or incentives, including, but
24not limited to, merchandise, gift cards, debit cards, premium
25discounts or rebates, contributions to a member's health savings
26account, or modifications to copayment, deductible, or
27coinsurance amounts.
28     (b)  Verification of medical condition by nonparticipants.-
29An insurer may require a health benefit plan member to provide
30verification, such as an affirming statement from the member's
31physician, that the member's medical condition makes it
32unreasonably difficult or inadvisable to participate in the
33wellness or health improvement program.
35A reward or incentive offered under this subsection is not an
36insurance benefit or violation of this section if it is
37disclosed in the policy or certificate. This subsection does not
38prohibit insurers from offering other incentives or rewards for
39adherence to a wellness or health improvement program if
40otherwise authorized by state or federal law.
41     Section 2.  This act shall take effect July 1, 2011.

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