Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 422
       
       
       
       
       
       
                                Barcode 597066                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/21/2013           .                                
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       The Committee on Appropriations (Benacquisto) recommended the
       following:
       
    1         Senate Substitute for Amendment (122406) (with title
    2  amendment)
    3  
    4         Between lines 109 and 110
    5  insert:
    6         Section 4. Subsection (2) of section 627.6515, Florida
    7  Statutes, is amended to read:
    8         627.6515 Out-of-state groups.—
    9         (2) Except as otherwise provided in this part, this part
   10  does not apply to a group health insurance policy issued or
   11  delivered outside this state under which a resident of this
   12  state is provided coverage if:
   13         (a) The policy is issued to an employee group the
   14  composition of which is substantially as described in s.
   15  627.653; a labor union group or association group the
   16  composition of which is substantially as described in s.
   17  627.654; an additional group the composition of which is
   18  substantially as described in s. 627.656; a group insured under
   19  a blanket health policy when the composition of the group is
   20  substantially in compliance with s. 627.659; a group insured
   21  under a franchise health policy when the composition of the
   22  group is substantially in compliance with s. 627.663; an
   23  association group to cover persons associated in any other
   24  common group, which common group is formed primarily for
   25  purposes other than providing insurance; a group that is
   26  established primarily for the purpose of providing group
   27  insurance, provided the benefits are reasonable in relation to
   28  the premiums charged thereunder and the issuance of the group
   29  policy has resulted, or will result, in economies of
   30  administration; or a group of insurance agents of an insurer,
   31  which insurer is the policyholder;
   32         (b) Certificates evidencing coverage under the policy are
   33  issued to residents of this state and contain in contrasting
   34  color and not less than 10-point type the following statement:
   35  “The benefits of the policy providing your coverage are governed
   36  primarily by the law of a state other than Florida”; and
   37         (c) The policy provides the benefits specified in ss.
   38  627.419, 627.42391, 627.6574, 627.6575, 627.6579, 627.6612,
   39  627.66121, 627.66122, 627.6613, 627.667, 627.6675, 627.6691, and
   40  627.66911, and complies with the requirements of s. 627.66996.
   41         (d) Applications for certificates of coverage offered to
   42  residents of this state must contain, in contrasting color and
   43  not less than 12-point type, the following statement on the same
   44  page as the applicant’s signature:
   45  
   46         “This policy is primarily governed by the laws of
   47         ...insert state where the master policy if filed....
   48         As a result, all of the rating laws applicable to
   49         policies filed in this state do not apply to this
   50         coverage, which may result in increases in your
   51         premium at renewal that would not be permissible under
   52         a Florida-approved policy. Any purchase of individual
   53         health insurance should be considered carefully, as
   54         future medical conditions may make it impossible to
   55         qualify for another individual health policy. For
   56         information concerning individual health coverage
   57         under a Florida-approved policy, consult your agent or
   58         the Florida Department of Financial Services.”
   59  
   60  This paragraph applies only to group certificates providing
   61  health insurance coverage which require individualized
   62  underwriting to determine coverage eligibility for an individual
   63  or premium rates to be charged to an individual except for the
   64  following:
   65         1. Policies issued to provide coverage to groups of persons
   66  all of whom are in the same or functionally related licensed
   67  professions, and providing coverage only to such licensed
   68  professionals, their employees, or their dependents;
   69         2. Policies providing coverage to small employers as
   70  defined by s. 627.6699. Such policies shall be subject to, and
   71  governed by, the provisions of s. 627.6699;
   72         3. Policies issued to a bona fide association, as defined
   73  by s. 627.6571(5), provided that there is a person or board
   74  acting as a fiduciary for the benefit of the members, and such
   75  association is not owned, controlled by, or otherwise associated
   76  with the insurance company; or
   77         4. Any accidental death, accidental death and
   78  dismemberment, accident-only, vision-only, dental-only, hospital
   79  indemnity-only, hospital accident-only, cancer, specified
   80  disease, Medicare supplement, products that supplement Medicare,
   81  long-term care, or disability income insurance, or similar
   82  supplemental plans provided under a separate policy,
   83  certificate, or contract of insurance, which cannot duplicate
   84  coverage under an underlying health plan, coinsurance, or
   85  deductibles or coverage issued as a supplement to workers’
   86  compensation or similar insurance, or automobile medical-payment
   87  insurance.
   88  
   89  ================= T I T L E  A M E N D M E N T ================
   90         And the title is amended as follows:
   91         Delete line 14
   92  and insert:
   93         compliance with this act; amending s. 627.6515, F.S.;
   94         adding a cross-reference to conform to changes made by
   95         the act; providing a directive to the