Florida Senate - 2016                                    SB 1170
       
       
        
       By Senator Detert
       
       28-00487C-16                                          20161170__
    1                        A bill to be entitled                      
    2         An act relating to health plan regulatory
    3         administration; amending s. 408.909, F.S.; redefining
    4         the term “health care coverage” or “health flex plan
    5         coverage”; amending s. 409.817, F.S.; deleting a
    6         provision authorizing group insurance plans to impose
    7         a certain preexisting condition exclusion; amending s.
    8         624.123, F.S.; conforming a cross-reference; amending
    9         s. 627.402, F.S.; redefining the term
   10         “nongrandfathered health plan”; amending s. 627.411,
   11         F.S.; deleting a provision relating to a minimum loss
   12         ratio standard for specified health insurance
   13         coverage; deleting provisions specifying certain
   14         incurred claims; repealing s. 627.6011, F.S., relating
   15         to mandated coverages; amending s. 627.602, F.S.;
   16         revising applicability; repealing s. 627.642, F.S.,
   17         relating to outline of coverage; amending s. 627.6425,
   18         F.S.; redefining the term “individual health
   19         insurance”; revising applicability; repealing s.
   20         627.646, F.S., relating to conversion on termination
   21         of eligibility; amending s. 627.6486, F.S.; conforming
   22         a cross-reference; amending s. 627.6487, F.S.;
   23         redefining terms; repealing s. 627.64871, F.S.,
   24         relating to certification of coverage; amending s.
   25         627.6488, F.S.; conforming cross-references; amending
   26         s. 627.6498, F.S.; deleting a requirement that the
   27         Office of Insurance Regulation establish certain
   28         standard risk rates for coverages issued by the
   29         Florida Comprehensive Health Association; amending s.
   30         627.6512, F.S.; revising a provision specifying that
   31         certain sections of the Florida Insurance Code do not
   32         apply to a group health insurance policy as that
   33         policy relates to specified benefits, under certain
   34         circumstances; amending s. 627.6513, F.S.; excluding
   35         applicability as to certain types of benefits or
   36         coverages; amending s. 627.6515, F.S.; conforming a
   37         cross-reference; deleting a provision relating to a
   38         member’s entitlement to certain rights and options
   39         after providing a specified notice of termination to
   40         an insurer; repealing s. 627.6561, F.S., relating to
   41         preexisting conditions; amending s. 627.6562, F.S.;
   42         redefining the term “creditable coverage”; providing
   43         exceptions and applicability; amending s. 627.65626,
   44         F.S.; conforming a cross-reference; repealing s.
   45         627.6675, F.S., relating to conversion on termination
   46         of eligibility; amending s. 627.6699, F.S.; redefining
   47         terms; deleting a provision that requires a certain
   48         health benefit plan to comply with specified
   49         preexisting condition provisions; conforming
   50         provisions to changes made by the act; amending s.
   51         627.6741, F.S.; conforming cross-references;
   52         conforming a provision to changes made by the act;
   53         amending s. 641.185, F.S.; revising certain standards
   54         to remove requirements for a health maintenance
   55         organization to provide specified coverage for
   56         preexisting conditions, provide specified conversion
   57         on termination of eligibility, and provide for
   58         specified conversion contracts and conditions;
   59         conforming provisions to changes made by the act;
   60         amending s. 641.31, F.S.; deleting a provision
   61         specifying that a law restricting or limiting
   62         deductibles, coinsurance, copayments, or annual or
   63         lifetime maximum payments may not apply to a certain
   64         health maintenance organization contract; conforming a
   65         cross-reference; repealing s. 641.31071, F.S.,
   66         relating to preexisting conditions; amending s.
   67         641.3111, F.S.; deleting a provision specifying that a
   68         subscriber is not entitled to an extension of benefits
   69         under certain circumstances after termination of a
   70         group health maintenance contract; amending s.
   71         641.312, F.S.; conforming a cross-reference; repealing
   72         s. 641.3921, F.S., relating to conversion on
   73         termination of eligibility; repealing s. 641.3922,
   74         F.S., relating to conversion contracts and conditions;
   75         providing an effective date.
   76          
   77  Be It Enacted by the Legislature of the State of Florida:
   78  
   79         Section 1.  Paragraph (d) of subsection (2) of section
   80  408.909, Florida Statutes, is amended to read:
   81         408.909 Health flex plans.—
   82         (2) DEFINITIONS.—As used in this section, the term:
   83         (d) “Health care coverage” or “health flex plan coverage”
   84  means health care services that are covered as benefits under an
   85  approved health flex plan or that are otherwise provided, either
   86  directly or through arrangements with other persons, via a
   87  health flex plan on a prepaid per capita basis or on a prepaid
   88  aggregate fixed-sum basis. The terms may also include one or
   89  more of the excepted benefits under s. 627.6513(1)-(13) s.
   90  627.6561(5)(b), the benefits under s. 627.6561(5)(c), if offered
   91  separately, or the benefits under s. 627.6561(5)(d), if offered
   92  as independent, noncoordinated benefits.
   93         Section 2. Section 409.817, Florida Statutes, is amended to
   94  read:
   95         409.817 Approval of health benefits coverage; financial
   96  assistance.—In order for health insurance coverage to qualify
   97  for premium assistance payments for an eligible child under ss.
   98  409.810-409.821, the health benefits coverage must:
   99         (1) Be certified by the Office of Insurance Regulation of
  100  the Financial Services Commission under s. 409.818 as meeting,
  101  exceeding, or being actuarially equivalent to the benchmark
  102  benefit plan;
  103         (2) Be guarantee issued;
  104         (3) Be community rated;
  105         (4) Not impose any preexisting condition exclusion for
  106  covered benefits; however, group health insurance plans may
  107  permit the imposition of a preexisting condition exclusion, but
  108  only insofar as it is permitted under s. 627.6561;
  109         (5) Comply with the applicable limitations on premiums and
  110  cost sharing in s. 409.816;
  111         (6) Comply with the quality assurance and access standards
  112  developed under s. 409.820; and
  113         (7) Establish periodic open enrollment periods, which may
  114  not occur more frequently than quarterly.
  115         Section 3. Paragraph (b) of subsection (1) of section
  116  624.123, Florida Statutes, is amended to read:
  117         624.123 Certain international health insurance policies;
  118  exemption from code.—
  119         (1) International health insurance policies and
  120  applications may be solicited and sold in this state at any
  121  international airport to a resident of a foreign country. Such
  122  international health insurance policies shall be solicited and
  123  sold only by a licensed health insurance agent and underwritten
  124  only by an admitted insurer. For purposes of this subsection:
  125         (b) “International health insurance policy” means health
  126  insurance, as provided defined in s. 627.6562(3)(a)2. s.
  127  627.6561(5)(a)2., which is offered to an individual, covering
  128  only a resident of a foreign country on an annual basis.
  129         Section 4. Subsection (2) of section 627.402, Florida
  130  Statutes, is amended to read:
  131         627.402 Definitions.—As used in this part, the term:
  132         (2) “Nongrandfathered health plan” is a health insurance
  133  policy or health maintenance organization contract that is not a
  134  grandfathered health plan and does not provide the benefits or
  135  coverages specified under s. 627.6513(1)-(14) s. 627.6561(5)(b)
  136  (e).
  137         Section 5. Subsection (3) of section 627.411, Florida
  138  Statutes, is amended to read:
  139         627.411 Grounds for disapproval.—
  140         (3)(a) For health insurance coverage as described in s.
  141  627.6561(5)(a)2., the minimum loss ratio standard of incurred
  142  claims to earned premium for the form shall be 65 percent.
  143         (b) Incurred claims are claims occurring within a fixed
  144  period, whether or not paid during the same period, under the
  145  terms of the policy period.
  146         1. Claims include scheduled benefit payments or services
  147  provided by a provider or through a provider network for dental,
  148  vision, disability, and similar health benefits.
  149         2. Claims do not include state assessments, taxes, company
  150  expenses, or any expense incurred by the company for the cost of
  151  adjusting and settling a claim, including the review,
  152  qualification, oversight, management, or monitoring of a claim
  153  or incentives or compensation to providers for other than the
  154  provisions of health care services.
  155         3. A company may at its discretion include costs that are
  156  demonstrated to reduce claims, such as fraud intervention
  157  programs or case management costs, which are identified in each
  158  filing, are demonstrated to reduce claims costs, and do not
  159  result in increasing the experience period loss ratio by more
  160  than 5 percent.
  161         4. For scheduled claim payments, such as disability income
  162  or long-term care, the incurred claims shall be the present
  163  value of the benefit payments discounted for continuance and
  164  interest.
  165         Section 6. Section 627.6011, Florida Statutes, is repealed.
  166         Section 7. Paragraph (h) of subsection (1) of section
  167  627.602, Florida Statutes, is amended to read:
  168         627.602 Scope, format of policy.—
  169         (1) Each health insurance policy delivered or issued for
  170  delivery to any person in this state must comply with all
  171  applicable provisions of this code and all of the following
  172  requirements:
  173         (h) Section 641.312 and the provisions of the Employee
  174  Retirement Income Security Act of 1974, as implemented by 29
  175  C.F.R. s. 2560.503-1, relating to internal grievances. This
  176  paragraph does not apply to a health insurance policy that is
  177  subject to the Subscriber Assistance Program under s. 408.7056
  178  or to the types of benefits or coverages provided under s.
  179  627.6513(1)-(14) s. 627.6561(5)(b)-(e) issued in any market.
  180         Section 8. Section 627.642, Florida Statutes, is repealed.
  181         Section 9. Subsections (1), (6), and (7) of section
  182  627.6425, Florida Statutes, are amended, and present subsection
  183  (8) of that section is renumbered as subsection (6), to read:
  184         627.6425 Renewability of individual coverage.—
  185         (1) Except as otherwise provided in this section, an
  186  insurer that provides individual health insurance coverage to an
  187  individual shall renew or continue in force such coverage at the
  188  option of the individual. For the purpose of this section, the
  189  term “individual health insurance” means health insurance
  190  coverage, as described in s. 624.603 s. 627.6561(5)(a)2.,
  191  offered to an individual in this state, including certificates
  192  of coverage offered to individuals in this state as part of a
  193  group policy issued to an association outside this state, but
  194  the term does not include short-term limited duration insurance
  195  or excepted benefits specified in s. 627.6513(1)-(14) subsection
  196  (6) or subsection (7).
  197         (6) The requirements of this section do not apply to any
  198  health insurance coverage in relation to its provision of
  199  excepted benefits described in s. 627.6561(5)(b).
  200         (7) The requirements of this section do not apply to any
  201  health insurance coverage in relation to its provision of
  202  excepted benefits described in s. 627.6561(5)(c), (d), or (e),
  203  if the benefits are provided under a separate policy,
  204  certificate, or contract of insurance.
  205         Section 10. Section 627.646, Florida Statutes, is repealed.
  206         Section 11. Paragraph (h) of subsection (2) of section
  207  627.6486, Florida Statutes, is amended to read:
  208         627.6486 Eligibility.—
  209         (2)
  210         (h) All eligible persons who are classified as high-risk
  211  individuals pursuant to s. 627.6498(4)(a)3. s. 627.6498(4)(a)4.
  212  shall, upon application or renewal, agree to be placed in a case
  213  management system when it is determined by the board and the
  214  plan case manager that such system will be cost-effective and
  215  provide quality care to the individual.
  216         Section 12. Paragraph (b) of subsection (2) and subsection
  217  (3) of section 627.6487, Florida Statutes, are amended to read:
  218         627.6487 Guaranteed availability of individual health
  219  insurance coverage to eligible individuals.—
  220         (2) For the purposes of this section:
  221         (b) “Individual health insurance” means health insurance,
  222  as defined in s. 624.603 s. 627.6561(5)(a)2., which is offered
  223  to an individual, including certificates of coverage offered to
  224  individuals in this state as part of a group policy issued to an
  225  association outside this state, but the term does not include
  226  short-term limited duration insurance or excepted benefits
  227  specified in s. 627.6513(1)-(14) s. 627.6561(5)(b) or, if the
  228  benefits are provided under a separate policy, certificate, or
  229  contract, the term does not include excepted benefits specified
  230  in s. 627.6561(5)(c), (d), or (e).
  231         (3) For the purposes of this section, the term “eligible
  232  individual” means an individual:
  233         (a)1. For whom, as of the date on which the individual
  234  seeks coverage under this section, the aggregate of the periods
  235  of creditable coverage, as defined in s. 627.6562(3) s.
  236  627.6561(5) and (6), is 18 or more months; and
  237         2.a. Whose most recent prior creditable coverage was under
  238  a group health plan, governmental plan, or church plan, or
  239  health insurance coverage offered in connection with any such
  240  plan; or
  241         b. Whose most recent prior creditable coverage was under an
  242  individual plan issued in this state by a health insurer or
  243  health maintenance organization, which coverage is terminated
  244  due to the insurer or health maintenance organization becoming
  245  insolvent or discontinuing the offering of all individual
  246  coverage in the State of Florida, or due to the insured no
  247  longer living in the service area in the State of Florida of the
  248  insurer or health maintenance organization that provides
  249  coverage through a network plan in the State of Florida;
  250         (b) Who is not eligible for coverage under:
  251         1. A group health plan, as defined in s. 2791 of the Public
  252  Health Service Act;
  253         2. A conversion policy or contract issued by an authorized
  254  insurer or health maintenance organization under s. 627.6675 or
  255  s. 641.3921, respectively, offered to an individual who is no
  256  longer eligible for coverage under either an insured or self
  257  insured employer plan;
  258         2.3. Part A or part B of Title XVIII of the Social Security
  259  Act; or
  260         3.4. A state plan under Title XIX of such act, or any
  261  successor program, and does not have other health insurance
  262  coverage;
  263         (c) With respect to whom the most recent coverage within
  264  the coverage period described in paragraph (a) was not
  265  terminated based on a factor described in s. 627.6571(2)(a) or
  266  (b), relating to nonpayment of premiums or fraud, unless such
  267  nonpayment of premiums or fraud was due to acts of an employer
  268  or person other than the individual;
  269         (d) Who, having been offered the option of continuation
  270  coverage under a COBRA continuation provision or under s.
  271  627.6692, elected such coverage; and
  272         (e) Who, if the individual elected such continuation
  273  provision, has exhausted such continuation coverage under such
  274  provision or program.
  275         Section 13. Section 627.64871, Florida Statutes, is
  276  repealed.
  277         Section 14. Paragraph (h) of subsection (4) of section
  278  627.6488, Florida Statutes, is amended to read:
  279         627.6488 Florida Comprehensive Health Association.—
  280         (4) The association shall:
  281         (h) Contract with preferred provider organizations and
  282  health maintenance organizations giving due consideration to the
  283  preferred provider organizations and health maintenance
  284  organizations which have contracted with the state group health
  285  insurance program pursuant to s. 110.123. If cost-effective and
  286  available in the county where the policyholder resides, the
  287  board, upon application or renewal of a policy, shall place a
  288  high-risk individual, as established under s. 627.6498(4)(a)3.
  289  s. 627.6498(4)(a)4., with the plan case manager who shall
  290  determine the most cost-effective quality care system or health
  291  care provider and shall place the individual in such system or
  292  with such health care provider. If cost-effective and available
  293  in the county where the policyholder resides, the board, with
  294  the consent of the policyholder, may place a low-risk or medium
  295  risk individual, as established under s. 627.6498(4)(a)3. s.
  296  627.6498(4)(a)4., with the plan case manager who may determine
  297  the most cost-effective quality care system or health care
  298  provider and shall place the individual in such system or with
  299  such health care provider. Prior to and during the
  300  implementation of case management, the plan case manager shall
  301  obtain input from the policyholder, parent, or guardian.
  302         Section 15. Paragraph (a) of subsection (4) of section
  303  627.6498, Florida Statutes, is amended to read:
  304         627.6498 Minimum benefits coverage; exclusions; premiums;
  305  deductibles.—
  306         (4) PREMIUMS, DEDUCTIBLES, AND COINSURANCE.—
  307         (a) The plan shall provide for annual deductibles for major
  308  medical expense coverage in the amount of $1,000 or any higher
  309  amounts proposed by the board and approved by the office, plus
  310  the benefits payable under any other type of insurance coverage
  311  or workers’ compensation. The schedule of premiums and
  312  deductibles shall be established by the association. With regard
  313  to any preferred provider arrangement utilized by the
  314  association, the deductibles provided in this paragraph shall be
  315  the minimum deductibles applicable to the preferred providers
  316  and higher deductibles, as approved by the office, may be
  317  applied to providers who are not preferred providers.
  318         1. Separate schedules of premium rates based on age may
  319  apply for individual risks.
  320         2. Rates are subject to approval by the office.
  321         3. Standard risk rates for coverages issued by the
  322  association shall be established by the office, pursuant to s.
  323  627.6675(3).
  324         3.4. The board shall establish separate premium schedules
  325  for low-risk individuals, medium-risk individuals, and high-risk
  326  individuals and shall revise premium schedules annually
  327  beginning January 1999. No rate shall exceed 200 percent of the
  328  standard risk rate for low-risk individuals, 225 percent of the
  329  standard risk rate for medium-risk individuals, or 250 percent
  330  of the standard risk rate for high-risk individuals. For the
  331  purpose of determining what constitutes a low-risk individual,
  332  medium-risk individual, or high-risk individual, the board shall
  333  consider the anticipated claims payment for individuals based
  334  upon an individual’s health condition.
  335         Section 16. Section 627.6512, Florida Statutes, is amended
  336  to read:
  337         627.6512 Exemption of certain group health insurance
  338  policies.—Sections 627.6561, 627.65615, 627.65625, and 627.6571
  339  do not apply to:
  340         (1) any group insurance policy in relation to its provision
  341  of excepted benefits described in s. 627.6513(1)-(14) s.
  342  627.6561(5)(b).
  343         (2) Any group health insurance policy in relation to its
  344  provision of excepted benefits described in s. 627.6561(5)(c),
  345  if the benefits:
  346         (a) Are provided under a separate policy, certificate, or
  347  contract of insurance; or
  348         (b) Are otherwise not an integral part of the policy.
  349         (3) Any group health insurance policy in relation to its
  350  provision of excepted benefits described in s. 627.6561(5)(d),
  351  if all of the following conditions are met:
  352         (a) The benefits are provided under a separate policy,
  353  certificate, or contract of insurance;
  354         (b) There is no coordination between the provision of such
  355  benefits and any exclusion of benefits under any group policy
  356  maintained by the same policyholder; and
  357         (c) Such benefits are paid with respect to an event without
  358  regard to whether benefits are provided with respect to such an
  359  event under any group health policy maintained by the same
  360  policyholder.
  361         (4) Any group health policy in relation to its provision of
  362  excepted benefits described in s. 627.6561(5)(e), if the
  363  benefits are provided under a separate policy, certificate, or
  364  contract of insurance.
  365         Section 17. Section 627.6513, Florida Statutes, is amended
  366  to read:
  367         627.6513 Scope.—Section 641.312 and the provisions of the
  368  Employee Retirement Income Security Act of 1974, as implemented
  369  by 29 C.F.R. s. 2560.503-1, relating to internal grievances,
  370  apply to all group health insurance policies issued under this
  371  part. This section does not apply to a group health insurance
  372  policy that is subject to the Subscriber Assistance Program in
  373  s. 408.7056 or to: the types of benefits or coverages provided
  374  under s. 627.6561(5)(b)-(e) issued in any market.
  375         (1) Coverage only for accident insurance or disability
  376  income insurance, or any combination thereof.
  377         (2) Coverage issued as a supplement to liability insurance.
  378         (3) Liability insurance, including general liability
  379  insurance and automobile liability insurance.
  380         (4) Workers’ compensation or similar insurance.
  381         (5) Automobile medical payment insurance.
  382         (6) Credit-only insurance.
  383         (7) Coverage for onsite medical clinics, including prepaid
  384  health clinics under part II of chapter 641.
  385         (8)Other similar insurance coverage, specified in rules
  386  adopted by the commission, under which benefits for medical care
  387  are secondary or incidental to other insurance benefits. To the
  388  extent possible, such rules must be consistent with regulations
  389  adopted by the United States Department of Health and Human
  390  Services.
  391         (9) Limited scope dental or vision benefits, if offered
  392  separately.
  393         (10) Benefits for long-term care, nursing home care, home
  394  health care, or community-based care, or any combination
  395  thereof, if offered separately.
  396         (11) Other similar limited benefits, if offered separately,
  397  as specified in rules adopted by the commission.
  398         (12) Coverage only for a specified disease or illness, if
  399  offered as independent, noncoordinated benefits.
  400         (13) Hospital indemnity or other fixed indemnity insurance,
  401  if offered as independent, noncoordinated benefits.
  402         (14) Benefits provided through a Medicare supplemental
  403  health insurance policy, as defined under s. 1882(g)(1) of the
  404  Social Security Act, coverage supplemental to the coverage
  405  provided under 10 U.S.C. chapter 55, and similar supplemental
  406  coverage provided to coverage under a group health plan, which
  407  are offered as a separate insurance policy and as independent,
  408  noncoordinated benefits.
  409         Section 18. Subsections (2) and (9) of section 627.6515,
  410  Florida Statutes, are amended to read:
  411         627.6515 Out-of-state groups.—
  412         (2) Except as otherwise provided in this part, this part
  413  does not apply to a group health insurance policy issued or
  414  delivered outside this state under which a resident of this
  415  state is provided coverage if:
  416         (a) The policy is issued to an employee group the
  417  composition of which is substantially as described in s.
  418  627.653; a labor union group or association group the
  419  composition of which is substantially as described in s.
  420  627.654; an additional group the composition of which is
  421  substantially as described in s. 627.656; a group insured under
  422  a blanket health policy when the composition of the group is
  423  substantially in compliance with s. 627.659; a group insured
  424  under a franchise health policy when the composition of the
  425  group is substantially in compliance with s. 627.663; an
  426  association group to cover persons associated in any other
  427  common group, which common group is formed primarily for
  428  purposes other than providing insurance; a group that is
  429  established primarily for the purpose of providing group
  430  insurance, provided the benefits are reasonable in relation to
  431  the premiums charged thereunder and the issuance of the group
  432  policy has resulted, or will result, in economies of
  433  administration; or a group of insurance agents of an insurer,
  434  which insurer is the policyholder;
  435         (b) Certificates evidencing coverage under the policy are
  436  issued to residents of this state and contain in contrasting
  437  color and not less than 10-point type the following statement:
  438  “The benefits of the policy providing your coverage are governed
  439  primarily by the law of a state other than Florida”; and
  440         (c) The policy provides the benefits specified in ss.
  441  627.419, 627.6574, 627.6575, 627.6579, 627.6612, 627.66121,
  442  627.66122, 627.6613, 627.667, 627.6675, 627.6691, and 627.66911,
  443  and complies with the requirements of s. 627.66996.
  444         (d) Applications for certificates of coverage offered to
  445  residents of this state must contain, in contrasting color and
  446  not less than 12-point type, the following statement on the same
  447  page as the applicant’s signature:
  448  
  449         “This policy is primarily governed by the laws of
  450         ...insert state where the master policy is filed....
  451         As a result, all of the rating laws applicable to
  452         policies filed in this state do not apply to this
  453         coverage, which may result in increases in your
  454         premium at renewal that would not be permissible under
  455         a Florida-approved policy. Any purchase of individual
  456         health insurance should be considered carefully, as
  457         future medical conditions may make it impossible to
  458         qualify for another individual health policy. For
  459         information concerning individual health coverage
  460         under a Florida-approved policy, consult your agent or
  461         the Florida Department of Financial Services.”
  462  
  463  This paragraph applies only to group certificates providing
  464  health insurance coverage which require individualized
  465  underwriting to determine coverage eligibility for an individual
  466  or premium rates to be charged to an individual except for the
  467  following:
  468         1. Policies issued to provide coverage to groups of persons
  469  all of whom are in the same or functionally related licensed
  470  professions, and providing coverage only to such licensed
  471  professionals, their employees, or their dependents;
  472         2. Policies providing coverage to small employers as
  473  defined by s. 627.6699. Such policies shall be subject to, and
  474  governed by, the provisions of s. 627.6699;
  475         3. Policies issued to a bona fide association, as defined
  476  by s. 627.6571(5), provided that there is a person or board
  477  acting as a fiduciary for the benefit of the members, and such
  478  association is not owned, controlled by, or otherwise associated
  479  with the insurance company; or
  480         4. Any accidental death, accidental death and
  481  dismemberment, accident-only, vision-only, dental-only, hospital
  482  indemnity-only, hospital accident-only, cancer, specified
  483  disease, Medicare supplement, products that supplement Medicare,
  484  long-term care, or disability income insurance, or similar
  485  supplemental plans provided under a separate policy,
  486  certificate, or contract of insurance, which cannot duplicate
  487  coverage under an underlying health plan, coinsurance, or
  488  deductibles or coverage issued as a supplement to workers’
  489  compensation or similar insurance, or automobile medical-payment
  490  insurance.
  491         (9) Any insured shall be able to terminate membership or
  492  affiliation with the group to whom the master policy is issued.
  493  An insured that elects to terminate his or her membership or
  494  affiliation with the group shall provide written notice to the
  495  insurer. Upon providing the written notice, the member shall be
  496  entitled to the rights and options provided by s. 627.6675.
  497         Section 19. Section 627.6561, Florida Statutes, is
  498  repealed.
  499         Section 20. Subsection (3) of section 627.6562, Florida
  500  Statutes, is amended to read:
  501         627.6562 Dependent coverage.—
  502         (3) If, pursuant to subsection (2), a child is provided
  503  coverage under the parent’s policy after the end of the calendar
  504  year in which the child reaches age 25 and coverage for the
  505  child is subsequently terminated, the child is not eligible to
  506  be covered under the parent’s policy unless the child was
  507  continuously covered by other creditable coverage without a gap
  508  in coverage of more than 63 days.
  509         (a) For the purposes of this subsection, the term
  510  “creditable coverage” means, with respect to an individual,
  511  coverage of the individual under any of the following: has the
  512  same meaning as provided in s. 627.6561(5).
  513         1. A group health plan, as defined in s. 2791 of the Public
  514  Health Service Act.
  515         2. Health insurance coverage consisting of medical care
  516  provided directly through insurance or reimbursement or
  517  otherwise, and including terms and services paid for as medical
  518  care, under any hospital or medical service policy or
  519  certificate, hospital or medical service plan contract, or
  520  health maintenance contract offered by a health insurance
  521  issuer.
  522         3. Part A or part B of Title XVIII of the Social Security
  523  Act.
  524         4. Title XIX of the Social Security Act, other than
  525  coverage consisting solely of benefits under s. 1928.
  526         5. 10 U.S.C. chapter 55.
  527         6. A medical care program of the Indian Health Service or
  528  of a tribal organization.
  529         7. The Florida Comprehensive Health Association or another
  530  state health benefit risk pool.
  531         8. A health plan offered under 5 U.S.C. chapter 89.
  532         9. A public health plan as defined by rules adopted by the
  533  commission. To the greatest extent possible, such rules must be
  534  consistent with regulations adopted by the United States
  535  Department of Health and Human Services.
  536         10. A health benefit plan under s. 5(e) of the Peace Corps
  537  Act, 22 U.S.C. s. 2504(e).
  538         (b) Creditable coverage does not include coverage that
  539  consists of one or more, or any combination thereof, of the
  540  following excepted benefits:
  541         1. Coverage only for accident insurance or disability
  542  income insurance, or any combination thereof.
  543         2. Coverage issued as a supplement to liability insurance.
  544         3. Liability insurance, including general liability
  545  insurance and automobile liability insurance.
  546         4. Workers’ compensation or similar insurance.
  547         5. Automobile medical payment insurance.
  548         6. Credit-only insurance.
  549         7. Coverage for onsite medical clinics, including prepaid
  550  health clinics under part II of chapter 641.
  551         8. Other similar insurance coverage specified in rules
  552  adopted by the commission under which benefits for medical care
  553  are secondary or incidental to other insurance benefits. To the
  554  extent possible, such rules must be consistent with regulations
  555  adopted by the United States Department of Health and Human
  556  Services.
  557         (c) The following benefits are not subject to the
  558  creditable coverage requirements, if offered separately:
  559         1. Limited scope dental or vision benefits.
  560         2. Benefits for long-term care, nursing home care, home
  561  health care, or community-based care, or any combination
  562  thereof.
  563         3. Other similar, limited benefits specified in rules
  564  adopted by the commission.
  565         (d) The following benefits are not subject to creditable
  566  coverage requirements if offered as independent, noncoordinated
  567  benefits:
  568         1. Coverage only for a specified disease or illness.
  569         2. Hospital indemnity or other fixed indemnity insurance.
  570         (e) Benefits provided through a Medicare supplemental
  571  health insurance policy, as defined under s. 1882(g)(1) of the
  572  Social Security Act, coverage supplemental to the coverage
  573  provided under 10 U.S.C. chapter 55, and similar supplemental
  574  coverage provided to coverage under a group health plan are not
  575  considered creditable coverage if offered as a separate
  576  insurance policy.
  577         Section 21. Subsection (1) of section 627.65626, Florida
  578  Statutes, is amended to read:
  579         627.65626 Insurance rebates for healthy lifestyles.—
  580         (1) Any rate, rating schedule, or rating manual for a
  581  health insurance policy that provides creditable coverage as
  582  defined in s. 627.6562(3) s. 627.6561(5) filed with the office
  583  shall provide for an appropriate rebate of premiums paid in the
  584  last policy year, contract year, or calendar year when the
  585  majority of members of a health plan have enrolled and
  586  maintained participation in any health wellness, maintenance, or
  587  improvement program offered by the group policyholder and health
  588  plan. The rebate may be based upon premiums paid in the last
  589  calendar year or policy year. The group must provide evidence of
  590  demonstrative maintenance or improvement of the enrollees’
  591  health status as determined by assessments of agreed-upon health
  592  status indicators between the policyholder and the health
  593  insurer, including, but not limited to, reduction in weight,
  594  body mass index, and smoking cessation. The group or health
  595  insurer may contract with a third-party administrator to
  596  assemble and report the health status required in this
  597  subsection between the policyholder and the health insurer. Any
  598  rebate provided by the health insurer is presumed to be
  599  appropriate unless credible data demonstrates otherwise, or
  600  unless the rebate program requires the insured to incur costs to
  601  qualify for the rebate which equal or exceed the value of the
  602  rebate, but the rebate may not exceed 10 percent of paid
  603  premiums.
  604         Section 22. Section 627.6675, Florida Statutes, is
  605  repealed.
  606         Section 23. Paragraphs (e), (l), and (n) of subsection (3),
  607  paragraphs (c) and (d) of subsection (5), and paragraph (b) of
  608  subsection (6) of section 627.6699, Florida Statutes, are
  609  amended to read:
  610         627.6699 Employee Health Care Access Act.—
  611         (3) DEFINITIONS.—As used in this section, the term:
  612         (e) “Creditable coverage” has the same meaning ascribed in
  613  s. 627.6562(3) s. 627.6561.
  614         (l) “Late enrollee” means an eligible employee or dependent
  615  who, with respect to coverage under a group health policy, is a
  616  participant or beneficiary who enrolls under the policy other
  617  than during:
  618         1. The first period in which the individual is eligible to
  619  enroll under the policy.
  620         2. A special enrollment period, as provided under s.
  621  627.65615 as defined under s. 627.6561(1)(b).
  622         (n) “Modified community rating” means a method used to
  623  develop carrier premiums which spreads financial risk across a
  624  large population; allows the use of separate rating factors for
  625  age, gender, family composition, tobacco usage, and geographic
  626  area as determined under paragraph (5)(e) (5)(f); and allows
  627  adjustments for: claims experience, health status, or duration
  628  of coverage as permitted under subparagraph (6)(b)5.; and
  629  administrative and acquisition expenses as permitted under
  630  subparagraph (6)(b)5.
  631         (5) AVAILABILITY OF COVERAGE.—
  632         (c) Except as provided in paragraph (d), a health benefit
  633  plan covering small employers must comply with preexisting
  634  condition provisions specified in s. 627.6561 or, for health
  635  maintenance contracts, in s. 641.31071.
  636         (c)(d) A health benefit plan covering small employers,
  637  issued or renewed on or after January 1, 1994, must comply with
  638  the following conditions:
  639         1. All health benefit plans must be offered and issued on a
  640  guaranteed-issue basis. Additional or increased benefits may
  641  only be offered by riders.
  642         2. Paragraph (c) applies to health benefit plans issued to
  643  a small employer who has two or more eligible employees and to
  644  health benefit plans that are issued to a small employer who has
  645  fewer than two eligible employees and that cover an employee who
  646  has had creditable coverage continually to a date not more than
  647  63 days before the effective date of the new coverage.
  648         2.3. For health benefit plans that are issued to a small
  649  employer who has fewer than two employees and that cover an
  650  employee who has not been continually covered by creditable
  651  coverage within 63 days before the effective date of the new
  652  coverage, preexisting condition provisions must not exclude
  653  coverage for a period beyond 24 months following the employee’s
  654  effective date of coverage and may relate only to:
  655         a. Conditions that, during the 24-month period immediately
  656  preceding the effective date of coverage, had manifested
  657  themselves in such a manner as would cause an ordinarily prudent
  658  person to seek medical advice, diagnosis, care, or treatment or
  659  for which medical advice, diagnosis, care, or treatment was
  660  recommended or received; or
  661         b. A pregnancy existing on the effective date of coverage.
  662         (6) RESTRICTIONS RELATING TO PREMIUM RATES.—
  663         (b) For all small employer health benefit plans that are
  664  subject to this section and issued by small employer carriers on
  665  or after January 1, 1994, premium rates for health benefit plans
  666  are subject to the following:
  667         1. Small employer carriers must use a modified community
  668  rating methodology in which the premium for each small employer
  669  is determined solely on the basis of the eligible employee’s and
  670  eligible dependent’s gender, age, family composition, tobacco
  671  use, or geographic area as determined under paragraph (5)(e)
  672  (5)(f) and in which the premium may be adjusted as permitted by
  673  this paragraph. A small employer carrier is not required to use
  674  gender as a rating factor for a nongrandfathered health plan.
  675         2. Rating factors related to age, gender, family
  676  composition, tobacco use, or geographic location may be
  677  developed by each carrier to reflect the carrier’s experience.
  678  The factors used by carriers are subject to office review and
  679  approval.
  680         3. Small employer carriers may not modify the rate for a
  681  small employer for 12 months from the initial issue date or
  682  renewal date, unless the composition of the group changes or
  683  benefits are changed. However, a small employer carrier may
  684  modify the rate one time within the 12 months after the initial
  685  issue date for a small employer who enrolls under a previously
  686  issued group policy that has a common anniversary date for all
  687  employers covered under the policy if:
  688         a. The carrier discloses to the employer in a clear and
  689  conspicuous manner the date of the first renewal and the fact
  690  that the premium may increase on or after that date.
  691         b. The insurer demonstrates to the office that efficiencies
  692  in administration are achieved and reflected in the rates
  693  charged to small employers covered under the policy.
  694         4. A carrier may issue a group health insurance policy to a
  695  small employer health alliance or other group association with
  696  rates that reflect a premium credit for expense savings
  697  attributable to administrative activities being performed by the
  698  alliance or group association if such expense savings are
  699  specifically documented in the insurer’s rate filing and are
  700  approved by the office. Any such credit may not be based on
  701  different morbidity assumptions or on any other factor related
  702  to the health status or claims experience of any person covered
  703  under the policy. This subparagraph does not exempt an alliance
  704  or group association from licensure for activities that require
  705  licensure under the insurance code. A carrier issuing a group
  706  health insurance policy to a small employer health alliance or
  707  other group association shall allow any properly licensed and
  708  appointed agent of that carrier to market and sell the small
  709  employer health alliance or other group association policy. Such
  710  agent shall be paid the usual and customary commission paid to
  711  any agent selling the policy.
  712         5. Any adjustments in rates for claims experience, health
  713  status, or duration of coverage may not be charged to individual
  714  employees or dependents. For a small employer’s policy, such
  715  adjustments may not result in a rate for the small employer
  716  which deviates more than 15 percent from the carrier’s approved
  717  rate. Any such adjustment must be applied uniformly to the rates
  718  charged for all employees and dependents of the small employer.
  719  A small employer carrier may make an adjustment to a small
  720  employer’s renewal premium, up to 10 percent annually, due to
  721  the claims experience, health status, or duration of coverage of
  722  the employees or dependents of the small employer. If the
  723  aggregate resulting from the application of such adjustment
  724  exceeds the premium that would have been charged by application
  725  of the approved modified community rate by 4 percent for the
  726  current policy term, the carrier shall limit the application of
  727  such adjustments only to minus adjustments. For any subsequent
  728  policy term, if the total aggregate adjusted premium actually
  729  charged does not exceed the premium that would have been charged
  730  by application of the approved modified community rate by 4
  731  percent, the carrier may apply both plus and minus adjustments.
  732  A small employer carrier may provide a credit to a small
  733  employer’s premium based on administrative and acquisition
  734  expense differences resulting from the size of the group. Group
  735  size administrative and acquisition expense factors may be
  736  developed by each carrier to reflect the carrier’s experience
  737  and are subject to office review and approval.
  738         6. A small employer carrier rating methodology may include
  739  separate rating categories for one dependent child, for two
  740  dependent children, and for three or more dependent children for
  741  family coverage of employees having a spouse and dependent
  742  children or employees having dependent children only. A small
  743  employer carrier may have fewer, but not greater, numbers of
  744  categories for dependent children than those specified in this
  745  subparagraph.
  746         7. Small employer carriers may not use a composite rating
  747  methodology to rate a small employer with fewer than 10
  748  employees. For the purposes of this subparagraph, the term
  749  “composite rating methodology” means a rating methodology that
  750  averages the impact of the rating factors for age and gender in
  751  the premiums charged to all of the employees of a small
  752  employer.
  753         8. A carrier may separate the experience of small employer
  754  groups with fewer than 2 eligible employees from the experience
  755  of small employer groups with 2-50 eligible employees for
  756  purposes of determining an alternative modified community
  757  rating.
  758         a. If a carrier separates the experience of small employer
  759  groups, the rate to be charged to small employer groups of fewer
  760  than 2 eligible employees may not exceed 150 percent of the rate
  761  determined for small employer groups of 2-50 eligible employees.
  762  However, the carrier may charge excess losses of the experience
  763  pool consisting of small employer groups with less than 2
  764  eligible employees to the experience pool consisting of small
  765  employer groups with 2-50 eligible employees so that all losses
  766  are allocated and the 150-percent rate limit on the experience
  767  pool consisting of small employer groups with less than 2
  768  eligible employees is maintained.
  769         b. Notwithstanding s. 627.411(1), the rate to be charged to
  770  a small employer group of fewer than 2 eligible employees,
  771  insured as of July 1, 2002, may be up to 125 percent of the rate
  772  determined for small employer groups of 2-50 eligible employees
  773  for the first annual renewal and 150 percent for subsequent
  774  annual renewals.
  775         9. A carrier shall separate the experience of grandfathered
  776  health plans from nongrandfathered health plans for determining
  777  rates.
  778         Section 24. Subsection (1) and paragraph (c) of subsection
  779  (2) of section 627.6741, Florida Statutes, are amended to read:
  780         627.6741 Issuance, cancellation, nonrenewal, and
  781  replacement.—
  782         (1)(a) An insurer issuing Medicare supplement policies in
  783  this state shall offer the opportunity of enrolling in a
  784  Medicare supplement policy, without conditioning the issuance or
  785  effectiveness of the policy on, and without discriminating in
  786  the price of the policy based on, the medical or health status
  787  or receipt of health care by the individual:
  788         1. To any individual who is 65 years of age or older, or
  789  under 65 years of age and eligible for Medicare by reason of
  790  disability or end-stage renal disease, and who resides in this
  791  state, upon the request of the individual during the 6-month
  792  period beginning with the first month in which the individual
  793  has attained 65 years of age and is enrolled in Medicare Part B,
  794  or is eligible for Medicare by reason of a disability or end
  795  stage renal disease, and is enrolled in Medicare Part B; or
  796         2. To any individual who is 65 years of age or older, or
  797  under 65 years of age and eligible for Medicare by reason of a
  798  disability or end-stage renal disease, who is enrolled in
  799  Medicare Part B, and who resides in this state, upon the request
  800  of the individual during the 2-month period following
  801  termination of coverage under a group health insurance policy.
  802         (b) The 6-month period to enroll in a Medicare supplement
  803  policy for an individual who is under 65 years of age and is
  804  eligible for Medicare by reason of disability or end-stage renal
  805  disease and otherwise eligible under subparagraph (a)1. or
  806  subparagraph (a)2. and first enrolled in Medicare Part B before
  807  October 1, 2009, begins on October 1, 2009.
  808         (c) A company that has offered Medicare supplement policies
  809  to individuals under 65 years of age who are eligible for
  810  Medicare by reason of disability or end-stage renal disease
  811  before October 1, 2009, may, for one time only, effect a rate
  812  schedule change that redefines the age bands of the premium
  813  classes without activating the period of discontinuance required
  814  by s. 627.410(6)(e)2.
  815         (d) As a part of an insurer’s rate filings, before and
  816  including the insurer’s first rate filing for a block of policy
  817  forms in 2015, notwithstanding the provisions of s.
  818  627.410(6)(e)3., an insurer shall consider the experience of the
  819  policies or certificates for the premium classes including
  820  individuals under 65 years of age and eligible for Medicare by
  821  reason of disability or end-stage renal disease separately from
  822  the balance of the block so as not to affect the other premium
  823  classes. For filings in such time period only, credibility of
  824  that experience shall be as follows: if a block of policy forms
  825  has 1,250 or more policies or certificates in force in the age
  826  band including ages under 65 years of age, full or 100-percent
  827  credibility shall be given to the experience; and if fewer than
  828  250 policies or certificates are in force, no or zero-percent
  829  credibility shall be given. Linear interpolation shall be used
  830  for in-force amounts between the low and high values. Florida
  831  only experience shall be used if it is 100-percent credible. If
  832  Florida-only experience is not 100-percent credible, a
  833  combination of Florida-only and nationwide experience shall be
  834  used. If Florida-only experience is zero-percent credible,
  835  nationwide experience shall be used. The insurer may file its
  836  initial rates and any rate adjustment based upon the experience
  837  of these policies or certificates or based upon expected claim
  838  experience using experience data of the same company, other
  839  companies in the same or other states, or using data publicly
  840  available from the Centers for Medicaid and Medicare Services if
  841  the insurer’s combined Florida and nationwide experience is not
  842  100-percent credible, separate from the balance of all other
  843  Medicare supplement policies.
  844  
  845  A Medicare supplement policy issued to an individual under
  846  subparagraph (a)1. or subparagraph (a)2. may not exclude
  847  benefits based on a preexisting condition if the individual has
  848  a continuous period of creditable coverage, as defined in s.
  849  627.6562(3) s. 627.6561(5), of at least 6 months as of the date
  850  of application for coverage.
  851         (2) For both individual and group Medicare supplement
  852  policies:
  853         (c) If a Medicare supplement policy or certificate replaces
  854  another Medicare supplement policy or certificate or creditable
  855  coverage as defined in s. 627.6562(3) s. 627.6561(5), the
  856  replacing insurer shall waive any time periods applicable to
  857  preexisting conditions, waiting periods, elimination periods,
  858  and probationary periods in the new Medicare supplement policy
  859  for similar benefits to the extent such time was spent under the
  860  original policy, subject to the requirements of s. 627.6561(6)
  861  (11).
  862         Section 25. Paragraphs (f) and (h) of subsection (1) of
  863  section 641.185, Florida Statutes, are amended to read:
  864         641.185 Health maintenance organization subscriber
  865  protections.—
  866         (1) With respect to the provisions of this part and part
  867  III, the principles expressed in the following statements shall
  868  serve as standards to be followed by the commission, the office,
  869  the department, and the Agency for Health Care Administration in
  870  exercising their powers and duties, in exercising administrative
  871  discretion, in administrative interpretations of the law, in
  872  enforcing its provisions, and in adopting rules:
  873         (f) A health maintenance organization subscriber should
  874  receive the flexibility to transfer to another Florida health
  875  maintenance organization, regardless of health status, pursuant
  876  to ss. 641.228, 641.3104, and 641.3107, 641.3111, 641.3921, and
  877  641.3922.
  878         (h) A health maintenance organization that issues a group
  879  health contract must: provide coverage for preexisting
  880  conditions pursuant to s. 641.31071; guarantee renewability of
  881  coverage pursuant to s. 641.31074,; provide notice of
  882  cancellation pursuant to s. 641.3108, and; provide extension of
  883  benefits pursuant to s. 641.3111; provide for conversion on
  884  termination of eligibility pursuant to s. 641.3921; and provide
  885  for conversion contracts and conditions pursuant to s. 641.3922.
  886         Section 26. Subsection (2) and paragraph (a) of subsection
  887  (40) of section 641.31, Florida Statutes, are amended to read:
  888         641.31 Health maintenance contracts.—
  889         (2) The rates charged by any health maintenance
  890  organization to its subscribers shall not be excessive,
  891  inadequate, or unfairly discriminatory or follow a rating
  892  methodology that is inconsistent, indeterminate, or ambiguous or
  893  encourages misrepresentation or misunderstanding. A law
  894  restricting or limiting deductibles, coinsurance, copayments, or
  895  annual or lifetime maximum payments shall not apply to any
  896  health maintenance organization contract that provides coverage
  897  as described in s. 641.31071(5)(a)2., offered or delivered to an
  898  individual or a group of 51 or more persons. The commission, in
  899  accordance with generally accepted actuarial practice as applied
  900  to health maintenance organizations, may define by rule what
  901  constitutes excessive, inadequate, or unfairly discriminatory
  902  rates and may require whatever information it deems necessary to
  903  determine that a rate or proposed rate meets the requirements of
  904  this subsection.
  905         (40)(a) Any group rate, rating schedule, or rating manual
  906  for a health maintenance organization policy, which provides
  907  creditable coverage as defined in s. 627.6562(3) s. 627.6561(5),
  908  filed with the office shall provide for an appropriate rebate of
  909  premiums paid in the last policy year, contract year, or
  910  calendar year when the majority of members of a health plan are
  911  enrolled in and have maintained participation in any health
  912  wellness, maintenance, or improvement program offered by the
  913  group contract holder. The group must provide evidence of
  914  demonstrative maintenance or improvement of his or her health
  915  status as determined by assessments of agreed-upon health status
  916  indicators between the group and the health insurer, including,
  917  but not limited to, reduction in weight, body mass index, and
  918  smoking cessation. Any rebate provided by the health maintenance
  919  organization is presumed to be appropriate unless credible data
  920  demonstrates otherwise, or unless the rebate program requires
  921  the insured to incur costs to qualify for the rebate which
  922  equals or exceeds the value of the rebate but the rebate may not
  923  exceed 10 percent of paid premiums.
  924         Section 27. Section 641.31071, Florida Statutes, is
  925  repealed.
  926         Section 28. Subsection (4) of section 641.3111, Florida
  927  Statutes, is amended to read:
  928         641.3111 Extension of benefits.—
  929         (4) Except as provided in subsection (1), no subscriber is
  930  entitled to an extension of benefits if the termination of the
  931  contract by the health maintenance organization is based upon
  932  any event referred to in s. 641.3922(7)(a), (b), or (e).
  933         Section 29. Section 641.312, Florida Statutes, is amended
  934  to read:
  935         641.312 Scope.—The Office of Insurance Regulation may adopt
  936  rules to administer the provisions of the National Association
  937  of Insurance Commissioners’ Uniform Health Carrier External
  938  Review Model Act, issued by the National Association of
  939  Insurance Commissioners and dated April 2010. This section does
  940  not apply to a health maintenance contract that is subject to
  941  the Subscriber Assistance Program under s. 408.7056 or to the
  942  types of benefits or coverages provided under s. 627.6513(1)
  943  (14) s. 627.6561(5)(b)-(e) issued in any market.
  944         Section 30. Section 641.3921, Florida Statutes, is
  945  repealed.
  946         Section 31. Section 641.3922, Florida Statutes, is
  947  repealed.
  948         Section 32. This act shall take effect July 1, 2016.