Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 312
       
       
       
       
       
       
                                Ì466498dÎ466498                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/24/2023           .                                
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       The Committee on Rules (Collins) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 150 - 199
    4  and insert:
    5  as including within the definition of unfair discrimination or
    6  unlawful rebates the offer or provision by a life or health
    7  insurer or a life or health agent of the life or health insurer,
    8  including by or through an employee, an affiliate, or a third
    9  party representative, of a value-added product or service at no
   10  or reduced cost when such product or service is not specified in
   11  the life or health insurance policy, if the product or service
   12  relates to the insurance coverage and is primarily designed to
   13  do one or more of the following:
   14         (I) Provide loss mitigation or loss control;
   15         (II) Reduce claim costs or claim settlement costs;
   16         (III) Provide education about liability risks or risk of
   17  loss to persons or property;
   18         (IV) Monitor or assess risk, identify sources of risk, or
   19  develop strategies for eliminating or reducing risk;
   20         (V) Enhance health;
   21         (VI) Enhance financial wellness through items such as
   22  education or financial planning services;
   23         (VII) Provide post-loss services;
   24         (VIII) Incentivize behavioral changes to improve the health
   25  or reduce the risk of death or disability of a policyholder,
   26  potential policyholder, certificateholder, potential
   27  certificateholder, insured, potential insured, or applicant; or
   28         (IX) Assist in the administration of employee or retiree
   29  benefit insurance coverage.
   30         b. The cost to the life or health insurer or life or health
   31  agent offering the product or service to a customer must be
   32  reasonable in comparison to the customer’s premiums or life or
   33  health insurance coverage for the policy class.
   34         c. If the life or health insurer or life or health agent is
   35  providing the product or service, the life or health insurer or
   36  life or health agent must ensure that the customer is provided
   37  with contact information to assist the customer with questions
   38  regarding the product or service.
   39         d. The availability of the product or service must be based
   40  on documented objective evidence, and the product or service
   41  must be offered in a manner that is not unfairly discriminatory.
   42  The documented evidence must be maintained by the life or health
   43  insurer or life or health agent and produced upon request by the
   44  office or the department.
   45         e. If a life or health insurer or life or health agent has
   46  a good faith belief, but does not have sufficient evidence to
   47  demonstrate, that the product or service meets any of the
   48  criteria in sub-sub-subparagraphs a.(I)-(IX), the life or health
   49  insurer or life or health agent may provide the product or
   50  service in a manner that is not unfairly discriminatory as part
   51  of a pilot or testing program for up to 1 year. The life or
   52  health insurer or life or health agent must notify the office or
   53  department, as applicable, of such pilot or testing program
   54  offered to consumers in this state before commencing the
   55  program. The life or health insurer or life or health agent may
   56  commence the program unless the office or department, as
   57  applicable, objects to the program within 21 days after
   58  receiving the notice.
   59         f. A life or health insurer, life or health agent, or
   60  representative thereof may not offer or provide life or health
   61  insurance as an inducement to the purchase of
   62  
   63  ================= T I T L E  A M E N D M E N T ================
   64  And the title is amended as follows:
   65         Delete lines 8 - 11
   66  and insert:
   67         by life or health insurers or life or health agents if
   68         certain conditions are met; providing requirements for
   69         and restrictions on such insurers or agents offering
   70         or providing such products or services; authorizing
   71         such insurers or agents to provide