Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 940 Ì464912&Î464912 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/31/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Calatayud) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 33 - 95 4 and insert: 5 4. A bona fide group is a group or an association of 6 employers which meets all of the following requirements: 7 a. The primary purpose of the group or association may be 8 to offer and provide health coverage to its employer members and 9 their employees. However, the group or association must also 10 have at least one substantial business purpose unrelated to such 11 primary purpose. For purposes of this sub-subparagraph, a 12 substantial business purpose is deemed to exist if the group or 13 association would be a viable entity in the absence of 14 sponsoring an employee benefit plan. A substantial business 15 purpose includes promoting common business interests of its 16 members or the common economic interests in a given trade or 17 employer community and is not required to be a for-profit 18 activity. 19 b. Each employer member of the group or association which 20 participates in the group health plan is a person acting 21 directly as an employer of at least one employee who is a 22 participant covered under the plan. 23 c. The group or association has a formal organizational 24 structure with a governing body and has bylaws or other similar 25 indications of formality. 26 d. The functions and activities of the group or association 27 are controlled by its employer members, and the group’s or 28 association’s employer members that participate in the group 29 health plan control the plan. Control must be present both in 30 form and in substance. 31 e. The employer members have a principal place of business 32 in the same region that does not exceed the boundaries of a 33 single state or metropolitan area, even if the metropolitan area 34 includes more than one state. 35 f. The group or association does not make health coverage 36 through the group’s or association’s group health plan available 37 to any person other than: 38 (I) An employee of a current employer member of the group 39 or association; 40 (II) A former employee of a current employer member of the 41 group or association who became eligible for coverage under the 42 group health plan when the former employee was an employee of 43 the employer; or 44 (III) A beneficiary, such as a spouse or dependent child, 45 of an individual described in sub-sub-subparagraph (I) or sub 46 sub-subparagraph (II). 47 g. The group or association and the health coverage offered 48 by the group or association comply with the nondiscrimination 49 provisions of s. 627.6699. 50 h. The group or association is not a health insurance 51 issuer as defined in s. 733(b)(2) of the Employee Retirement 52 Income Security Act of 1974, 29 U.S.C. s. 1191b(b)(2), or owned 53 or controlled by such a health insurance issuer or by a 54 subsidiary or affiliate of such a health insurance issuer, other 55 than to the extent such entities participate in the group or 56 association in their capacity as employer members of the group 57 or association. 58 59 The requirements of this paragraph do not apply to an 60 arrangement licensed before April 1, 1995, regardless of the 61 nature of its business. However, an arrangement exempt from the 62 requirements of this paragraph may not expand the nature of its 63 business beyond that set forth in the articles of incorporation 64 of its sponsoring association as of April 1, 1995, except as 65 authorized in this paragraph. 66 Section 2. Paragraph (a) of subsection (1) of section 67 627.654, Florida Statutes, is amended to read: 68 627.654 Labor union, association, and small employer health 69 alliance groups.— 70 (1)(a) A bona fide group as defined in s. 624.438(1)(b)4., 71 anorassociation of employers,as defined in 29 C.F.R. part722510.3-5,or a group of individuals may be insured under a 73 policy issued to an association, including a labor union, which 74 association has a constitution and bylaws and which has been 75 organized for purposes in addition to that of obtaining 76 insurance, or to the trustees of a fund established by such an 77 association, which association or trustees shall be deemed the 78 policyholder, insuring at least 15 individual members of the 79 association for the benefit of persons other than the officers 80 of the association, the association, or trustees. 81 Section 3. This act shall take effect upon becoming a law. 82 83 ================= T I T L E A M E N D M E N T ================ 84 And the title is amended as follows: 85 Between lines 5 and 6 86 insert: 87 amending s. 627.654, F.S.; conforming a provision to 88 changes made by the act;