Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 940
       
       
       
       
       
       
                                Ì464912&Î464912                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/31/2023           .                                
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       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  an or association of employers, as defined in 29 C.F.R. part
   72  2510.3-5, 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;