Bill Amendment: FL S0966 | 2013 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Health Care
Status: 2013-05-03 - Died on Calendar, companion bill(s) passed, see CS/HB 1071 (Ch. 2013-93), CS/CS/HB 1159 (Ch. 2013-153), SB 1520 (Ch. 2013-48) [S0966 Detail]
Download: Florida-2013-S0966-Senate_Floor_Amendment_153962.html
Bill Title: Health Care
Status: 2013-05-03 - Died on Calendar, companion bill(s) passed, see CS/HB 1071 (Ch. 2013-93), CS/CS/HB 1159 (Ch. 2013-153), SB 1520 (Ch. 2013-48) [S0966 Detail]
Download: Florida-2013-S0966-Senate_Floor_Amendment_153962.html
Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS for CS for SB 966 Barcode 153962 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Hukill moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 3603 and 3604 4 insert: 5 Section 80. Paragraph (d) of subsection (12) of section 6 627.6699, Florida Statutes, is amended to read: 7 627.6699 Employee Health Care Access Act.— 8 (12) STANDARD, BASIC, HIGH DEDUCTIBLE, AND LIMITED HEALTH 9 BENEFIT PLANS.— 10 (d)1. Upon offering coverage under a standard health 11 benefit plan, a basic health benefit plan, or a limited benefit 12 policy or contract for aanysmall employer group, the small 13 employer carrier shall provide such employer group with a 14 written statement that contains, at a minimum: 15 a. An explanation of those mandated benefits and providers 16 that are not covered by the policy or contract; 17 b. An explanation of the managed care and cost control 18 features of the policy or contract, along with all appropriate 19 mailing addresses and telephone numbers to be used by insureds 20 in seeking information or authorization; and 21 c. An explanation of the primary and preventive care 22 features of the policy or contract. 23 24 Such disclosure statement must be presented in a clear and 25 understandable form and format and must be separate from the 26 policy or certificate or evidence of coverage provided to the 27 employer group. 28 2. Before a small employer carrier issues a standard health 29 benefit plan, a basic health benefit plan, or a limited benefit 30 policy or contract, the carrieritmust obtain from the 31 prospective policyholder a signed written statement in which the 32 prospective policyholder: 33 a. Certifies as to eligibility for coverage under the 34 standard health benefit plan, basic health benefit plan, or 35 limited benefit policy or contract; 36 b. Acknowledges the limited nature of the coverage and an 37 understanding of the managed care and cost control features of 38 the policy or contract; 39 c. Acknowledges that if misrepresentations are made 40 regarding eligibility for coverage under a standard health 41 benefit plan, a basic health benefit plan, or a limited benefit 42 policy or contract, the person making such misrepresentations 43 forfeits coverage provided by the policy or contract; and 44 d. If a limited plan is requested, acknowledges that the 45 prospective policyholder had been offered, at the time of 46 application for the insurance policy or contract, the 47 opportunity to purchase any health benefit plan offered by the 48 carrier and that the prospective policyholderhadrejected that 49 coverage. 50 51 A copy of such written statement mustshallbe provided to the 52 prospective policyholder byno later than atthe time of 53 delivery of the policy or contract, and the original of such 54 written statement mustshallbe retained in the files of the 55 small employer carrier for the period of time that the policy or 56 contract remains in effect or for 5 years, whicheverperiodis 57 longer. 58 3. Any material statement made by an applicant for coverage 59 under a health benefit plan which falsely certifiesas tothe 60 applicant’s eligibility for coverage serves as the basis for 61 terminating coverage under the policy or contract. 624. Each marketing communication that is intended to be used63in the marketing of a health benefit plan in this state must be64submitted for review by the office prior to use and must contain65the disclosures stated in this subsection.66 Section 81. Subsection (2) of section 627.9407, Florida 67 Statutes, is amended to read: 68 627.9407 Disclosure, advertising, and performance standards 69 for long-term care insurance.— 70 (2) ADVERTISING.—The commission shall adopt rules 71 establishingsetting forthstandards for the advertising, 72 marketing, and sale of long-term care insurance policies in 73 order to protect applicants from unfair or deceptive sales or 74 enrollment practices. An insurer shall file with the office any 75 long-term care insurance advertising material intended for use 76 in this state and may immediately begin using such material upon 77 filing, subject to subsequent disapproval by the office. 78 Following receipt of a notice of disapproval or a withdrawal of 79 approval, the insurer must immediately cease use of the 80 disapproved materialat least 30 days before the date of use of81the advertisement in this state.Within 30 days after the date82of receipt of the advertising material, the office shall review83the material and shall disapprove any advertisement if, in the84opinion of the office, such advertisement violates any of the85provisions of this part or of part IX of chapter 626 or any rule86of the commission.The office may also disapprove an 87 advertisement at any time and enter an immediate order requiring 88 that the use of the advertisement be discontinued if it 89 determines that the advertisement violatesany of the provisions90ofthis part,or ofpart IX of chapter 626, or any rule of the 91 commission. 92 93 ================= T I T L E A M E N D M E N T ================ 94 And the title is amended as follows: 95 Delete line 351 96 and insert: 97 the state; amending ss. 627.6699 and 627.9407, F.S.; 98 authorizing a health insurer to immediately begin 99 using long-term care insurance advertising material 100 under certain circumstances; amending ss. 627.645, 101 627.668, 627.669,