Bill Text: FL S0252 | 2015 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Insurance
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Passed) 2015-05-22 - Chapter No. 2015-42 [S0252 Detail]
Download: Florida-2015-S0252-Engrossed.html
Bill Title: Insurance
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Passed) 2015-05-22 - Chapter No. 2015-42 [S0252 Detail]
Download: Florida-2015-S0252-Engrossed.html
CS for CS for CS for SB 252 First Engrossed 2015252e1 1 A bill to be entitled 2 An act relating to insurance; amending s. 408.909, 3 F.S.; revising the due date for an annual report 4 relating to health flex plans which must be submitted 5 by the Office of Insurance Regulation and the Agency 6 for Health Care Administration; amending s. 440.13, 7 F.S.; revising the due date for a biennial report 8 relating to methods to improve the workers’ 9 compensation health care delivery system which must be 10 submitted by a certain three-member panel; amending s. 11 624.413, F.S.; increasing the number of years that a 12 specified examination report remains valid and may be 13 considered for the purpose of applying for a 14 certificate of authority; amending s. 624.425, F.S.; 15 providing that the absence of a countersignature does 16 not affect the validity of a policy or contract of 17 insurance; amending s. 627.211, F.S.; revising the due 18 date for an annual report relating to certain workers’ 19 compensation issues which must be submitted by the 20 office; amending s. 627.971, F.S.; providing that the 21 term “financial guaranty insurance” does not include 22 guarantees of higher education loans unless written by 23 a financial guaranty insurance corporation; providing 24 an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Subsection (9) of section 408.909, Florida 29 Statutes, is amended to read: 30 408.909 Health flex plans.— 31 (9) PROGRAM EVALUATION.—The agency and the office shall 32 evaluate the pilot program and its effect on the entities that 33 seek approval as health flex plans, on the number of enrollees, 34 and on the scope of the health care coverage offered under a 35 health flex plan; shall provide an assessment of the health flex 36 plans and their potential applicability in other settings; shall 37 use health flex plans to gather more information to evaluate 38 low-income consumer driven benefit packages; and shall, by 39 January 15, 2016January 1, 2005, and annually thereafter, 40 jointly submit a report to the Governor, the President of the 41 Senate, and the Speaker of the House of Representatives. 42 Section 2. Paragraph (e) of subsection (12) of section 43 440.13, Florida Statutes, is amended to read: 44 440.13 Medical services and supplies; penalty for 45 violations; limitations.— 46 (12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM 47 REIMBURSEMENT ALLOWANCES.— 48 (e) In addition to establishing the uniform schedule of 49 maximum reimbursement allowances, the panel shall: 50 1. Take testimony, receive records, and collect data to 51 evaluate the adequacy of the workers’ compensation fee schedule, 52 nationally recognized fee schedules and alternative methods of 53 reimbursement to health care providers and health care 54 facilities for inpatient and outpatient treatment and care. 55 2. Survey health care providers and health care facilities 56 to determine the availability and accessibility of workers’ 57 compensation health care delivery systems for injured workers. 58 3. Survey carriers to determine the estimated impact on 59 carrier costs and workers’ compensation premium rates by 60 implementing changes to the carrier reimbursement schedule or 61 implementing alternative reimbursement methods. 62 4. Submit recommendations on or before January 15, 2017 63January 1, 2003, and biennially thereafter, to the President of 64 the Senate and the Speaker of the House of Representatives on 65 methods to improve the workers’ compensation health care 66 delivery system. 67 68 The department, as requested, shall provide data to the panel, 69 including, but not limited to, utilization trends in the 70 workers’ compensation health care delivery system. The 71 department shall provide the panel with an annual report 72 regarding the resolution of medical reimbursement disputes and 73 any actions pursuant to subsection (8). The department shall 74 provide administrative support and service to the panel to the 75 extent requested by the panel. For prescription medication 76 purchased under the requirements of this subsection, a 77 dispensing practitioner shall not possess such medication unless 78 payment has been made by the practitioner, the practitioner’s 79 professional practice, or the practitioner’s practice management 80 company or employer to the supplying manufacturer, wholesaler, 81 distributor, or drug repackager within 60 days of the dispensing 82 practitioner taking possession of that medication. 83 Section 3. Paragraph (f) of subsection (1) of section 84 624.413, Florida Statutes, is amended to read: 85 624.413 Application for certificate of authority.— 86 (1) To apply for a certificate of authority, an insurer 87 shall file its application therefor with the office, upon a form 88 adopted by the commission and furnished by the office, showing 89 its name; location of its home office and, if an alien insurer, 90 its principal office in the United States; kinds of insurance to 91 be transacted; state or country of domicile; and such additional 92 information as the commission reasonably requires, together with 93 the following documents: 94 (f) If a foreign or alien insurer, a copy of the report of 95 the most recent examination of the insurer certified by the 96 public official having supervision of insurance in its state of 97 domicile or of entry into the United States. The end of the most 98 recent year covered by the examination must be within the 5-year 993-yearperiod preceding the date of application. In lieu of the 100 certified examination report, the office may accept an audited 101 certified public accountant’s report prepared on a basis 102 consistent with the insurance laws of the insurer’s state of 103 domicile, certified by the public official having supervision of 104 insurance in its state of domicile or of entry into the United 105 States. 106 Section 4. Subsection (6) is added to section 624.425, 107 Florida Statutes, to read: 108 624.425 Agent countersignature required, property, 109 casualty, surety insurance.— 110 (6) The absence of a countersignature required under this 111 section does not affect the validity of a policy or contract of 112 insurance. 113 Section 5. Subsection (6) of section 627.211, Florida 114 Statutes, is amended to read: 115 627.211 Deviations; workers’ compensation and employer’s 116 liability insurances.— 117 (6) The office shall submit an annual report to the 118 President of the Senate and the Speaker of the House of 119 Representatives by January 151of each year which evaluates 120 competition in the workers’ compensation insurance market in 121 this state. The report must contain an analysis of the 122 availability and affordability of workers’ compensation coverage 123 and whether the current market structure, conduct, and 124 performance are conducive to competition, based upon economic 125 analysis and tests. The purpose of this report is to aid the 126 Legislature in determining whether changes to the workers’ 127 compensation rating laws are warranted. The report must also 128 document that the office has complied with the provisions of s. 129 627.096 which require the office to investigate and study all 130 workers’ compensation insurers in the state and to study the 131 data, statistics, schedules, or other information as it finds 132 necessary to assist in its review of workers’ compensation rate 133 filings. 134 Section 6. Paragraph (b) of subsection (1) of section 135 627.971, Florida Statutes, is amended to read: 136 627.971 Definitions.—As used in this part: 137 (1) 138 (b) However, “financial guaranty insurance” does not 139 include: 140 1. Insurance of a loss resulting from an event described in 141 paragraph (a), if the loss is payable only upon the occurrence 142 of any of the following, as specified in a surety bond, 143 insurance policy, or indemnity contract: 144 a. A fortuitous physical event; 145 b. A failure of or deficiency in the operation of 146 equipment; or 147 c. An inability to extract or recover a natural resource; 148 2. An individual or schedule public official bond; 149 3. A court bond required in connection with judicial, 150 probate, bankruptcy, or equity proceedings, including a waiver, 151 probate, open estate, or life tenant bond; 152 4. A bond running to a federal, state, county, municipal 153 government, or other political subdivision, as a condition 154 precedent to the granting of a license to engage in a particular 155 business or of a permit to exercise a particular privilege; 156 5. A loss security bond or utility payment indemnity bond 157 running to a governmental unit, railroad, or charitable 158 organization; 159 6. A lease, purchase and sale, or concessionaire surety 160 bond; 161 7. Credit unemployment insurance on a debtor in connection 162 with a specific loan or other credit transaction, to provide 163 payments to a creditor in the event of unemployment of the 164 debtor for the installments or other periodic payments becoming 165 due while a debtor is unemployed; 166 8. Credit insurance indemnifying a manufacturer, merchant, 167 or educational institution which extends credit against loss or 168 damage resulting from nonpayment of debts owed to her or him for 169 goods or services provided in the normal course of her or his 170 business; 171 9. Guaranteed investment contracts that are issued by life 172 insurance companies and that provide that the life insurer will 173 make specified payments in exchange for specific premiums or 174 contributions; 175 10. Mortgage guaranty insurance as defined in s. 635.011(1) 176 or s. 635.021; 177 11. Indemnity contracts or similar guaranties, to the 178 extent that they are not otherwise limited or proscribed by this 179 part, in which a life insurer guarantees: 180 a. Its obligations or indebtedness or the obligations or 181 indebtedness of a subsidiary of which it owns more than 50 182 percent, other than a financial guaranty insurance corporation, 183 if: 184 (I) For any such obligations or indebtedness that are 185 backed by specific assets, such assets are at all times owned by 186 the insurer or the subsidiary; and 187 (II) For the obligations or indebtedness of the subsidiary 188 that are not backed by specific assets of the life insurer, the 189 guaranty terminates once the subsidiary ceases to be a 190 subsidiary; or 191 b. The obligations or indebtedness, including the 192 obligation to substitute assets where appropriate, with respect 193 to specific assets acquired by a life insurer in the course of 194 normal investment activities and not for the purpose of resale 195 with credit enhancement, or guarantees obligations or 196 indebtedness acquired by its subsidiary, provided that the 197 assets so acquired have been: 198 (I) Acquired by a special purpose entity where the sole 199 purpose is to acquire specific assets of the life insurer or the 200 subsidiary and issue securities or participation certificates 201 backed by such assets; or 202 (II) Sold to an independent third party; or 203 c. The obligations or indebtedness of an employee or agent 204 of the life insurer; 205 12. Any form of surety insurance as defined in s. 624.606; 206 13. Guarantees of higher education loans, unless written by 207 a financial guaranty insurance corporation; or 208 14.13.Any other form of insurance covering risks which the 209 office determines to be substantially similar to any of the 210 foregoing. 211 Section 7. This act shall take effect July 1, 2015.