Bill Text: FL S1566 | 2011 | Regular Session | Introduced

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Bill Title: Interstate Health Insurance Policies

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1566 Detail]

Download: Florida-2011-S1566-Introduced.html

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       Florida Senate - 2011                                    SB 1566
       
       
       
       By Senator Alexander
       
       
       
       
       17-00981-11                                           20111566__
    1                        A bill to be entitled                      
    2         An act relating to interstate health insurance
    3         policies; creating s. 624.122, F.S.; authorizing
    4         solicitation and sale of interstate health insurance
    5         policies in this state by certain persons; providing a
    6         definition; requiring interstate health insurance
    7         policies and policy applications to contain a certain
    8         notice; providing for application of certain
    9         provisions to certain insurers; excluding interstate
   10         health insurance policies from certain requirements;
   11         exempting interstate health insurance policies and
   12         applications from certain Florida Insurance Code
   13         provisions; providing exceptions; providing an
   14         effective date.
   15  
   16         WHEREAS, while many residents of this state have access to
   17  first-rate health care, affordable health care coverage is not
   18  available to all who wish to purchase it, and
   19         WHEREAS, by removing barriers limiting access to affordable
   20  health care coverage and expanding opportunities for residents
   21  of this state to purchase more affordable coverage, this state
   22  can improve access to health care and curtail rising health care
   23  costs while preserving the first-rate care that so many
   24  Floridians already enjoy, and
   25         WHEREAS, it is important to provide residents of this state
   26  with more choices when selecting a health insurance product to
   27  allow individuals and families the ability to purchase
   28  affordable health care coverage, thereby increasing their access
   29  to quality health care, NOW, THEREFORE,
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Section 624.122, Florida Statutes, is created to
   34  read:
   35         624.122 Interstate health insurance policies; notice;
   36  exemption.—
   37         (1) Interstate health insurance policies and applications
   38  may be solicited and sold in this state only by a licensed
   39  health insurance agent and underwritten only by an admitted
   40  insurer. For purposes of this subsection, the term “interstate
   41  health insurance policy” means a policy of health insurance
   42  providing creditable coverage as defined in s. 627.6561(5)(a)2.
   43  that is offered to an individual who is a resident of this state
   44  and the policy is governed by the laws of any state, district,
   45  or commonwealth of the United States other than this state.
   46         (2) Any interstate health insurance policy sold, and any
   47  application for such insurance provided to a resident of this
   48  state pursuant to this section, must contain the following
   49  conspicuous, boldfaced disclosure in at least 12-point type:
   50  
   51         THIS INDIVIDUAL HEALTH INSURANCE POLICY IS PRIMARILY
   52         GOVERNED BY THE LAWS OF ...(INSERT STATE, DISTRICT, OR
   53         COMMONWEALTH).... AS A RESULT, THIS POLICY DOES NOT
   54         COMPLY WITH COVERAGE, UNDERWRITING, AND OTHER
   55         PROVISIONS OF THE FLORIDA INSURANCE CODE. ALL OF THE
   56         RATING LAWS APPLICABLE TO POLICIES FILED IN FLORIDA DO
   57         NOT APPLY TO THIS COVERAGE, WHICH MAY RESULT IN
   58         INCREASES IN YOUR PREMIUM AT RENEWAL THAT WOULD NOT BE
   59         PERMISSIBLE UNDER A FLORIDA-APPROVED POLICY. ANY
   60         PURCHASE OF INDIVIDUAL HEALTH INSURANCE SHOULD BE
   61         CONSIDERED CAREFULLY, AS FUTURE MEDICAL CONDITIONS MAY
   62         MAKE IT IMPOSSIBLE TO QUALIFY FOR ANOTHER INDIVIDUAL
   63         HEALTH POLICY. FOR INFORMATION CONCERNING INDIVIDUAL
   64         HEALTH COVERAGE UNDER A FLORIDA-APPROVED POLICY,
   65         CONSULT YOUR AGENT OR THE FLORIDA DEPARTMENT OF
   66         FINANCIAL SERVICES.
   67  
   68         (3) Any insurer underwriting interstate health insurance
   69  policies pursuant to this section is subject to all applicable
   70  provisions of the Florida Insurance Code, except as otherwise
   71  provided in this section. Interstate health insurance policies
   72  are not subject to any form approval, rate approval,
   73  underwriting restrictions, guaranteed availability, or coverage
   74  mandates provided in the Florida Insurance Code. Health
   75  insurance agents who are licensed and appointed pursuant to
   76  chapter 626 may solicit, sell, effect, collect premium on, and
   77  deliver interstate heath insurance policies in accordance with
   78  this section.
   79         (4) Any interstate health insurance policy or application
   80  solicited, provided, entered into, issued, or delivered pursuant
   81  to this section is exempt from all provisions of the Florida
   82  Insurance Code, except that such policy, contract, or agreement
   83  is subject to the provisions of ss. 624.155, 624.316, 624.3161,
   84  626.951, 626.9511, 626.9521, 626.9541, 626.9551, 626.9561,
   85  626.9571, 626.9581, 626.9591, 626.9601, 627.413, 627.4145,
   86  627.428, and 627.6043.
   87         Section 2. This act shall take effect July 1, 2011.