AB50,291421Section 2914. 625.12 (1) (a) of the statutes is amended to read: AB50,1432,2322625.12 (1) (a) Past and prospective loss and expense experience within and 23outside of this state, except as provided in s. 632.728. AB50,291524Section 2915. 625.12 (1) (e) of the statutes is amended to read: AB50,1433,2
1625.12 (1) (e) Subject to s. ss. 632.365 and 632.728, all other relevant factors, 2including the judgment of technical personnel. AB50,29163Section 2916. 625.12 (2) of the statutes is amended to read: AB50,1433,124625.12 (2) Classification. Except as provided in s. ss. 632.728 and 632.729, 5risks may be classified in any reasonable way for the establishment of rates and 6minimum premiums, except that no classifications may be based on race, color, 7creed or national origin, and classifications in automobile insurance may not be 8based on physical condition or developmental disability as defined in s. 51.01 (5). 9Subject to ss. 632.365, 632.728, and 632.729, rates thus produced may be modified 10for individual risks in accordance with rating plans or schedules that establish 11reasonable standards for measuring probable variations in hazards, expenses, or 12both. Rates may also be modified for individual risks under s. 625.13 (2). AB50,291713Section 2917. 625.15 (1) of the statutes is amended to read: AB50,1433,2114625.15 (1) Rate making. An Except as provided in s. 632.728, an insurer may 15itself establish rates and supplementary rate information for one or more market 16segments based on the factors in s. 625.12 and, if the rates are for motor vehicle 17liability insurance, subject to s. 632.365, or the insurer may use rates and 18supplementary rate information prepared by a rate service organization, with 19average expense factors determined by the rate service organization or with such 20modification for its own expense and loss experience as the credibility of that 21experience allows. AB50,291822Section 2918. 628.34 (3) (a) of the statutes is amended to read: AB50,1434,723628.34 (3) (a) No insurer may unfairly discriminate among policyholders by
1charging different premiums or by offering different terms of coverage except on the 2basis of classifications related to the nature and the degree of the risk covered or the 3expenses involved, subject to ss. 632.365, 632.728, 632.729, 632.746 and, 632.748, 4and 632.7496. Rates are not unfairly discriminatory if they are averaged broadly 5among persons insured under a group, blanket or franchise policy, and terms are 6not unfairly discriminatory merely because they are more favorable than in a 7similar individual policy. AB50,29198Section 2919. 628.42 of the statutes is created to read: AB50,1434,109628.42 Disclosure and review of prior authorization requirements. 10(1) In this section: AB50,1434,1111(a) “Health care plan” has the meaning given in s. 628.36 (2) (a) 1. AB50,1434,1412(b) 1. “Prior authorization” means the process by which a health care plan or 13a contracted utilization review organization determines the medical necessity and 14medical appropriateness of otherwise covered health care services. AB50,1434,17152. “Prior authorization” includes any requirement that an enrollee or provider 16notify the health care plan or a contracted utilization review organization before, at 17the time of, or concurrent to providing a health care service. AB50,1434,1818(b) “Provider” has the meaning given in s. 628.36 (2) (a) 2. AB50,1434,2119(2) (a) A health care plan shall maintain a complete list of services for which 20prior authorization is required, including services where prior authorization is 21performed by an entity under contract with the health care plan. AB50,1434,2422(b) A health care plan shall publish the list under par. (a) on its website. The 23list shall be accessible by members of the general public without requiring the 24creation of any of an account or the entry of any credentials or personal information. AB50,1435,2
1(c) The list under par. (a) is not required to contain any clinical review criteria 2applicable to the services. AB50,1435,103(3) (a) A health care plan shall make any current prior authorization 4requirements and restrictions along with the clinical review criteria applicable to 5those requirements or restrictions accessible and conspicuously posted on its 6website to enrollees and providers. Content published by a 3rd party and licensed 7for use by a health care plan or a contracted utilization review organization may 8satisfy this subsection if it is available to access through the website of the health 9care plan or the contracted utilization review organization as long as the website 10does not unreasonably restrict access. AB50,1435,1311(b) The prior authorization requirements and restrictions under par. (a) shall 12be described in detail, and shall be written in easily understandable, plain 13language. AB50,1435,1614(c) The prior authorization requirements and restrictions under par. (a) shall 15indicate all of the following for each service subject to the prior authorization 16requirements and restrictions: AB50,1435,18171. When the requirement or restriction began for policies issued or delivered 18in this state, including effective dates and any termination dates. AB50,1435,20192. The date that the requirement or restriction was listed on the website of the 20health care plan or a contracted utilization review organization. AB50,1435,21213. The date that the requirement or restriction was removed in this state. AB50,1435,23224. A method to access a standardized electronic prior authorization request 23transaction process. AB50,1436,2
1(4) Any clinical review criteria on which a prior authorization requirement or 2restriction is based shall satisfy all of the following: AB50,1436,43(a) The criteria are based on nationally recognized, generally accepted 4standards except where provided by law. AB50,1436,65(b) The criteria are developed in accordance with the current standards of a 6national medical accreditation entity.