SB111,1577,1916
633.01
(1) (intro.) “Administrator" means a person who directly or indirectly
17solicits or collects premiums or charges or otherwise effects coverage or adjusts or
18settles claims for
a an employee benefit plan, but does not include the following
19persons if they perform these acts under the circumstances specified for each:
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(c) A creditor on behalf of its debtor, if to obtain payment, reimbursement or
21other method of satisfaction from
a an employee benefit plan for any part of a debt
22owed to the creditor by the debtor.
SB111,2989
23Section 2989
. 633.01 (2r) of the statutes is created to read:
SB111,1577,2424
633.01
(2r) “Enrollee” has the meaning given in s. 632.861 (1) (b).
SB111,2990
25Section 2990
. 633.01 (3) of the statutes is amended to read:
SB111,1578,2
1633.01
(3) “Insured
employee" means an employee who is a resident of this
2state and who is covered under
a an employee benefit plan.
SB111,2991
3Section 2991
. 633.01 (4) of the statutes is renumbered 633.01 (2g) and
4amended to read:
SB111,1578,105
633.01
(2g) “
Plan Employee benefit plan" means an insured or wholly or
6partially self-insured employee benefit plan which by means of direct payment,
7reimbursement or other arrangement provides to one or more employees who are
8residents of this state benefits or services that include, but are not limited to, benefits
9for medical, surgical or hospital care, benefits in the event of sickness, accident,
10disability or death, or benefits in the event of unemployment or retirement.
SB111,2992
11Section 2992
. 633.01 (4g) of the statutes is created to read:
SB111,1578,1312
633.01
(4g) “Pharmacy benefit manager” has the meaning given in s. 632.865
13(1) (c).
SB111,2993
14Section 2993
. 633.01 (4r) of the statutes is created to read:
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633.01
(4r) “Prescription drug benefit” has the meaning given in s. 632.865 (1)
16(e).
SB111,2994
17Section 2994
. 633.01 (5) of the statutes is amended to read:
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633.01
(5) “Principal" means a person, including an insurer, that uses the
19services of an administrator to provide
a an employee benefit plan.
SB111,2995
20Section 2995
. 633.01 (6) of the statutes is created to read:
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633.01
(6) “Self-insured health plan" has the meaning given in s. 632.85 (1) (c).
SB111,2996
22Section 2996
. 633.04 (intro.) of the statutes is amended to read:
SB111,1579,2
23633.04 Written agreement required. (intro.) An administrator may not
24administer
a an employee benefit plan in the absence of a written agreement
25between the administrator and a principal. The administrator and principal shall
1each retain a copy of the written agreement for the duration of the agreement and
2for 5 years thereafter. The written agreement shall contain the following terms:
SB111,2997
3Section 2997
. 633.05 of the statutes is amended to read:
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4633.05 Payment to administrator. If a principal is an insurer, payment to
5the administrator of a premium or charge by or on behalf of an insured
employee is
6payment to the insurer, but payment of a return premium or claim by the insurer to
7the administrator is not payment to an insured
employee until the payment is
8received by the insured
employee. This section does not limit any right of the insurer
9against the administrator for failure to make payments to the insurer or an insured
10employee.
SB111,2998
11Section 2998
. 633.06 of the statutes is amended to read:
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12633.06 Examination and inspection of books and records. (1) The
13commissioner may examine, audit or accept an audit of the books and records of an
14administrator
or pharmacy benefit manager as provided for examination of licensees
15under s. 601.43 (1), (3), (4) and (5), to be conducted as provided in s. 601.44, and with
16costs to be paid as provided in s. 601.45.
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17(2) A principal that uses an administrator may inspect the books and records
18of the administrator, subject to any restrictions set forth in ss. 146.81 to 146.835 and
19in the written agreement required under s. 633.04, for the purpose of enabling the
20principal to fulfill its contractual obligations to
insureds insured employees.
SB111,2999
21Section 2999
. 633.07 of the statutes is amended to read:
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22633.07 Approval of advertising. An administrator may not use any
23advertising for
a an employee benefit plan underwritten by an insurer unless the
24insurer approves the advertising in advance.
SB111,3000
25Section 3000
. 633.09 (4) (b) 2. and 3. of the statutes are amended to read:
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1633.09
(4) (b) 2. To
a
an employee benefit plan policyholder for payment to a
2principal, the funds belonging to the principal.
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3. To an insured
employee, the funds belonging to the insured
employee.
SB111,3001
4Section 3001
. 633.11 of the statutes is amended to read: