AB56-SA2,2070i
23Section 2070i. 609.713 of the statutes is created to read:
AB56-SA2,65,2
1609.713 Essential health benefits; preventive services. Defined network
2plans and preferred provider plans are subject to s. 632.895 (13m) and (14m).
AB56-SA2,2071i
3Section 2071i. 609.847 of the statutes is created to read:
AB56-SA2,65,6
4609.847 Preexisting condition discrimination and certain benefit
5limits prohibited. Limited service health organizations, preferred provider plans,
6and defined network plans are subject to s. 632.728.
AB56-SA2,2072i
7Section 2072i. 625.12 (1) (a) of the statutes is amended to read:
AB56-SA2,65,98
625.12
(1) (a) Past and prospective loss and expense experience within and
9outside of this state
, except as provided in s. 632.728.
AB56-SA2,2073i
10Section 2073i. 625.12 (1) (e) of the statutes is amended to read:
AB56-SA2,65,1211
625.12
(1) (e) Subject to
s.
ss. 632.365
and 632.728, all other relevant factors,
12including the judgment of technical personnel.
AB56-SA2,2074i
13Section 2074i. 625.12 (2) of the statutes is amended to read:
AB56-SA2,65,2214
625.12
(2) Classification.
Risks Except as provided in s. 632.728, risks may
15be classified in any reasonable way for the establishment of rates and minimum
16premiums, except that no classifications may be based on race, color, creed or
17national origin, and classifications in automobile insurance may not be based on
18physical condition or developmental disability as defined in s. 51.01 (5). Subject to
19s. ss. 632.365
and 632.728, rates thus produced may be modified for individual risks
20in accordance with rating plans or schedules that establish reasonable standards for
21measuring probable variations in hazards, expenses, or both. Rates may also be
22modified for individual risks under s. 625.13 (2).
AB56-SA2,2075i
23Section 2075i. 625.15 (1) of the statutes is amended to read:
AB56-SA2,66,624
625.15
(1) Rate making. An Except as provided in s. 632.728, an insurer may
25itself establish rates and supplementary rate information for one or more market
1segments based on the factors in s. 625.12 and, if the rates are for motor vehicle
2liability insurance, subject to s. 632.365, or the insurer may use rates and
3supplementary rate information prepared by a rate service organization, with
4average expense factors determined by the rate service organization or with such
5modification for its own expense and loss experience as the credibility of that
6experience allows.
AB56-SA2,2076i
7Section 2076i. 628.34 (3) (a) of the statutes is amended to read:
AB56-SA2,66,148
628.34
(3) (a) No insurer may unfairly discriminate among policyholders by
9charging different premiums or by offering different terms of coverage except on the
10basis of classifications related to the nature and the degree of the risk covered or the
11expenses involved, subject to ss. 632.365,
632.728, 632.746 and 632.748. Rates are
12not unfairly discriminatory if they are averaged broadly among persons insured
13under a group, blanket or franchise policy, and terms are not unfairly discriminatory
14merely because they are more favorable than in a similar individual policy.”.
AB56-SA2,66,16
16“
Section 2079i. 632.728 of the statutes is created to read:
AB56-SA2,66,18
17632.728 Coverage of persons with preexisting conditions; guaranteed
18issue; benefit limits. (1) Definitions. In this section:
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(a) “Health benefit plan” has the meaning given in s. 632.745 (11).
AB56-SA2,66,2020
(b) “Self-insured health plan” has the meaning given in s. 632.85 (1) (c).
AB56-SA2,67,2
21(2) Guaranteed issue. (a) Every individual health benefit plan shall accept
22every individual in this state who, and every group health benefit plan shall accept
23every employer in this state that, applies for coverage, regardless of sexual
24orientation, gender identity, or whether or not any employee or individual has a
1preexisting condition. A health benefit plan may restrict enrollment in coverage
2described in this paragraph to open or special enrollment periods.
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(b) The commissioner shall establish a statewide open enrollment period of no
4shorter than 30 days for every individual health benefit plan to allow individuals,
5including individuals who do not have coverage, to enroll in coverage.
AB56-SA2,67,10
6(3) Prohibiting discrimination based on health status. (a) An individual
7health benefit plan or a self-insured health plan may not establish rules for the
8eligibility of any individual to enroll, or for the continued eligibility of any individual
9to remain enrolled, under the plan based on any of the following health
10status-related factors in relation to the individual or a dependent of the individual:
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1. Health status.
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2. Medical condition, including both physical and mental illnesses.
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3. Claims experience.
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4. Receipt of health care.
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5. Medical history.
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6. Genetic information.
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7. Evidence of insurability, including conditions arising out of acts of domestic
18violence.