This rule is being amended to conform to the changes made to Section 641.221, Florida Statutes, by Chapter 2017-178, Laws of Florida, requiring a health maintenance organization (HMO) authorized to exclusively market, sell, or offer to sell Medicare ...  

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    DEPARTMENT OF FINANCIAL SERVICES

    OIR – Insurance Regulation

    RULE NO.:RULE TITLE:

    69O-191.029Maintaining Eligibility for Certificate of Authority

    PURPOSE AND EFFECT: This rule is being amended to conform to the changes made to Section 641.221, Florida Statutes, by Chapter 2017-178, Laws of Florida, requiring a health maintenance organization (HMO) authorized to exclusively market, sell, or offer to sell Medicare Advantage plans to be actively engaged in managed care within 24 months after licensure.

    SUBJECT AREA TO BE ADDRESSED: The current rule requires an HMO to be operational within six months of licensure. This creates a conflict with the changes to Section 641.221, Florida Statutes, which allows an HMO limited to Medicare Advantage plans up to 24 months after licensure to become operational. The rule will be updated to conform to the statutory changes.

    RULEMAKING AUTHORITY: 641.36, FS.

    LAW IMPLEMENTED: 641.19(7); 641.2015; 641.221, FS.

    IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

    DATE AND TIME: November 9, 2017, 10:00 a.m.

    PLACE: 116 Larson Building, 200 East Gaines Street, Tallahassee, Florida.

    Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Christopher Struk, Office of Insurance Regulation, E-mail Christopher.Struk@floir.com. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Christopher Struk, Office of Insurance Regulation, E-mail Christopher.Struk@floir.com.

    THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.

Document Information

Subject:
The current rule requires an HMO to be operational within six months of licensure. This creates a conflict with the changes to Section 641.221, Florida Statutes, which allows an HMO limited to Medicare Advantage plans up to 24 months after licensure to become operational. The rule will be updated to conform to the statutory changes.
Purpose:
This rule is being amended to conform to the changes made to Section 641.221, Florida Statutes, by Chapter 2017-178, Laws of Florida, requiring a health maintenance organization (HMO) authorized to exclusively market, sell, or offer to sell Medicare Advantage plans to be actively engaged in managed care within 24 months after licensure.
Rulemaking Authority:
641.36, FS.
Law:
641.19(7); 641.2015; 641.221, FS.
Contact:
Christopher Struk, Office of Insurance Regulation, E-mail Christopher.Struk@floir.com.
Related Rules: (1)
69O-191.029. Maintaining Eligibility for Certificate of Authority