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 ...

 

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.

SUMMARY: The amendment updates the rule to conform with the requirements of Section 641.221(2), F.S.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Agency personnel familiar with the subject matter of the rule amendment have performed an economic analysis of the rule amendment that shows that the rule amendment is unlikely to have an adverse impact on the State economy in excess of the criteria established in Section 120.541(2)(a), Florida Statutes.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 641.36, FS.

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

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: February 26, 2018, 9:30 a.m.

PLACE: 116 Larson Building, 200 East Gaines Street, Tallahassee, Florida. To join by telephone, call [phone] and enter conference ID# 306238.

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 [e-mail].. 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 IS: Christopher Struk, Office of Insurance Regulation, E-mail [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69O-191.029 Maintaining Eligibility for Certificate of Authority.

The HMO place of business shall be located in this state and shall be actively engaged in managed care within six months of licensure except as provided in Section 641.221(2), F.S. The HMO shall maintain a place of business, the location of which is identifiable by and accessible to the public as determined by the Office. Any HMO holding an existing Certificate of Authority which has not become operational as of the effective date of this rule shall be required to comply within one (1) year of this date.

Rulemaking Specific Authority 641.36 FS. Law Implemented 641.19(7), 641.2015, 641.221 FS. History–New 5-28-92, Formerly 4-191.029, Amended_________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Christopher Struk, Office of Insurance Regulation, E-mail [e-mail].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: THE FINANCIAL SERVICES COMMISSION

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 13, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 24, 2017