The purpose is to adopt the “Notice of Estimated Premium Impacts from the Federal Patient Protection and Affordable Care Act” required by CS/SB 1842 (Chapter 2013-101, Laws of Florida), which amended Section 627.410, Florida Statutes. This notice ...

 

FINANCIAL SERVICES COMMISSION

OIR – Insurance Regulation

RULE NO.:RULE TITLE:

69O-149.022Forms Adopted

PURPOSE AND EFFECT: The purpose is to adopt the “Notice of Estimated Premium Impacts from the Federal Patient Protection and Affordable Care Act” required by CS/SB 1842 (Chapter 2013-101, Laws of Florida), which amended Section 627.410, Florida Statutes. This notice will be required to be sent to all individual and small group non-grandfathered health plans or health maintenance organizations.

SUMMARY: The amendment to Rule 69O-149.022, F.A.C., adopts by reference the “Notice of Estimated Premium Impacts from the Federal Patient Protection and Affordable Care Act” and the related instructions to insurers.

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. Furthermore Section 3 of Chapter 2013-174, Laws of Florida, specifically provides this rule is not subject to Section 120.541(3), 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: 624.308, 627.410(9) FS.

LAW IMPLEMENTED: 624.424(1)(c), 627.410, 636.216, 627.410(9) 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: July 22, 2013, 9:30 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: Karen Kees, 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: Karen Kees, Office of Insurance Regulation, E-mail [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69O-149.022 Forms Adopted.

(1) The forms adopted in subsection (2), below, shall be used, as applicable, by insurers making form filings for life and accident insurance, annuities, and health insurance. All the forms in subsections (2) and (3), below, are hereby adopted and incorporated by reference. All forms are available and may be printed from the Office’s website: www.floir.com.

(2) No change.

(3) Form OIR-B2-2112 “Consumer Notice The Impact of Federal Health Care Reform on Your Health Plan Costs* (New 9/13)

Rulemaking Authority 624.308, 627.410(9) FS. Law Implemented 624.424(1)(c), 627.410, 636.216, 627.410(9) FS. History–New 10-29-91, Amended 5-15-96, 4-4-02, 5-2-02, 6-19-03, Formerly 4-149.022, Amended 4-7-05, 1-12-06, 1-28-13,___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Karen Kees, 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: June 25, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 4, 2013