The Office of Insurance Regulation is updating Chapter 69O-192.

 

DEPARTMENT OF FINANCIAL SERVICES

OIR – Insurance Regulation

RULE NOS.:RULE TITLES:

69O-192.001Purpose and Scope

69O-192.008General Eligibility

69O-192.048Annual Report

69O-192.058Forms Incorporated by Reference

PURPOSE AND EFFECT: The Office of Insurance Regulation is updating Chapter 69O-192.

SUMMARY: 69O-192.001 and .058 are repealed. 69O-192.008 is amended to transfer all aspects of the applications process from other rules in the chapter to one single rule. 69O-192.048 is amended to incorporate the annual reports that must be filed with the Office.

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: 624.439, 624.442, 624.4431 FS.

LAW IMPLEMENTED: 624.438, 624.439, 624.442 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michael Lawrence, Jr., Chief Legal Counsel, Office of Insurance Regulation, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

69O-192.001 Purpose and Scope.

 

Rulemaking Authority 624.4431 FS. Law Implemented 624.436 FS. History–New 7-15-90, Formerly 4-116.001, Amended 11-16-92, Formerly 4-192.001, Repealed ______________.

 

69O-192.008 Multiple-Employer Welfare Arrangement Application General Eligibility.

 

Substantial rewording of Rule 69O-192.008, F.A.C. follows.  See Florida Administrative Code for present text.

 

(1) An application for a person applying for a certificate of authority as a multiple-employer welfare arrangement consists of the following:

(a) Form OIR-C1-983, “Application for Certificate of Authority Multiple Employer Welfare Arrangement,” effective 2/22, hereby incorporated by reference and available at www.flrules.org/XXXXX;

(b) Form OIR-C1-905, “Instructions for Furnishing Background Investigative Reports,” effective 6/20, hereby incorporated by reference and available at www.flrules.org/XXXXX;

(c) Form OIR-C1-938, “Fingerprint Payment and Submission Procedures,” effective 6/20, hereby incorporated by reference and available at www.flrules.org/XXXXX;

(d) Form OIR-C1-1423, “Biographical Affidavit,” effective 12/20, hereby incorporated by reference and available at www.flrules.org/XXXXX; and

(e) Form OIR-C1-2221, “Management Information Form,” effective 6/20, available at www.flrules.org/XXXXX.

(2) A person applying for a certificate of authority as a multiple-employer welfare arrangement shall submit forms in subsection (1) as directed by the Office electronically at https://www.floir.com/iportal.

 

Rulemaking Authority 624.439, 624.4431 FS. Law Implemented 624.438(1)(a), (b), 624.439(7)(a) FS. History–New 7-28-94, Formerly 4-192.008, Amended ________________.

 

69O-192.048 Annual and Quarterly Reporting Requirements Report.

 

Substantial rewording of Rule 69O-192.048, F.A.C. follows.  See Florida Administrative Code for present text.

 

(1) Each Multiple Employer Welfare Arrangement (“MEWA”) shall file with the Office a full and true report of its financial condition, transactions, and affairs.

(a) An annual report covering the preceding fiscal year shall be filed within 3 months after the end of the fiscal year, and quarterly reports within 45 days after the end of each of its four quarterly reporting periods.

(b) The Office shall grant an extension of time for filing an annual or quarterly report if there exist conditions beyond the control of the authorized MEWA, such as rehabilitation pursuant to chapter 631, F.S., or the laws of the state of domicile; severe damage to the MEWA’s physical premises by a natural or man-made disaster; or some other reason of similar gravity and severity. The request for an extension of time for filing an annual or quarterly report shall be submitted to the Office at least 7 days before the filing is due. The extension shall be for the amount of time reasonable to file under the conditions which justified the extension.

(c) For purposes of this rule, the requirement that reports be filed with the Office means that the report has been transmitted electronically to the National Association of Insurance Commissioners and that the executed Jurat page of said report has been transmitted electronically to the Office via the Regulatory Electronic Filing System, “REFS.” The date affixed by the Office’s electronic data processing system shall serve as evidence of the timeliness of the report. Annual and quarterly reports in any other format shall not be submitted to the Office.

(2) Annual and Quarterly Report Reporting.

Each MEWA shall submit its annual and quarterly report information electronically to the National Association of Insurance Commissioners in accordance with the electronic filing instructions incorporated by reference in paragraph 69O-137.001(3)(b), F.A.C.

(3) Manuals Adopted.

(a) Annual reports shall be prepared in accordance with the manuals incorporated by reference in paragraph 69O-137.001(4)(a), F.A.C.

(b) Quarterly reports shall be prepared in accordance with the manuals incorporated by reference in paragraph 69O-137.001(4)(b), F.A.C.

(c) Copies of the manuals are available:

1. From the National Association of Insurance Commissioners at http://www.naic.org; and,

2. For inspection during regular business hours at the Office of Insurance Regulation, Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0300.

 

Rulemaking Authority 624.442, 624.4431 FS. Law Implemented 624.442(1) FS. History–New 11-16-92, Formerly 4-192.048, Amended ________________.

 

69O-192.058 Forms Incorporated by Reference.

 

Rulemaking Authority 624.4431 FS. Law Implemented 624.424, 624.439, 624.442, 628.4615 FS. History–New 7-15-90, Formerly 4-116.015, Amended 7-28-94, Formerly 4-192.058, Amended 7-30-17, Repealed ______________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Michael Lawrence, Jr., Chief Legal Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Financial Services Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 29, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 8, 2022