Title: Florida Health Benefits Exchange

Summary: Providing legislative findings and intent to establish a state-level health benefits exchange by a certain date; providing minimum functions for such exchange; establishing the Florida Health Benefits Exchange Legislative Study Committee to consider and make recommendations regarding the establishment of the exchange; providing that the act is null and void if that part of federal law requiring an exchange is repealed or replaced, etc.

Full Text:
An act relating to the Florida Health Benefits Exchange; providing legislative findings and intent to establish a state-level health benefits exchange by a certain date; providing minimum functions for such exchange; establishing the Florida Health Benefits Exchange Legislative Study Committee to consider and make recommendations regarding the establishment of the exchange; providing for membership; specifying the minimum findings and recommendations of the committee; requiring a report; providing for future termination of the committee; providing that the act is null and void if that part of federal law requiring an exchange is repealed or replaced; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1.  Florida Health Benefits Exchange.  (1 ) LEGISLATIVE INTENT.   (a)  The Legislature finds that: 1. More than million state residents currently lack health insurance coverage, and millions more are underinsured because they lack sufficient coverage including a package of comprehensive benefits.. Rising health insurance premiums are jeopardizing employer-sponsored coverage for an increasing number of state residents and consuming an increasing portion of their wages. 3. Ninety-seven percent of all employer firms in this state, which represent 404,000 bu sinesses, have fewer than workers. Of those small businesses, percent employ fewer than workers and are, therefore, not subject to fines or penalties for not offering health insurance coverage to their employees. In fact, only 31.2 percent of these small employers offer health insurance while 97.6 percent of firms with more than employees offer such insurance. 4. Under the federal Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended, all businesses that have fewer than employees will be elig ible for benefits offered through the health benefits exchanges authorized by the federal act.The health benefits exchanges,therefore, represent one way that a state can address coverage gaps and provide individual consumers and small employers with acce ss to greater coverage options. 5.   A state is in the best position to implement an exchange that is sensitive to the coverage gaps and market landscape unique to that state. Although the federal act imposes a number of core requirements on state-level exchanges, a state has significant flexibility in the design and operation of a state exchange, making it prudent for the state to carefully analyze, plan,and prepare for an exchange that addresses that state s needs and profile. 6. I norder for the state to craft a tenable exchange that meets the fundamental goals outlined by the federal a ct of expanding access to affordable coverage and improving the quality of care, the i mplementation process should provide for broad stakeholder representation; foster a robust and competitive marketplace, both inside and outside the exchange; and provide for a broad-based approach to ensuring the fiscal solvency of the exchange. (b)  It is,therefore, the intent of the Legislature that,beginning January 1, 2014, and in accordance with ss. 1311,1321, and 1323 of the federal a ct, this state establish a state level health benefits exchange,to be known as the Florida Health Benefits Exchange,in order to help individuals and small employers that have up to employees shop for, select, and enroll in qualified, affordable private health plans that fit their ne eds at competitive prices. (2) PURPOSE. The purpose of this section is to ensure that the state is making sufficient progress towards establishing a state-level exchange within the guidelines outlined by the federal law by establishing a legislative study committee to consider and make recommendations regarding the implementation and establishment of the Florida Health Benefits Exchange. (3) EXCHANGE FUNCTIONS. At a minimum, the Florida Health Benefits Exchange must: (a) M eet the core functions identified by the federal a ct and subsequent fe deral guidance and regulations. (b) S eparate coverage pools for individual sand small employers and supplement and not supplant any existing private health insurance market for individuals and small employers. (c) P rotect state residents from undue federal regu lation. (4 ) STUDY COMMITTEE.  (a) The Florida Health Benefits Exchange Legislative Study Committee is created to conduct a study regarding the state implementation and establishment of the exchange. (b) Members of the committee shall be appointed as follows: 1. Three members of the Senate shall be appointed by the President of the Senate; 2. Three members of the Senate shall be appointed by the Minority Leader of the Senate; 3. Three members of the House of Representatives shall be appointed by the Speaker of th eHouse of Representatives; and 4. Three members of the House of Representatives shall be appointed by the Minority Leader of the House of Representatives. (c)  Each legislative leader shall select one member to serve as co-chair of the committee. (d) C ommittee members shall be appointed within days afte rthe effective date of this act.The co-chairs shall convene the first meeting of the committee within days af ter the effective date of this act. (e)  At a minimum, the committee shall develop findings and make recommendations for all of the following: 1.  The entity or agency to be re sponsible for operation of the exchange. 2. Th egovernance structure for the exchange.. Infrastructure, technology, and staffing requirements for the exchange.. Financing for and sustainability of the exchange.. Regulatory roles and responsibilities assigned to the exchange.. Exchange requirements relating to transparency, disclosure, fraud prevention and detection, accountability, and quality.. The nature of the relationships between the exchange and relevant state and federal entities, including oversig ht and interagency coordination.. Standar ds for plans to be sold by the exchange.. Coordination of eligibility determination and enrollment among the exchange and other publicly supported health coverage programs.. Mechanisms and strategies for limiting ad verse selection in the exchange.. Mechanisms and strategies for adding value, promoting competition and choice, a nd cost containment within the exchange.. Outreach to, education of, and support for employers, consumers, and insurers by the exchange..  Changes to state laws and rules necessary for the esta blishment and operation of the exchange. (f) By January 31, 2013, the committee shall report its findings and recommendations concerning the implementation and establishment of the exchange to the executive and legislative br anches. The report must also include recommendations concerning prospective action to be taken by the Legislature as it relat es to the establishment of the exchange in 2012, 2013, and 2014. (g) The committee shall terminate March 31, 2013. Section 2.  This act is null and void if Congress and the President take action to repeal or replace s. 1311,s. 1321, or s. 1323 of the Patient Protection and Affordable Care Act,Pub. L. No. 111-148, as amended.Section 3. This act shall take effect upon becoming a law.