03/17/2008
NFIB's Weekly Legislative Update
This year's session is shaping up to be a busy one. Much of this year's agenda may have an impact on the state's small businesses, and your NFIB/Florida lobbying team in Tallahassee is monitoring the issues to keep you informed. Below is a summary of legislation passing through the House and Senate.
Defibrillators in businesses: SB 564 passed the full Senate. This bill seeks to limit liability to business owners who provide, and persons who utilize, automated external defibrillators. In the House, the companion bill HB 243 has passed the Health Quality Committee, and is awaiting action by the Healthcare Council.
NFIB Position: Support
Health-flex plans: SB 1022 passed the Senate Banking and Insurance Committee. The bill seeks to expand eligibility for Health-Flex Plans by raising the income limitation from 200 to 300 percent of the federal poverty level, and extend the Health-Flex Plan through July 1, 2013. The bill's next stop is the Senate Health and Human Services Committee, the final stop before heading to the Senate floor.
The House Healthcare Council will hear the companion bill, HB 461, this week. If passed, the bill's final stop will be the Policy and Budget Council before heading to the House floor.
Currently pilot programs in Jacksonville, Miami-Dade and Palm Beach County, Health-Flex plans provide low-cost primary and preventative healthcare insurance to small business owners and their employees. Other legislation is seeking to provide this program statewide.
NFIB Position: Support
Health insurance claims payments: SB 1012 passed the Senate Commerce Committee, and now moves to the Senate Health Regulation Committee. The bill would allow a patient to assign payment directly to an out-of-network provider. The bill would require HMOs and PPOs to pay the out-of-network provider directly and pay them the same reimbursement that an in-network provider would have received for the same service.
Supporters contend the bill will provide efficiency, and lower costs, by requiring direct payment to an out-of-network provider rather than sending payment to the patient who may or may not forward the payment to the provider.
Opponents contend that requiring direct payment to out-of-network providers at the same amount provided to in-network providers eliminates incentive for healthcare providers to join a network and provide discounted rates, therefore raising the cost of healthcare.
NFIB Position: NFIB is reassessing our opposed position based on information showing that 21 states have passed similar legislation without evidence that direct payment to out-of-network providers raises costs and insurance premiums.
Gov. Crist's health insurance proposal: SB 2534 will be the vehicle for Gov. Crist's proposal to provide access to low-cost health insurance for Florida's 3.7 million uninsured citizens. The Senate Banking and Insurance Committee will hear the bill this week.
The governor's proposal provides for low-cost primary/preventive care and hospitalization benefits for $150 a month or less. The bill does not impose mandates on employers or citizens to obtain/provide coverage, and utilizes private insurers to provide coverage.
The House will unveil a proposal to provide for a cafeteria-style plan, free of coverage mandates within two weeks, which will be available to citizens and small business owners. Both plans will allow policyholders to keep the policy when changing jobs.
Because the largest segment of the population without health insurance consists of small business owners and their employees, NFIB is supportive of these proposals. However, a major concern exists where the low-cost coverage would only be available to employers and individuals who have not been covered for at least six months. NFIB insists this is unfair to those employers and individuals who are struggling to maintain their current healthcare insurance, and we are addressing this issue with the governor and House leadership.
NFIB Position: Support
Health insurance mandates: Two different bills that would require additional health insurance coverage mandates will be heard this week. The first, SB 164/HB 19 would require mental health and substance abuse coverage to be equal to other illnesses in terms of policy limits. The second, HB 1291 relating to Autism, would require health insurance companies to provide payment for medical and educational related treatments. Currently, most insurance policies provide coverage for medical treatments, but not educational treatments typically funded by state and federal government.
NFIB Position: NFIB opposes all government-imposed coverage mandates due to cost. The number of uninsured small business owners and their employees continues to rise due to skyrocketing premiums. NFIB supports flexibility so businesses and individuals can purchase health insurance that is affordable and meets their needs.
Gun bill: HB 503 passed the Environmental and Natural Resources Council. The bill would prohibit employers from enforcing policies prohibiting employees from keeping firearms in their vehicles on employer property. The House bill now moves to the Policy and Budget Council. The Senate Criminal Justice Committee will hear the companion bill, SB 1130, this week.
NFIB Position: Neutral. NFIB balloting on this issue shows member support of 52-48 percent. NFIB policy requires 70 percent support or opposition to take a position on legislation.
Sincerely,
Allen Douglas
NFIB/Florida Legislative Affairs Director
