Florida Senate - 2015                                    SB 1498
       
       
        
       By Senator Soto
       
       
       
       
       
       14-01193B-15                                          20151498__
    1                        A bill to be entitled                      
    2         An act relating to health insurance exchanges;
    3         providing a short title; creating s. 641.81, F.S.;
    4         providing legislative findings and intent; defining
    5         terms; requiring the Agency for Health Care
    6         Administration to establish the Florida Health Access
    7         Marketplace; requiring the agency to establish the
    8         Small Business Health Options Program (SHOP);
    9         providing contracting and rulemaking authority;
   10         authorizing the marketplace to contract with certain
   11         entities; defining “eligible entity”; authorizing the
   12         agency to adopt rules; providing for information
   13         sharing and confidentiality; providing for insurance
   14         coverage availability; providing for the
   15         responsibilities and duties of the marketplace;
   16         providing for health benefit plan certification;
   17         requiring the marketplace to certify certain health
   18         benefit plans; providing a contingent effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. This act may be cited as the “Florida Health
   23  Access Marketplace Act.
   24         Section 2. Section 641.81, Florida Statutes, is created to
   25  read:
   26         641.81 Florida Health Access Marketplace.—
   27         (1) INTENT.—The Legislature finds that a historically
   28  significant proportion of the residents of this state have been
   29  unable to obtain affordable health insurance coverage. The
   30  Legislature also finds that increasing access to affordable,
   31  quality health care is beneficial to the health and well-being
   32  of all of the state’s residents, is necessary for the state’s
   33  economic vitality, and provides a substantial boost to the
   34  business activity of the state. The Legislature recognizes that
   35  more than 1.6 million hardworking residents of this state
   36  purchased health insurance for 2015 on the Affordable Care Act
   37  federal health insurance exchange. The Legislature also
   38  recognizes that 93 percent, or nearly all, of those residents
   39  received tax credits that averaged $297 per person each month.
   40  The Legislature finds that the United States Supreme Court is
   41  scheduled to render a decision that may affect the availability
   42  of those tax credits to residents of this state after the end of
   43  Florida’s 2015 Regular Session. The Legislature also finds that
   44  the Court may decide that only those individuals who buy health
   45  insurance policies on state-based exchanges are eligible for the
   46  federal tax credits. The Legislature recognizes that should the
   47  Court issue such a ruling, more than 1 million residents of this
   48  state could be at substantial risk of losing their access to
   49  affordable health care and the economy of this state may lose an
   50  estimated $4.75 billion in subsidy spending, when the loss of
   51  both premium tax credits and cost-sharing assistance are
   52  considered. Therefore, in order to preserve the ability of
   53  residents of this state to qualify for the federal tax credits
   54  and in order to keep those tax credits operative in the state’s
   55  economy and available to residents of this state in need of
   56  affordable health insurance, it is the intent of the
   57  Legislature, contingent upon a ruling by the United States
   58  Supreme Court that only state-based exchange policy purchasers
   59  are eligible for federal tax credits and subsidies, to establish
   60  a state-based health insurance exchange, pursuant to s. 1311 of
   61  the Affordable Care Act.
   62         (2) DEFINITIONS.—As used in this section, the term:
   63         (a) “Affordable Care Act” means the federal Patient
   64  Protection and Affordable Care Act, Pub. L. No. 111-148.
   65         (b) “Agency” means the Agency for Health Care
   66  Administration.
   67         (c) “Health benefit plan” means a policy, contract,
   68  certificate, or agreement offered or issued by a health carrier
   69  to provide, deliver, arrange for, pay for, or reimburse any of
   70  the costs of health care services. The term “health benefit
   71  plan” does not include:
   72         1. Coverage only for accident or disability income
   73  insurance or any combination of accident or disability income
   74  insurance.
   75         2. Coverage issued as a supplement to liability insurance.
   76         3. Liability insurance, including general liability
   77  insurance and automobile liability insurance.
   78         4. Workers’ compensation or similar insurance.
   79         5. Automobile medical payment insurance.
   80         6. Credit-only insurance.
   81         7. Coverage for on-site medical clinics.
   82         8. Insurance coverage as specified in federal regulations
   83  issued pursuant to the federal Health Insurance Portability and
   84  Accountability Act of 1996, Pub. L. No. 104-191 (HIPAA of 1996),
   85  under which benefits for health care services are secondary or
   86  incidental to other insurance benefits.
   87         9. The following benefits, if they are provided under a
   88  separate policy, certificate, or contract of insurance or are
   89  otherwise not an integral part of the plan:
   90         a. Limited scope dental or vision benefits.
   91         b. Benefits for long-term care, nursing home care, home
   92  health care, community-based care or any combination of those
   93  benefits.
   94         c. Limited benefits as specified in federal regulations
   95  issued pursuant to the federal HIPAA of 1996.
   96         d. Coverage only for a specified disease or illness.
   97         e. Hospital indemnity or other fixed indemnity insurance.
   98         f. Medicare supplemental health insurance policies as
   99  defined under the Social Security Act, 42 U.S.C. s. 1882(g)(1),
  100  whether provided individually or under a group health plan.
  101         g. Coverage supplemental to the coverage provided under 10
  102  U.S.C. ch. 55, whether provided individually or under a group
  103  health plan.
  104         (d) “Health carrier” or “carrier” means:
  105         1. An insurance company licensed in accordance with the
  106  Florida Insurance Code to provide health insurance.
  107         2. A health maintenance organization licensed pursuant to
  108  the Florida Insurance Code.
  109         3. A preferred provider administrator registered under the
  110  Florida Insurance Code.
  111         4. A nonprofit hospital or medical service organization or
  112  health benefit plan licensed pursuant to Title XXIX or the
  113  Florida Insurance Code.
  114         (e) “Marketplace” means the Florida Health Access
  115  Marketplace established in this section pursuant to s. 1311 of
  116  the Affordable Care Act.
  117         (f) “Qualified employer” means a small employer that elects
  118  to make its full-time employees and, at the option of the
  119  employer, some or all of its part-time employees eligible for
  120  one or more qualified health plans or qualified stand-alone
  121  dental benefit plans offered through the SHOP exchange and that:
  122         1. Has its principal place of business in this state and
  123  elects to provide coverage through the SHOP exchange to all of
  124  its eligible employees, wherever employed; or
  125         2. Elects to provide coverage through the SHOP exchange to
  126  all of its eligible employees who are principally employed in
  127  this state.
  128         (g) “Qualified health plan” means a health benefit plan
  129  that has in effect a certification that the plan meets the
  130  criteria for certification described in this section and s.
  131  1311(c) of the Affordable Care Act.
  132         (h) “Qualified individual” means an individual, including a
  133  minor, who:
  134         1. Is seeking to enroll in a qualified health plan or
  135  qualified stand-alone dental benefit plan offered to individuals
  136  through the marketplace;
  137         2. Resides in this state within the meaning of the
  138  Affordable Care Act;
  139         3. At the time of enrollment, is not incarcerated, other
  140  than incarceration pending the disposition of charges; and
  141         4. Is, and is reasonably expected to be, for the entire
  142  period for which enrollment is sought, a citizen or national of
  143  the United States or an alien lawfully present in the United
  144  States.
  145         (i) “Qualified stand-alone dental benefit plan” means a
  146  stand-alone dental benefit plan that has been certified in
  147  accordance with subsection (8).
  148         (j) “SHOP exchange” means the Small Business Health Options
  149  Program established pursuant to subsection (3).
  150         (k) “Small employer” means an employer that employed an
  151  average of not more than 100 employees during the preceding
  152  calendar year. For purposes of this paragraph:
  153         1. All persons treated as a single employer under the
  154  Internal Revenue Code, 26 U.S.C. s. 414(b), (c), (m) or (o),
  155  must be treated as a single employer.
  156         2. A successor employer and a predecessor employer, under
  157  the Internal Revenue Code, 26 U.S.C. s. 414, must be treated as
  158  a single employer.
  159         3. All employees must be counted, including part-time
  160  employees and employees who are not eligible for coverage
  161  through the employer.
  162         4. If an employer was not in existence throughout the
  163  preceding calendar year, the determination of whether that
  164  employer is a small employer must be based on the average number
  165  of employees reasonably expected to be employed by that employer
  166  on business days in the current calendar year.
  167         5. An employer that makes enrollment in qualified health
  168  plans or qualified stand-alone dental benefit plans available to
  169  its employees through the SHOP exchange, and, in a subsequent
  170  calendar year, would cease to be a small employer by reason of
  171  an increase in the number of its employees, must continue to be
  172  treated as a small employer for purposes of this section as long
  173  as the employer continuously makes enrollment through the SHOP
  174  exchange available to its employees.
  175         (l) “Stand-alone dental benefit plan” means a policy,
  176  contract, certificate, or agreement offered or issued by a
  177  carrier to provide, deliver, arrange for, pay for, or reimburse
  178  any of the costs of limited scope dental benefits meeting the
  179  requirements of s. 9832(c)(2)(A) of the Internal Revenue Code of
  180  1986.
  181         (3) MARKETPLACE ESTABLISHED; PURPOSES.The agency shall
  182  establish the Florida Health Access Marketplace to function as a
  183  health insurance exchange, pursuant to the Affordable Care Act,
  184  to facilitate the purchase and sale of qualified health plans
  185  and qualified stand-alone dental benefit plans in the individual
  186  market in this state and to provide for the establishment of a
  187  Small Business Health Options Program to assist qualified
  188  employers in this state in facilitating the enrollment of their
  189  employees in qualified health plans and qualified stand-alone
  190  dental benefit plans offered in the small group market. The
  191  purpose of the marketplace is to reduce the number of uninsured
  192  individuals, provide a transparent marketplace and consumer
  193  education, and assist individuals with access to programs,
  194  premium tax credits, and cost-sharing reductions. It is also the
  195  purpose of the marketplace to maximize the receipt of federal
  196  funds, including those available pursuant to the Affordable Care
  197  Act.
  198         (4) CONTRACTING AND RULEMAKING AUTHORITY.—The marketplace
  199  may contract with an eligible entity for any of its functions as
  200  described in this section. For the purposes of this subsection,
  201  “eligible entity” includes, but is not limited to, any program
  202  or entity, public or private, that has experience in individual
  203  and small group health insurance or benefit administration or
  204  other experience relevant to the services needed to carry out
  205  the purposes of this section, except that a health carrier or
  206  the affiliate of a health carrier is not an eligible entity. The
  207  agency may adopt rules as necessary for the proper
  208  administration and enforcement of this section under the Florida
  209  Administrative Procedure Act.
  210         (5) INFORMATION SHARING; CONFIDENTIALITY.The marketplace
  211  may enter into information-sharing agreements with federal and
  212  state agencies and other states’ exchanges to carry out its
  213  responsibilities under this section. Such agreements must
  214  include adequate protections with respect to the confidentiality
  215  of the information to be shared and comply with all state and
  216  federal laws, rules and regulations.
  217         (6) AVAILABILITY OF COVERAGE.—
  218         (a) The marketplace shall make qualified health plans and
  219  qualified stand-alone dental benefit plans available to
  220  qualified individuals and qualified employers no later than
  221  January 1, 2017. The marketplace may enroll qualified
  222  individuals and qualified employers beginning on or after
  223  September 1, 2016.
  224         (b) The marketplace may not make available any health
  225  benefit plan that is not a qualified health plan or any stand
  226  alone dental benefit plan that is not a qualified stand-alone
  227  dental benefit plan.
  228         (c) The marketplace shall allow a health carrier to offer a
  229  qualified stand-alone dental benefit plan through the
  230  marketplace, either separately or in conjunction with a
  231  qualified health plan, if the plan provides pediatric dental
  232  benefits meeting the requirements of s. 1302(b)(1)(J) of the
  233  Affordable Care Act. This paragraph does not prohibit a carrier
  234  from offering other dental benefit plans consistent with the
  235  requirements of subsection (8) of this section.
  236         (d) The marketplace or a carrier offering qualified health
  237  plans or qualified stand-alone dental benefit plans through the
  238  marketplace may not charge an individual a fee or penalty for
  239  termination of coverage if the individual enrolls in another
  240  type of minimum essential coverage because the individual has
  241  become newly eligible for that coverage or because the
  242  individual’s employer-sponsored coverage has become affordable
  243  under the standards of s. 1401 of the Affordable Care Act.
  244         (e) The agency may standardize qualified health plans to be
  245  offered through the marketplace.
  246         (7) DUTIES AND RESPONSIBILITIES OF THE MARKETPLACE.—The
  247  marketplace shall:
  248         (a) Implement procedures, consistent with guidelines
  249  developed under this section and s. 1311(c) of the Affordable
  250  Care Act, for the certification, recertification, and
  251  decertification of health benefit plans as qualified health
  252  plans and of stand-alone dental benefit plans as qualified
  253  stand-alone dental benefit plans.
  254         (b) Provide for the operation of a toll-free telephone
  255  hotline to respond to requests for assistance, which includes
  256  the opportunity for live customer service.
  257         (c) Make available enrollment periods as provided under s.
  258  1311(c)(6) of the Affordable Care Act.
  259         (d) Maintain a publicly accessible website through which
  260  enrollees and prospective enrollees of qualified health plans
  261  and qualified stand-alone dental benefit plans may obtain
  262  standardized comparative information on such plans.
  263         (e) Assign a rating to each qualified health plan offered
  264  through the marketplace in accordance with the rating system
  265  developed under s. 1311(c)(3) of the Affordable Care Act and
  266  determine each qualified health plan’s level of coverage in
  267  accordance with regulations issued under s. 1302(d)(2)(A) of the
  268  Affordable Care Act.
  269         (f) Use a standardized format for presenting health and
  270  dental benefit options in the marketplace, including the use of
  271  the uniform outline of coverage established under the Public
  272  Health Service Act, 42 U.S.C. s. 300gg-15 (2010).
  273         (g) In accordance with s. 1413 of the Affordable Care Act,
  274  inform individuals of eligibility requirements for the Medicaid
  275  program under Title XIX of the United States Social Security
  276  Act, the State Children’s Health Insurance Program under Title
  277  XXI of the United States Social Security Act, or under any
  278  applicable state or local public program and if, through
  279  screening of an application by the marketplace, the marketplace
  280  determines that an individual is eligible for any such program,
  281  enroll the individual in that program.
  282         (h) Determine the criteria and process for eligibility,
  283  enrollment, and disenrollment of enrollees and potential
  284  enrollees in the marketplace and coordinate that process with
  285  the state and local government entities administering other
  286  health care coverage programs, in order to ensure consistent
  287  eligibility and enrollment processes and seamless transitions
  288  between coverages. To the extent possible, the agency shall
  289  encourage the use of existing infrastructure and capacity from
  290  other state agencies.
  291         (i) Determine the minimum requirements a carrier must meet
  292  to be considered for participation in the marketplace and the
  293  standards and criteria for selecting qualified health plans to
  294  be offered through the marketplace which are in the best
  295  interests of qualified individuals and qualified employers. The
  296  agency shall consistently and uniformly apply these
  297  requirements, standards, and criteria to all carriers offering
  298  qualified health plans through the marketplace and, if relevant,
  299  shall apply those requirements, standards, and criteria to
  300  carriers offering qualified stand-alone dental benefit plans or
  301  other dental benefit plans through the marketplace. In the
  302  course of selectively contracting for health care coverage
  303  offered to qualified individuals and qualified employers through
  304  the marketplace, the agency shall seek to contract with carriers
  305  so as to provide health care coverage choices that offer the
  306  optimal combination of choice, value, quality and service. In
  307  its evaluation of the quality of health care coverage offered by
  308  a carrier, the agency shall consider comparative health care
  309  quality information and assessments.
  310         (j) Provide, in each region of the state, a choice of
  311  qualified health plans at each of the levels of coverage
  312  contained in s. 1302(d) and (e) of the Affordable Care Act.
  313         (k) Require, as a condition of participation in the
  314  marketplace, carriers to fairly and affirmatively offer, market,
  315  and sell in the marketplace at least one product within each of
  316  the levels of coverage contained in s. 1302(d) and (e) of the
  317  Affordable Care Act. The agency may require carriers to offer
  318  additional products within each of the levels of coverage. This
  319  paragraph does not apply to a carrier that solely offers
  320  supplemental coverage in the marketplace or that solely offers a
  321  qualified stand-alone dental benefit plan.
  322         (l) Require, as a condition of participation in the
  323  marketplace, carriers selling products outside the marketplace
  324  to fairly and affirmatively offer, market, and sell all products
  325  made available to individuals and small employers in the
  326  marketplace to individuals and small employers, respectively,
  327  purchasing coverage outside the marketplace.
  328         (m) Establish and make available by electronic means and by
  329  a toll-free telephone number a calculator to determine the
  330  actual cost of coverage after application of any premium tax
  331  credit under s. 1401 of the Affordable Care Act or any cost
  332  sharing reduction under s. 1402 of the Affordable Care Act.
  333         (n) Establish a SHOP exchange through which qualified
  334  employers may access coverage for their employees, enabling any
  335  qualified employer to specify a level of coverage or amount of
  336  contribution toward coverage so that any of its employees may
  337  enroll in any qualified health plan or qualified stand-alone
  338  dental benefit plan offered through the SHOP exchange at the
  339  specified level of coverage.
  340         (o) Perform duties related to determining eligibility for
  341  premium tax credits, reduced cost sharing, and individual
  342  responsibility requirement exemptions.
  343         (p) Review the rate of premium growth within the
  344  marketplace and outside the marketplace and consider the
  345  information in developing recommendations on whether to continue
  346  limiting qualified employer status to small employers.
  347         (q) Credit the amount of any free choice voucher to the
  348  monthly premium of the health benefit plan in which an employee
  349  is enrolled, in accordance with s. 10108 of the Affordable Care
  350  Act, and collect the amount credited from the offering qualified
  351  employer.
  352         (r) Report on the operation of the marketplace, beginning
  353  January 1, 2018, and annually thereafter, to the Governor, the
  354  Chief Financial Officer, the President of the Senate, the
  355  Speaker of the House of Representatives, and the standing
  356  committees of the Senate and the House of Representatives having
  357  jurisdiction over appropriations and financial affairs,
  358  insurance and financial services matters, and health and human
  359  services matters. The report must include an accurate accounting
  360  of all activities, receipts and expenditures of the marketplace.
  361         (8)HEALTH BENEFIT PLAN CERTIFICATION.—
  362         (a) The marketplace shall certify a health benefit plan as
  363  a qualified health plan if:
  364         1. The health benefit plan provides the essential health
  365  benefits package described in s. 1302(a) of the Affordable Care
  366  Act, except that the plan is not required to provide essential
  367  benefits that duplicate the minimum benefits of qualified stand
  368  alone dental benefit plans, as provided in paragraph (e), if:
  369         a. The marketplace has determined that at least one
  370  qualified stand-alone dental benefit plan is available to
  371  supplement the plan’s coverage; and
  372         b. The carrier makes prominent disclosure at the time it
  373  offers the plan, in a form approved by the marketplace, that the
  374  plan does not provide the full range of essential pediatric
  375  dental benefits and that qualified stand-alone dental benefit
  376  plans providing those benefits and other dental benefits not
  377  covered by the plan are offered through the marketplace;
  378         2. The premium rates and contract language have been
  379  approved by the agency;
  380         3. The health benefit plan provides at least a bronze level
  381  of coverage, as determined pursuant to s. 1302(d)(1)(A) of the
  382  Affordable Care Act for catastrophic plans, and will be offered
  383  only to individuals eligible for catastrophic coverage;
  384         4. The health benefit plan’s cost-sharing requirements do
  385  not exceed the limits established under s. 1302(c)(1) of the
  386  Affordable Care Act and, if the plan is offered through the SHOP
  387  exchange, the plan’s deductible does not exceed the limits
  388  established under s. 1302(c)(2) of the Affordable Care Act;
  389         5. The health carrier offering the health benefit plan:
  390         a. Is licensed and in good standing to offer health
  391  insurance coverage in this state;
  392         b. Offers at least one qualified health plan in the silver
  393  level and at least one plan in the gold level as described in s.
  394  1302(d)(1)(B) and (d)(1)(C) of the Affordable Care Act,
  395  respectively, through each component of the marketplace in which
  396  the carrier participates. As used in this sub-subparagraph,
  397  “component” means the SHOP exchange and the marketplace;
  398         c. Offers at least one qualified health plan that provides
  399  the essential health benefits package described in s. 1302(a) of
  400  the Affordable Care Act without benefits that duplicate the
  401  minimum dental benefits of stand-alone dental benefit plans, if
  402  the marketplace has determined that at least one qualified
  403  stand-alone dental benefit plan is available through the
  404  marketplace to supplement the qualified health plan’s coverage;
  405         d. Charges the same premium rate for each qualified health
  406  plan without regard to whether the plan is offered through the
  407  marketplace and without regard to whether the plan is offered
  408  directly from the carrier or through an insurance producer;
  409         e. As required by subsection (6), does not charge any fees
  410  or penalties for termination of coverage; and
  411         f. Complies with the regulations developed under s. 1311(c)
  412  of the Affordable Care Act and such other requirements as the
  413  marketplace may establish;
  414         6. The health benefit plan meets the requirements of
  415  certification as adopted by agency rules and by regulations
  416  adopted under s. 1311(c) of the Affordable Care Act, which
  417  include, but are not limited to, minimum standards in the areas
  418  of marketing practices, network adequacy, essential community
  419  providers in underserved areas, accreditation, quality
  420  improvement, uniform enrollment forms, and descriptions of
  421  coverage and information on quality measures for health benefit
  422  plan performance; and
  423         7. The agency determines that making the health benefit
  424  plan available through the marketplace is in the interest of
  425  qualified individuals and qualified employers.
  426         (b) The marketplace may not exclude a health benefit plan:
  427         1. On the basis that the health benefit plan is a fee-for
  428  service plan;
  429         2. Through the imposition of premium price controls by the
  430  marketplace; or
  431         3. On the basis that the health benefit plan provides
  432  treatments necessary to prevent patients’ deaths in
  433  circumstances in which the marketplace determines the treatments
  434  are inappropriate or too costly.
  435         (c) The marketplace shall require each health carrier
  436  seeking certification of a health benefit plan as a qualified
  437  health plan to:
  438         1. Submit a justification for any premium rate increase
  439  before implementation of that increase. The carrier shall
  440  prominently post the information concerning the justification on
  441  its publicly accessible website. The marketplace shall take this
  442  information, along with the information and the recommendations
  443  provided to the marketplace under the Public Health Service Act,
  444  42 U.S.C. s. 300gg-94 (2010), into consideration when
  445  determining whether to allow the carrier to make health benefit
  446  plans available through the marketplace.
  447         2. Make available to the public and submit to the
  448  marketplace accurate, transparent, and timely disclosure of the
  449  following:
  450         a. Claims payment policies and practices.
  451         b. Periodic financial disclosures.
  452         c. Data on enrollment.
  453         d. Data on disenrollment.
  454         e. Data on the number of claims that are denied.
  455         f. Data on rating practices.
  456         g. Information on cost sharing and payments with respect to
  457  any out-of-network coverage.
  458         h. Information on enrollee and participant rights under
  459  Title I of the Affordable Care Act.
  460  
  461  The information required in this subparagraph must be provided
  462  in plain language, as that term is defined in s. 1311(e)(3)(B)
  463  of the Affordable Care Act.
  464         3. Make available to an individual, in a timely manner upon
  465  the request of the individual, the amount of cost sharing,
  466  including deductibles, copayments, and coinsurance, under the
  467  individual’s plan or coverage that the individual would be
  468  responsible for paying with respect to the furnishing of a
  469  specific item or service by a participating provider. At a
  470  minimum, this information must be made available to the
  471  individual through a publicly accessible website and through
  472  other means for an individual without access to the Internet.
  473         4. Make a separate disclosure of the price of pediatric
  474  dental benefits if the plan provides a comprehensive essential
  475  health benefits package described in s. 1302(a) of the
  476  Affordable Care Act, as long as the carrier is not required to
  477  offer the pediatric dental benefit for sale on the marketplace
  478  on a stand-alone basis.
  479         (d) The marketplace may not exempt any health carrier
  480  seeking certification of a qualified health plan, regardless of
  481  the type or size of the carrier, from state licensure or
  482  solvency requirements.
  483         (e) The provisions of this section that are applicable to
  484  qualified health plans also apply to the extent relevant to
  485  qualified stand-alone dental benefit plans except as provided in
  486  this paragraph or by rules adopted by the marketplace.
  487         1. The marketplace may certify a stand-alone dental benefit
  488  plan as a qualified stand-alone dental benefit plan if the
  489  carrier offering the plan:
  490         a. Is licensed and in good standing to offer dental
  491  coverage in this state. The carrier need not be licensed to
  492  offer other health benefits;
  493         b. Offers at least one stand-alone dental benefit plan that
  494  includes only the essential pediatric dental benefit requirement
  495  of s. 1302(b)(1)(J) of the Affordable Care Act, as long as this
  496  requirement does not limit a carrier from providing other stand
  497  alone dental benefit plans that are certified by the
  498  marketplace;
  499         c. Charges the same premium rate for each stand-alone
  500  dental benefit plan without regard to whether the plan is
  501  offered through the marketplace and without regard to whether
  502  the plan is offered directly from the carrier or through an
  503  insurance producer;
  504         d. Submits the premium rates and contract language to the
  505  agency for approval;
  506         e. As required by subsection (6), does not charge any fees
  507  or penalties for termination of coverage; and
  508         f. Complies with any requirements adopted under s. 1311(d)
  509  of the Affordable Care Act and any rules adopted by the
  510  marketplace pursuant to this section.
  511         2. The qualified stand-alone dental benefit plan must be
  512  limited to dental and oral health benefits, without
  513  substantially duplicating the benefits typically offered by
  514  health benefit plans without dental coverage, and must meet the
  515  requirements for essential pediatric dental benefits prescribed
  516  pursuant to s. 1302(b)(1)(J) of the Affordable Care Act and such
  517  other dental benefits as may be specified by rule or regulation.
  518         3. Carriers may jointly offer a comprehensive plan through
  519  the marketplace in which the dental benefits are provided by a
  520  carrier through a qualified stand-alone dental benefit plan and
  521  the other benefits are provided by a carrier through a qualified
  522  health plan, if the plans are priced separately and are also
  523  made available for purchase separately at the same prices.
  524         4. The marketplace may not exclude a stand-alone dental
  525  benefit plan on the basis that the plan is a fee-for-service
  526  plan or through the imposition of premium price controls by the
  527  marketplace.
  528         (f) In addition to the certification of a qualified stand
  529  alone dental benefit plan pursuant to this subsection, the
  530  marketplace may certify other stand-alone dental benefit plans,
  531  either as part of a qualified health plan or separately, in
  532  accordance with this subsection and any rules adopted by the
  533  marketplace.
  534  
  535  The marketplace shall apply the criteria of this subsection in a
  536  manner that ensures fairness between or among health carriers
  537  participating in the marketplace.
  538         Section 3. This act shall take effect October 1, 2015, if,
  539  before that date, the United States Supreme Court rules in King
  540  v. Burwell, Docket Number 14-114, that it is impermissible under
  541  the Patient Protection and Affordable Care Act, 42 U.S.C. s.
  542  1321, for individuals who purchase coverage through exchanges
  543  established by the Federal Government to obtain federal tax
  544  credit subsidies or benefits or that individuals who purchase
  545  coverage through exchanges established by state governments are
  546  the only individuals eligible for federal tax credit subsidies
  547  or benefits under the Patient Protection and Affordable Care
  548  Act, 42 U.S.C. s. 1321. If the Supreme Court does not enter such
  549  a ruling before that date, or rules in King v. Burwell that such
  550  subsidies or benefits are available to individuals who purchase
  551  coverage through exchanges established by the Federal
  552  Government, this act shall not take effect.