The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.65625

627.65625 Prohibiting discrimination against individual participants and beneficiaries based on health status.—

(1) Subject to subsection (2), an insurer that offers a group health insurance policy may not establish rules for eligibility, including continued eligibility, of an individual to enroll under the terms of the policy based on any of the following health-status-related factors in relation to the individual or a dependent of the individual:

(a) Health status.

(b) Medical condition, including physical and mental illnesses.

(d) Receipt of health care.

(e) Medical history.

(f) Genetic information.

(g) Evidence of insurability, including conditions arising out of acts of domestic violence.

(h) Disability.

(2) Subsection (1) does not:

(a) Require an insurer to provide particular benefits other than those provided under the terms of such plan or coverage.

(b) Prevent such a plan or coverage from establishing limitations or restrictions on the amount, level, extent, or nature of the benefits or coverage for similarly situated individuals enrolled in the plan or coverage.

(3) For purposes of subsection (1), rules for eligibility to enroll under a policy include rules for defining any applicable waiting periods of enrollment.

(4)(a) An insurer that offers health insurance coverage may not require any individual, as a condition of enrollment or continued enrollment under the policy, to pay a premium or contribution that is greater than such premium or contribution for a similarly situated individual enrolled under the policy on the basis of any health-status-related factor in relation to the individual or to an individual enrolled under the policy as a dependent of the individual.

(b) This subsection does not:

1. Restrict the amount that an employer may be charged for coverage under a group health insurance policy; or

2. Prevent an insurer that offers group health insurance coverage from establishing premium discounts or rebates or modifying otherwise applicable copayments or deductibles in return for adherence to programs of health promotion and disease prevention.

History.—s. 10, ch. 97-179.

F.S. 627.65625 on Google Scholar

F.S. 627.65625 on Casetext

Amendments to 627.65625

Arrestable Offenses / Crimes under Fla. Stat. 627.65625

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.65625.

Annotations, Discussions, Cases:

Cases from cite.case.law:

J. FRIEDMAN, v. NEW YORK LIFE INSURANCE COMPANY, a, 985 So. 2d 56 (Fla. Dist. Ct. App. 2008)

. . . discriminated by increasing premium rates based on claimants’ history/health status in violation of section 627.65625 . . .

AMERICAN MEDICAL SECURITY, INC. v. EXECUTIVE RISK SPECIALTY INSURANCE COMPANY,, 393 F. Supp. 2d 693 (E.D. Wis. 2005)

. . . . § 627.65625, “which prohibits discrimination against individual participants and beneficiaries based . . . Stat. § 627.65625. . The court referred to this as "tier rating." . . .

J. FRIEDMAN, v. NEW YORK LIFE INS. CO., 410 F.3d 1350 (11th Cir. 2005)

. . . Friedman asserts that New York Life has violated Fla.Code § 627.65625, which provides in relevant part . . .

FREEDOM LIFE INSURANCE COMPANY OF AMERICA, a v. WALLANT, 891 So. 2d 1109 (Fla. Dist. Ct. App. 2004)

. . . complaint, the representatives alleged breach of contract, based on Florida Statutes sections 627.6515 and 627.65625 . . .