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19.12 Florida Employee Health Care Access Act

The Florida Health Care Access Act allows small businesses to provide group health insurance coverage for its employees on a guarantee-issue basis regardless of health circumstances, preexisting conditions, or claims history. The open enrollment coverage period is August 1 through August 31 year-to-year with an October 1 effective date, unless otherwise agreed to by the parties.

Any high-deductible plan offered must meet the requirements of a health savings account plan as defined in federal law or a health reimbursement arrangement as authorized by the IRS.

(See the Florida study manual, Unit 29, Florida Laws and Rules Pertinent to Health Insurance for more key requirements of the Florida Employee Health Care Access Act.)

A major feature of the Access Act (PORTABILITY) is that once earned, preexisting condition restrictions can be carried from employer to employer. The Act defines a small employer as one who employs 50 or fewer employees and identifies a full-time employee as one who works at least 25 hours per week.