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Associations, Boards and Councils

The Office of Insurance Regulation (Office) is active in many insurance-related Associations, Boards, Councils and other entities. Below you will find a brief description of each one, the Office's involvement, and links to more information.

Associations/Corporations

Citizens Property Insurance Corporation

Citizen's Property Insurance Corporation (Citizens) is a not-for-profit, tax-exempt government corporation whose public purpose is to provide insurance protection to Florida property owners throughout the state. The corporation insures homes, businesses and condominiums whose owners otherwise might not be able to find coverage in the private market.

Citizens Plan of Operation is approved by the Financial Services Commission (comprised of the Governor, the Chief Financial Officer, the Attorney General, and the Agriculture Commissioner).

Section 627.351(6), Florida Statutes

 

Citizens Market Accountability Advisory Committee

The Citizens Market Accountability Advisory Committee (Committee) was created to assist the Citizens Board in developing awareness of its rates and its customer and agent service levels in relationship to private market insurers writing similar coverage.

The Office of Insurance Regulation serves as a member of this Committee.

Section 627.351(6)(c)4.b, Florida Statutes

 

Citizens Mission Review Task Force

The Citizens Property Insurance Corporation Mission Review Task Force (Task Force) was created to analyze and compile available data and to develop a report setting forth the statutory and operational changes needed to return Citizens to its former role as a state-created, noncompetitive residual market entity that provides property insurance coverage to risks that are otherwise entitled, but unable to obtain such coverage in the private insurance market. The Task Force dissolved after submitting its final report to the Governor and Legislature in January 2009.

Citizens Mission Review Task Force Final Report

The Office of Insurance Regulation served as a member of this Task Force.

Senate Bill 2860 created this Task Force.

 

Citizens Property Insurance Task Force on Claims Handling and Resolution

During the January 2007 Special Session, the Legislature passed House Bill 1A which created the Citizens Property Insurance Task Force on Claims Handling and Resolution Task Force. The Task Force was charged with, among other things, providing a report containing actions Citizens should use to dispose of the claims remaining open from the 2004 and 2005 hurricane seasons.

The Task Force expired after issuing its final report in June 2008.

House Bill 1A (Section 38) - 2007

 

Florida Automobile Joint Underwriting Association

The Florida Automobile Joint Underwriting Association (FAJUA) was created in 1973 for the purpose of establishing and carrying out a program for providing automobile insurance to qualified applicants unable to purchase such insurance in the private market.

Section 627.311(4), Florida Statutes

 

Florida Birth-Related Neurological Injury Compensation Association

The Florida Birth-Related Neurological Injury Compensation Association (NICA) was created in 1988. NICA manages the Florida Birth Related Neurological Injury Compensation Plan (Plan) used to pay for the care of infants born with certain neurological injuries. This Plan is available to eligible families statewide without litigation. By eliminating costly legal proceedings, and through professional management of its disbursements, NICA ensures that birth-injured infants receive the care they need while reducing the financial burden on medical providers and families.

The Office of Insurance Regulation annually approves the NICA's Plan of Operation.

Section 766.303, Florida Statutes

 

Florida Comprehensive Health Association

The Florida Comprehensive Health Association (FCHA) is a high-risk health insurance pool that provides coverage to Florida residents unable to find adequate health insurance coverage in the private market due to pre-existing conditions or their mental or physical status. The FCHA has been closed to new enrollment since 1991 and all policies have been cancelled as of June 30, 2014. The FCHA is in the process of phasing out the administrative operations; to be complete August 31, 2015.

The Office of Insurance Regulation annually approves the FCHA's Plan of Operation.

Section 627.6488, Florida Statutes

For more information call (850) 309-1200

 

Florida Insurance Guaranty Association

The Florida Insurance Guaranty Association (FIGA) was created in 1970 to establish and maintain an operation for processing covered claims by or against Florida policyholders of member insurance companies which become insolvent and are ordered liquidated by a court. FIGA's membership is composed of all Florida licensed direct writers of property or casualty insurance.

The Department of Financial Services approves FIGA's Plan of Operation.

Section 631.50, Florida Statutes

 

Florida Life and Health Insurance Guaranty Association

The Florida Life and Health Insurance Guaranty Association (FLAHIGA) was created in 1979 and is composed of all insurers licensed to sell direct life insurance, accident and health insurance, and certain annuities in Florida. In the event that a member insurer is found to be insolvent and is ordered to be liquidated by a court, FLAHIGA is able to provide protection to Florida residents who have life and health insurance policies and certain annuities with an insolvent insurer.

The Department of Financial Services approves FLAHIGA's Plan of Operation.

Section 631.715, Florida Statutes

 

Florida Medical Malpractice Joint Underwriting Association

The Florida Medical Malpractice Joint Underwriting Association (FMMJUA) is a state-authorized insurance plan for medical malpractice coverage. The FMMJUA provides professional liability insurance coverage in Florida for health care providers (e.g., individual physicians, surgeons, dentists, nurses, physician partnerships or corporations, hospitals, medical facilities, etc.) that cannot find coverage in the private market.

The Office of Insurance Regulation annually approves the FMMJUA's Plan of Operation.

Section 627.351, Florida Statutes

 

Florida Workers' Compensation Joint Underwriting Association

The Florida Workers' Compensation Joint Underwriting Association (FWCJUA) was created in 1993 to provide workers' compensation insurance to Florida employers who are required by law to maintain such insurance, but are unable to obtain coverage in the private marketplace.

The Office of Insurance Regulation annually approves the FWCJUA's Plan of Operation.

Section 627.311, Florida Statutes

 

Councils/Commissions/Boards

Continuing Care Advisory Council

The Continuing Care Advisory Council (Council) acts in an advisory capacity to the Office of Insurance Regulation (Office). The Council recommends to the Office any changes in statutes and rules pertaining to Continuing Care Retirement Communities. Additionally, upon the request of the Office, the Council assists with any corrective action, rehabilitation or cessation of business plan for a provider.

The Office monitors Council meetings. Click here for more information on Continuing Care Retirement Communities in Florida.

 

Financial Services Commission

In 2003, the Florida Legislature placed the regulation of banking, securities and insurance under two appointed officials who are selected by the Financial Services Commission (FSC). The FSC, which comprises the Governor and Cabinet, appoints the Commissioner of the Office of Insurance Regulation (Office). The Office is administratively housed in the Department of Financial Services, but reports directly to the FSC.


Commissioner McCarty presents the following to the FSC: proposed administrative rules, performance measures, and other items pertaining to the regulation, compliance and enforcement of statutes related to the business of insurance.

For more information, visit the Office's Cabinet Affairs page.

Section 20.121,(3)(a)1, Florida Statutes

 

Florida Commission on Hurricane Loss Projection Methodology

The Florida Commission on Hurricane Loss Projection Methodology (Commission) was created in 1995 to serve as an independent panel of experts to evaluate computer models and other recently developed or improved actuarial methodologies for projecting hurricane losses.

The Office of Insurance Regulation serves as a member of this Commission.

Section 627.0628, Florida Statutes

 

Florida Health Insurance Advisory Board

The Florida Health Insurance Advisory Board (FHIAB) was established by the Florida Legislature in 1992 as the Small Employer Health Reinsurance Program. Its purpose was to promote the availability of health care coverage to small employers. At that time, FHIAB members were primarily representatives of health insurers licensed under Chapter 624 or 641 of the Florida Statutes. In 2005, the Legislature expanded the composition of the Board to include representatives of employers, an individual policyholder and a representative from the Agency for Health Care Administration (AHCA). The FHIAB's responsibilities also were expanded to include an advisory role on health insurance issues to the Office of Insurance Regulation, AHCA, the Department of Financial Services, other executive departments and the Legislature. As a part of that responsibility, the FHIAB is also required to issue an annual report on the state of the health insurance market in Florida. The report provides enrollment and premium data for Florida's commercial health insurance markets and statistical information on the demographics and rates of insurance coverage for Florida's employers.

Insurance Commissioner Kevin McCarty is chairman of the FHIAB.

Section 627.6699(11), Florida Statutes

 

Florida KidCare Coordinating Council

The Florida KidCare Coordinating Council (Council) is responsible for making recommendations concerning the implementation and operation of the Florida KidCare Program.

 

Florida KidCare Childrens Health Insurance Program (CHIP)

Florida KidCare, offers health insurance for children from birth through age 18, even if one or both parents are working. It includes four different parts:

  • MEDIKIDS: children ages 1 through 4.
  • HEALTHY KIDS: children ages 5 through 18.
  • CHILDREN'S MEDICAL SERVICES NETWORK: children birth through 18 who have special health care needs.
  • MEDICAID: children birth through 18. Children are placed in the different programs based on their age and their family income.

The Office of Insurance Regulation serves as a member of the Council.

Section 409.818(2)(b), Florida Statutes

 

Medicaid Reform - Low Income Pool Council

The Low Income Pool (LIP) was established to ensure continued government support for the provision of health care services to Medicaid, underinsured and uninsured populations. The Medicaid Reform Low Income Pool Council (LIP Council) is charged with advising the Agency for Health Care Administration on the development of the LIP plan required by the Federal Centers for Medicare and Medicaid Services, pursuant to the Medicaid reform waiver, on the distribution of hospital funds used to adjust inpatient hospital rates, rebase rates, or otherwise exempt hospitals from reimbursement limits as financed by intergovernmental transfers. The LIP Council submits its findings and recommendations to the Governor and Legislature no later than February 1 of each year.

The Office of Insurance Regulation monitors the LIP Council meetings.

Section 409.911, Florida Statutes

 

Medicaid Reform Technical Advisory Panel

The Medicaid Reform Technical Advisory Panel advises the Agency for Health Care Administration (AHCA) concerning areas of risk-adjusted rate methodology to be used by the AHCA. This includes recommendations on mechanisms to recognize the risk of all Medicaid enrollees and for the transition to a risk-adjustment system, benefit design, data collection and choice counseling for recipients.

The Office of Insurance Regulation is a member of the Panel.

Section 409.91211, Florida Statutes

 

National Council on Compensation Insurance Appeals Board

The National Council on Compensation Insurance (NCCI) files rates for member companies with the Office of Insurance Regulation for Florida's workers' compensation insurance coverage.

The NCCI also administers the Florida Workers' Compensation Appeals Board (Appeals Board), which hears appeals from the application of the rating rules in accordance with Section 627.291, Florida Statutes. If the consumer disagrees with the decision of the Appeals Board, then the consumer can then take their grievance to the Office of Insurance Regulation for review.

The Office of Insurance Regulation also monitors the activities of the Appeals Board.

Section 627.291, Florida Statutes

 

State Consumer Health Information and Policy Advisory Council

The State Consumer Health Information and Policy Advisory Council (Advisory Council) assists the Florida Center for Health Information and Policy Analysis (Florida Center), within the Agency for Health Care Administration, in reviewing the comprehensive health information system. This includes the identification, collection, standardization, sharing, and coordination of health-related data, fraud and abuse data, and professional and facility licensing data among federal, state, local, and private entities. The Advisory Council also recommends improvements and long-range planning for making health care quality measures and financial data available for consumers to compare health care services.

The Office of Insurance Regulation is a member of the Advisory Council.

Section 408.05(8), Florida Statutes

 

Title Insurance Study Advisory Council

In 2008, the Title Insurance Study Advisory Council (Council) was created to conduct a comprehensive examination of Florida’s title insurance system and to make recommendations to the Governor and Legislature on the best course of action regarding title insurance for both consumers and the industry. Issues that were examined by the Council included the history of title insurance in Florida, the regulatory structure, ways to obtain meaningful data to develop title insurance rates, etc. The Office of Insurance Regulation served as a member of the Council. The Council expired December 1, 2009, after its final report was issued.

Title Insurance Study Commission Final Report

 

Other (Task Forces, Funds, etc.)

Florida Employee Long-Term Care Plan

The Florida Employee Long-Term Care Plan (Plan) is a self-funded or fully insured, voluntary, long-term care plan for public employees and their families that provides an opportunity to purchase long-term care insurance by means of payroll deduction.

The Office of Insurance Regulation is a member of the Plan's Board of Directors.

Section 110.1227, Florida Statutes

 

Florida Health Choices

Florida Health Choices was created by the Florida Legislature in 2008 with the goal of increasing access to affordable small group health products through a statewide insurance marketplace. The marketplace was intended to focus on products designed for businesses with 4-50 employees. Florida Health Choices is administered by a 15-member board comprised of appointees chosen by the Governor, the Senate President, and the House Speaker.

In 2012, Florida Health Choices began rolling out its central web portal in different phases to allow small businesses, health care agents, and eligible small employers to choose from a variety of health plans and services. Florida Health Choices is presently offering discount and limited benefit plans through the marketplace. Pre-paid clinic, individual and group plans are identified as "coming soon."

Section 408.910, Florida Statutes

 

Florida Health Maintenance Organization Consumer Assistance Plan

The Florida Health Maintenance Organization Consumer Assistance Plan (HMOCAP) protects Floridians by assuring payment for services under covered subscriber contracts from the date of the insolvency for up to six additional months, subject to statutory limitations. In addition, the HMOCAP works with subscribers of insolvent HMOs to find health care coverage on an ongoing basis.

The Office of Insurance Regulation approves the HMOCAP's Plan of Operation.

Section 631.811, Florida Statutes

 

Florida Hurricane Catastrophe Fund

The Florida Hurricane Catastrophe Fund (FHCF) was created in November 1993 during a special legislative session after Hurricane Andrew. The purpose of the FHCF is to protect and advance the state's interest in maintaining insurance capacity in Florida by providing reimbursements to insurers for a portion of their catastrophic hurricane losses.

The Office of Insurance Regulation monitors the FHCF's meetings.

Section 215.555, Florida Statutes

 

Florida Patient's Compensation Fund

The Florida Patient's Compensation Fund (FPCF) was created in 1975 for healthcare providers to utilize to pay claims for bodily injury or property damage sustained by a patient. The FPCF has taken no new policies since June 3, 1983.

The Office of Insurance Regulation annually approves the FPCF's Plan of Operation.

For more information call (850) 681-6667.

Section 766.105, Florida Statutes

 

Florida Surplus Lines Service Office

The Florida Surplus Lines Service Office (FSLSO) is a self-regulating organization that permits surplus lines insurance to be placed with approved surplus lines insurers and is a source of advice and counsel for the benefit of consumers, surplus lines agents, insurers and government agencies concerning the operation of the surplus lines insurance market.

The FSLSO submits monthly policy reports to the Florida Department of Financial Services. The FSLSO is also required to prepare and deliver to each surplus lines agent monthly and quarterly reports of each surplus lines agent's business and collect a service fee, along with the surplus lines premium receipts tax as provided in Sections 626.932 and 626.9325, Florida Statutes.

The Office of Insurance Regulation annually approves the FSLSO's Plan of Operation and budget.

Section 626.921, Florida Statutes

 

Health Care Transition Services Task Force for Youth and Young Adults

In 2008, the Department of Health was charged with coordinating a Health Care Transition Services Task Force for Youth and Young Adults with Disabilities to assess the need for health care transition services for youth with disabilities, develop strategies to ensure successful transition from the pediatric to the adult health care system, and identify existing and potential funding sources.

The Task Force dissolved after it issued a final report in December 2008.

The Office of Insurance Regulation participated in the Task Force proceedings.

Senate Bill 988 (2008)

 

Interagency Committee for Women's Health

The Office of Women's Health Strategy is housed within the Department of Health for the purpose of improving the overall health status of women in Florida through research, awareness, and education. The women's health program works with other state agencies and private organizations via the Interagency Committee for Women's Health to promote women's health programs in Florida.

The Office of Insurance Regulation serves as a member of the Committee.

Section 381.04015, Florida Statutes

 

Long-Term Solutions for Florida's Hurricane Insurance Market Task Force

In 2005, the Florida Legislature passed Senate Bill 1486, which created the Task Force on Long-Term Solutions for Florida's Hurricane Market (Task Force) and charged the Task Force with gathering information and making recommendations for ways to ensure that hurricane insurance is available for Floridians. Over the course of meetings from August 2005 through January 2006, the Task Force gathered information, heard expert testimony and received public testimony. The report that follows characterizes the issues examined, the information and testimony received, and provides a number of recommendations that the Task Force believes will help to address the short-term and long-term availability problems.

Commissioner McCarty served as Chair of the Task Force.

Final Report

 

Subscriber Assistance Program

The Subscriber Assistance Program is a State of Florida program created to assist consumers (referred to as subscribers) of managed care entities, such as Health Maintenance Organizations, Prepaid Health Clinics, Prepaid Health Plans, and Exclusive Provider Organizations, with grievances that have not been satisfactorily resolved. If the subscriber's grievance meets the Program's required criteria, the program's staff will schedule the grievance for a hearing before the Subscriber Assistance Panel (Panel). The Panel makes a recommendation based on the facts, either to the Agency for Health Care Administration or the Office of Insurance Regulation, to ensure that consumers receive the quality medical services rightfully.

Section 408.7056, Florida Statutes

 

Workers Compensation Three-Member Panel

The Workers Compensation Three-Member Panel determines statewide schedules of maximum reimbursement allowances for medically-necessary treatment, care, and attendance provided by physicians, hospitals, ambulatory surgical centers, work-hardening programs, pain programs, and durable medical equipment.

The Commissioner is the Chief Financial Officer’s designee as chair.

Section 440.13(12), Florida Statutes

 

National Organizations

National Association of Insurance Commissioners

The National Association of Insurance Commissioners (NAIC) is the organization of insurance regulators from the 50 states, the District of Columbia and the five U.S. territories. The NAIC provides a forum for the development of uniform insurance regulatory policy, when uniformity is appropriate.

Florida has exercised leadership within the NAIC by serving as members, Chair or Vice Chair of significant standing committees and continues to be actively involved in several key committees of the NAIC.

At the Winter National Meeting in December 2008, Commissioner McCarty was elected by his peers to become the NAICs Secretary-Treasurer. In December 2009, McCarty was elected Vice President. In October 2010, the Commissioner was elected President-Elect of the NAIC, and served in that role through December 2011. On January 1, 2012, the Commissioner became President of the NAIC.

Click here to learn more about the Office of Insurance Regulation's involvement in the NAIC.

 

National Conference of Insurance Legislators

The National Conference of Insurance Legislators (NCOIL) was founded in 1969, to help state legislators make informed decisions about insurance issues that affect their constituents and to preserve state authority for insurance oversight.

The Office of Insurance Regulation attends NCOIL meetings as the budget permits.

 

International Organizations

International Association of Insurance Supervisors

The International Association of Insurance Supervisors (IAIS) is made up of five committees (Audit, Implementation, Executive, Technical and Budget) and numerous subcommittees and task forces. Commissioner McCarty is directly involved as a member of the Technical Committee, which seeks to establish global insurance regulatory and supervisory standards with its subcommittees, and as a member of the Executive Committee, which makes all final IAIS decisions.

 

Joint Forum

The Joint Forum was developed in 1996 for the regulators of banking, securities and insurance to deal with issues that were common among the three financial sectors. The Joint Forum consists of the Basel Committee on Banking Supervision (BCBS), International Organization of Securities Commissions (IOSCO), and the International Association of Insurance Supervisors (IAIS), each of whom have an equal number of senior supervisors representing each supervisory constituency.