Quotes and Brokers

How Do You Get a Group Health Quote in Florida

Cupped hands in a striped shirt and tie held beneath an illustrated family group and a heart.

Getting a group health quote in Florida starts with a question about your business rather than a question about plans, because Florida attaches a location condition to its small-employer definition. Fla. Stat. § 627.6699(3)(v) requires a small employer to have “its principal place of business in this state.” A quote request that skips past that can come back with a number attached to a market the business is not actually in. Once eligibility is settled, the rest of a Florida quote is a short sequence: work out who Florida counts as an employee, understand what a carrier must offer you and what it may still require of you, make the handful of decisions only you can make, and check the people you are dealing with at the two separate Florida agencies that hold their files.

A Florida quote starts with a question about your address

The small-employer definition at § 627.6699(3)(v) carries the principal-place-of-business condition in both of its limbs — the grandfathered one and the nongrandfathered one — and the grandfathered limb adds that the majority of eligible employees must have been “employed in this state.” A business that operates in Florida while being run from somewhere else does not meet Florida’s definition, however its headcount reads.

Be careful not to fold that together with the rule that decides your rating area. The federal regulation at 45 CFR § 147.102(a)(1)(ii)(B) selects a small-group rating area “using the group policyholder’s principal business address.” That is a question about where an already-eligible group sits on the map. Florida’s “principal place of business in this state” is a question about whether the group is a Florida small employer in the first place. The phrases are nearly the same and the jobs are not, and a quote conversation is exactly where they get merged.

Who Florida counts, and how

Florida counts by averaging, not by a headcount on the day you ask. The nongrandfathered limb of § 627.6699(3)(v) reaches an employer that “employed an average of at least 1 but not more than 50 employees on business days during the preceding calendar year, and employs at least 1 employee on the first day of the plan year,” with “employee” and “employer” taking “the same meaning as provided in s. 3 of the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. s. 1002.”

The grandfathered limb counts eligible employees instead, requires the employer to be “actively engaged in business” and not “formed primarily for purposes of purchasing insurance,” and aggregates related entities: “companies that are an affiliated group as defined in s. 1504(a) of the Internal Revenue Code of 1986, as amended, are considered a single employer.” If you run more than one company, that aggregation rule is worth resolving before you ask anyone for a quote rather than after.

Florida’s definitions also tell you who an eligible employee is. The verified Florida record reads that term as an employee working full time with a normal workweek of 25 or more hours who has met any applicable waiting-period requirements, and as excluding part-time, temporary and substitute employees (Fla. Stat. § 627.6699(3)). That definition does real work in a quote, because it is the population a participation test is measured against.

What a carrier must quote, and what it may still ask of you

Florida’s guarantee is direct. Fla. Stat. § 627.6699(5)(b): “Every small employer carrier must, as a condition of transacting business in this state, offer and issue all small employer health benefit plans on a guaranteed-issue basis to every eligible small employer, with 2 to 50 eligible employees, that elects to be covered.” Note the band — 2 to 50 eligible employees — is narrower than the 1-to-50 band in the § 627.6699(3)(v) definition. The two paragraphs are not describing the same set of employers, and it is worth asking which one a given sentence means.

Now the half that gets left out. 45 CFR § 147.104 states the federal guarantee only after the words “Subject to paragraphs (b) through (d) of this section,” and paragraph (b) is where minimum participation and employer contribution rules live, as allowed under applicable state law. An employer that cannot meet them is not simply turned down; the issuer may instead restrict the availability of coverage to a defined annual enrollment window. Those requirements are real and they are applied by issuers. How far they reach is set at state and issuer level, which is why no figure for either belongs on a page like this one — ask the carrier quoting you for its own.

One counting detail is worth carrying into that conversation, because it runs in the employer’s favor. Fla. Stat. § 627.6699(6) provides that in applying minimum participation requirements a small employer carrier may not consider as an eligible employee anyone, employee or dependent, who has qualifying existing coverage in an employer-based group insurance plan or an ERISA qualified self-insurance plan. People already covered elsewhere drop out of the count rather than counting against you. The same paragraph draws the limit: a carrier may still count employees and dependents covered under another plan sponsored by that same employer.

The decisions to make before a quote can be built

A quote request that arrives without these produces a placeholder, not a quote.

Decide who is offered coverage and whether dependents are offered. Decide how long a new employee waits before enrolling. Decide whether you are asking about health coverage, dental coverage or both, and whether employees will choose among plans or be offered one. And decide that the business will contribute toward employee coverage — contribution is a real requirement in this market, and the level is a conversation with the carrier rather than a number this page can supply.

Florida fixes the enrollment windows around those decisions. Section 627.6699(5)(e)7. requires an initial enrollment window of at least 30 days, an annual 30-day enrollment window for a small employer’s eligible employees and their dependents, and the special enrollment periods required by § 627.65615.

What Florida lets a carrier rate on

Fla. Stat. § 627.6699(6)(b)1. requires that “Small employer carriers must use a modified community rating methodology” and names the characteristics on which a small employer’s premium may be determined, one of which is “geographic area as determined under paragraph (5)(f).” Paragraph (5)(f) is short and consequential: “The boundaries of geographic areas used by a small employer carrier must coincide with county lines. A carrier may not apply different geographic rating factors to the rates of small employers located within the same county.”

Section 627.6699(6)(b)2. then leaves the factor values to the carrier: “Rating factors related to age, gender, family composition, tobacco use, or geographic location may be developed by each carrier to reflect the carrier’s experience. The factors used by carriers are subject to office review and approval.” That is why two Florida quotes can differ without either being wrong, and it is the reason the single most useful question you can put to a carrier is which factors it actually applies to a group like yours.

Small groups also get a specific protection here. Section 627.6699(6)(b)7.: “Small employer carriers may not use a composite rating methodology to rate a small employer with fewer than 10 employees. For the purposes of this subparagraph, the term ‘composite rating methodology’ means a rating methodology that averages the impact of the rating factors for age and gender in the premiums charged to all of the employees of a small employer.”

Checking the company and checking the agent are two different searches

This is the practical answer to “who do I call,” and Florida splits it in a way that sends people to the wrong desk.

The Office of Insurance Regulation is the insurer-side regulator. Fla. Stat. § 20.121(3)(a)1. makes it “responsible for all activities concerning insurers and other risk bearing entities, including licensing, rates, policy forms, market conduct, claims, issuance of certificates of authority, solvency” and more. Its head is the Florida Insurance Commissioner, appointed by the Financial Services Commission. Its site is floir.gov — floir.com redirects there — and the company search runs at companysearch.floir.gov.

The Department of Financial Services is the people-side agency. It holds the Division of Insurance Agent and Agency Services under § 20.121(2)(d), which licenses agents and agencies and runs the licensee search at licenseesearch.fldfs.com; the Division of Consumer Services under § 20.121(2)(b), which is where a complaint goes; and the Insurance Consumer Advocate under § 20.121(2)(m). DFS is at myfloridacfo.com.

Both of those searches were exercised rather than assumed to work. Each was run with a deliberate nonsense query as a control, and each returned a clean zero for it — no records on the company side, a literal “No Licensee found” on the licensee side — while real queries returned data. An instrument that returns nothing for everything is not evidence of anything; these two discriminate, so an employer who runs a name through either of them can rely on the answer.

On the relationship between the agencies, be precise, because it is easy to state backwards. Fla. Stat. § 20.121(3) creates the Financial Services Commission “within the Department of Financial Services” and then provides that “The commission shall not be subject to control, supervision, or direction by the Department of Financial Services in any manner.” OIR’s own page describes the arrangement from the other side: it is housed within DFS “for purposes of administrative, personnel, and technology support.” Housing is not subordination in regulatory authority. And Florida does not have a Department of Insurance at all — a word-bounded search of the regulator’s own About and Organization pages found zero occurrences of that phrase.

What a quote does not tell you about the day someone leaves

Florida’s continuation law is where a quote conversation can stop and should not, because Florida’s version inverts the federal COBRA shape.

Fla. Stat. § 627.6692(6)(b): “An insurance carrier may not, as a condition of providing coverage to a small employer, require the employer to perform duties related to this section.” The notices are the carrier’s. The carrier mails an initial notice of rights to each covered employee, spouse and dependent under § 627.6692(8). Under § 627.6692(5)(d)2. the carrier has 14 days after receiving a qualified beneficiary’s written notice to send that beneficiary an election and premium notice “by certified mail”; under § 627.6692(5)(d)1. the beneficiary has 63 days after the qualifying event to give that notice. The employer may agree to take that administration on, but only in “a separate addendum to the policy contract” and in return for consideration from the carrier, and the agreement “does not relieve the insurance carrier of its duties and responsibilities to qualified beneficiaries.”

Two limits keep this in proportion. Section 627.6692(4)(h) defines the small employer here as one “who for purposes of this section employs fewer than 20 employees,” and § 627.6692(3) says the section “does not apply” wherever continuation is available under federal COBRA. It is a gap-filler below the federal line.

The employer does hold one real power in it. Under § 627.6692(4)(f)1., a covered employee terminated for gross misconduct is not a qualified beneficiary, and “The employer’s decision to terminate for gross misconduct is conclusive as to the carrier.”

Questions to put to whoever is quoting you

Ask which rating characteristics the carrier actually applies to a group like yours. Ask what participation and contribution it requires, and how employees who already hold coverage elsewhere are counted. Ask which address it used to set the rating area, and confirm it is your principal business address. Ask whether the quote is fully insured or a self-funded or level-funded arrangement, because the federal requirements that attach to fully-insured small-group coverage do not attach the same way to a self-insured one. Then run the agent’s name through the DFS licensee search and the company’s name through the OIR company search. Both take a minute, both work, and they are two different searches at two different agencies.

The bottom line

A Florida group health quote begins with eligibility, not with plan shopping: Fla. Stat. § 627.6699(3)(v) requires the employer’s principal place of business to be in this state, and § 627.6699(5)(b) makes guaranteed issue the carrier’s duty toward an eligible small employer with 2 to 50 eligible employees that elects to be covered. Participation and contribution requirements sit alongside that guarantee. And when you go to check who you are dealing with, the agent is DFS’s file and the company is OIR’s.

Frequently asked questions

What information does a Florida carrier actually need to quote my group?

Start with what the law lets a carrier rate on, because that is what the quote is built from. Fla. Stat. § 627.6699(6)(b)1. requires small employer carriers to use a modified community rating methodology and names the characteristics a small employer’s premium may be determined on, one of which is geographic area as determined under paragraph (5)(f). Fla. Stat. § 627.6699(6)(b)2. then allows each carrier to develop its own factors for those characteristics to reflect its own experience, subject to office review and approval. Beyond that, a quote needs the decisions only you can make — who is offered coverage, whether dependents are offered, how long a new employee waits, and that the business will contribute.

Do I look up my agent at the Office of Insurance Regulation?

No — and getting this backwards costs you a call to the wrong agency. Agent and agency licensing sits with the Department of Financial Services, in its Division of Insurance Agent and Agency Services under Fla. Stat. § 20.121(2)(d), and the licensee search runs at licenseesearch.fldfs.com. DFS also holds the Division of Consumer Services under § 20.121(2)(b) and the Insurance Consumer Advocate under § 20.121(2)(m), so a complaint is a DFS matter too. The Office of Insurance Regulation is the insurer-side regulator — rates, policy forms, solvency, market conduct — and it runs the company search at companysearch.floir.gov. Agent: DFS. Company: OIR.

Is Florida’s insurance regulator called the Department of Insurance?

Florida does not have one, and the claim was tested rather than assumed. A word-bounded search of the regulator’s own About and Organization pages returned zero occurrences of Department of Insurance and four of Office of Insurance Regulation. What Florida has is the Office of Insurance Regulation, whose head is the Florida Insurance Commissioner, appointed by the Financial Services Commission. Fla. Stat. § 20.121(3) creates that commission within the Department of Financial Services and then states that the commission shall not be subject to control, supervision, or direction by the Department of Financial Services in any manner. OIR’s own page adds that it is housed within DFS for administrative, personnel and technology support. Use floir.gov; floir.com redirects there.

If a carrier has to issue to me, why is it asking about participation?

Because guaranteed issue and participation are two halves of one rule, and the federal regulation says so on its face. 45 CFR § 147.104 opens with the words Subject to paragraphs (b) through (d) of this section before it states the guarantee, and paragraph (b) is where employer contribution and group participation rules live, as allowed under applicable state law. A group that cannot meet them is not simply declined — the issuer may instead restrict the availability of coverage to a defined annual enrollment window. So the requirements are real, they sit outside the guarantee, and they are the reason a group that is guaranteed-issue on paper can still be steered somewhere narrower.

Does my quote cover what happens when an employee leaves?

Florida answers that question separately, and its answer is unusual. Fla. Stat. § 627.6692(6)(b) provides that an insurance carrier may not, as a condition of providing coverage to a small employer, require the employer to perform duties related to that section. The continuation notices under Florida’s own continuation law are the carrier’s work, not yours — which is the opposite of the shape people expect from federal COBRA. Note the reach, though: § 627.6692(4)(h) limits the section to a small employer that employs fewer than 20 employees, and § 627.6692(3) switches it off entirely wherever federal COBRA continuation is available.

About the author

Nate Jones, CPCU

Nate Jones, CPCU, is the founder of Wexford Insurance and Wexford Health Insurance, an independent agency placing small-business group benefits in 9 states. He assembles Florida group health quote requests around the § 627.6699 eligibility test and checks agent and company credentials at the two separate Florida agencies that hold them. Start with the Wexford Health Insurance quote form.