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The Florida Statutes

The 1998 Florida Statutes

Title XXXVII
INSURANCE
Chapter 627
Insurance Rates And Contracts
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1627.6419  Requirements with respect to breast cancer.--

(1)  An insurer may not deny the issuance or renewal of, or cancel, a policy of accident insurance or health insurance, nor include any exception or exclusion of benefits in a policy solely because the insured has been diagnosed as having a fibrocystic condition or a nonmalignant lesion that demonstrates a predisposition, or solely due to the family history of the insured related to breast cancer, or solely due to any combination of these factors, unless the condition is diagnosed through a breast biopsy that demonstrates an increased disposition to developing breast cancer.

(2)  An insurer may not deny the issuance or renewal of, or cancel, a policy of accident insurance or health insurance, nor include any exception or exclusion of benefits in a policy solely due to breast cancer, if the insured has been free from breast cancer for more than 2 years before the applicant's request for health insurance coverage.

(3)  This section also applies to a policy of group, blanket, or franchise accident or health insurance and to a contract or evidence of coverage issued by a health maintenance organization.

History.--s. 59, ch. 92-318; s. 7, ch. 95-188; s. 4, ch. 97-48; s. 2, ch. 97-182.

1Note.--

A.  Section 13, ch. 97-48, provides that "[t]his act fulfills an important state interest."

B.  Section 14, ch. 97-48, provides that "[t]his act shall take effect October 1, 1997, and shall apply to policies and contracts issued or renewed after that date."

C.  Section 7, ch. 97-182, provides that "[t]his act shall take effect January 1, 1998, and shall apply to policies and contracts issued or renewed on or after that date."