SESSION WATCH
Died SENATE · SESSION 2026

No. SB 440

Florida Employee Health Choices Program
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SPONSOR
Leek
FILED BY
Thomas J. Leek — District 7, Republican [search donations]
EFFECTIVE
7/1/2026
DIED IN
Health Policy

Filed under Healthcare.

PROVIDED SUMMARY

Florida Employee Health Choices Program; Renaming the “Florida Health Choices Program” as the “Florida Employee Health Choices Program”; revising eligibility and participation requirements for vendors under the program; revising the types of health insurance products that are available for purchase through the program; deleting exemptions from certain requirements of the Florida Insurance Code under the program, etc.

Full bill text →

Plain English Summary

AI-GENERATED
Limits Florida's health insurance marketplace to employer-funded employees only.

The Florida Health Choices Program becomes the Florida Employee Health Choices Program, shifting its purpose from serving all state residents to serving employees whose employers fund individual coverage through health reimbursement arrangements.

Only insurers and health maintenance organizations may now sell through the program, and only health insurance policies or HMO contracts; prepaid clinics, service-contract providers, and other former vendor types are cut out entirely.

Plans sold through the program lose their exemption from the Florida Insurance Code, so they must now meet the licensing and mandated-coverage rules that apply to insurance sold outside the program.

The bill also repeals the program's risk-pooling system, its price-transparency rule, its consumer disclosure form, and its 12-month enrollment lock-in, while shrinking the governing board from 15 members to 8.

KEY PROVISIONS
§ 1 Marketplace re-targeted to employees funded by employer ICHRA contributions majors. 408.910

AIThe program's stated purpose shifts from helping any state resident buy health coverage to serving employees whose employers give them money through an individual coverage health reimbursement arrangement to buy their own plan.

“individual coverage health reimbursement arrangements offer a novel way for employers of any size to give health care contributions directly to employees” bill text, line 37 →
§ 2 Only insurers and HMOs may sell through the program now majors. 408.910

AIOnly insurers licensed under chapter 624 and health maintenance organizations licensed under part I of chapter 641 may sell through the program; prepaid clinics, direct health-service providers, and other vendor types allowed under prior law are removed entirely.

“Prepaid limited health service organizations may sell products and services as authorized under part I of chapter 636” bill text, line 177 →
§ 3 Insurance Code exemption for program products is repealed majors. 408.910

AIHealth insurance policies and HMO contracts sold through the program are no longer exempt from the Florida Insurance Code's licensing requirements or the mandated coverage rules in part VI of chapter 627 and chapter 641.

“are not subject to the licensing requirements of the Florida Insurance Code, as defined in s. 624.01” bill text, line 351 →
§ 4 Risk-pooling system for vendor payments is eliminated majors. 408.910

AIThe prior law's risk-pooling system, which let the corporation adjust payments to vendors based on the health risk of their enrollees, is deleted without any replacement mechanism.

“a postenrollment risk adjustment of the premium payments to the vendors” bill text, line 340 →
§ 5 Price-transparency rule and consumer disclosure form are deleted majors. 408.910

AIThe requirement that vendor prices be transparent to participants, and the requirement that the corporation give consumers a disclosure form explaining plan benefits and limits, are both deleted from the program's rules.

“Prices for the products and services sold through the program must be transparent to participants” bill text, line 286 →
§ 6 Minimum 12-month enrollment lock-in is removed moderates. 408.910

AIThe rule locking individual participants into a selected product for at least 12 months, and limiting changes to an annual enrollment period, is deleted along with the risk-bearing-product limits tied to it.

“Initial enrollment periods for each product selected by an individual participant must last at least 12 months” bill text, line 313 →
§ 7 Governing board shrinks from 15 members to 8 moderates. 408.910

AIThe new Florida Employee Health Choices, Inc. is governed by an eight-member board (three gubernatorial, two Senate, two House, one nonvoting Management Services designee), down from the prior 15-member board.

“The corporation shall be governed by an eight-member board of directors” bill text, line 377 →
TIMELINE
3/13/2026
Died in Health Policy
1/13/2026
Introduced
12/1/2025
Referred to Health Policy; Banking and Insurance; Appropriations
11/7/2025
Filed
STATUTES IT CHANGES
s. 408.910
+1072 / −1706
s. 409.821
+1 / −1
s. 409.9122
+1 / −0
s. 409.977
+1 / −0