Senate Bill 1556e1

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    CS for SB 1556                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to health insurance; amending

  3         s. 408.70, F.S.; providing legislative intent

  4         for the organization of a nonprofit corporation

  5         for providing affordable group health

  6         insurance; amending s. 408.701, F.S.; revising

  7         definitions; amending s. 408.702, F.S.;

  8         creating the Health Alliance for Small

  9         Business; deleting authorization for community

10         health purchasing alliances; creating a board

11         of governors for the alliance; specifying

12         organizational requirements; specifying that

13         the alliance is not a state agency;

14         redesignating community health purchasing

15         alliances as regional boards of the alliance;

16         revising provisions related to liability of

17         board members, number and boundary of alliance

18         districts, eligibility for alliance membership,

19         and powers of the state board and regional

20         boards of the alliance; authorizing the Office

21         of the Auditor General to audit and inspect the

22         alliance; prohibiting state agencies from

23         providing certain funds to the alliance without

24         specific legislative approval; amending s.

25         408.703, F.S.; providing eligibility

26         requirements for small employer members of the

27         alliance; amending s. 408.704, F.S.; providing

28         responsibilities for the Agency for Health Care

29         Administration; amending s. 408.7045, F.S.;

30         revising marketing requirements of the

31         alliance; amending s. 627.6699, F.S.; revising


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  1         restrictions related to premium rates for small

  2         employer health benefit plans; repealing ss.

  3         408.7041, 408.7042, 408.7055, 408.706, F.S.,

  4         relating to anti-trust protection, relating to

  5         purchasing coverage for state employees and

  6         Medicaid recipients through community health

  7         purchasing alliances, relating to the

  8         establishment of practitioner advisory groups

  9         by the Agency for Health Care Administration,

10         and relating to requirements for accountable

11         health partnerships; providing an effective

12         date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Section 408.70, Florida Statutes, is

17  amended to read:

18         408.70  Health Alliance for Small Business Community

19  health purchasing; legislative findings and intent.--It is the

20  intent of the Legislature that a nonprofit corporation, to be

21  known as the "Health Alliance for Small Business," be

22  organized for the purpose of pooling groups of individuals

23  employed by small employers and the dependents of such

24  employees into larger groups in order to facilitate the

25  purchase of affordable group health insurance coverage.

26         (1)  The Legislature finds that the current health care

27  system in this state does not provide access to affordable

28  health care for all persons in this state.  Almost one in five

29  persons is without health insurance.  For many, entry into the

30  health care system is through a hospital emergency room rather

31  than a primary care setting.  The availability of preventive


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  1  and primary care and managed, family-based care is limited.

  2  Health insurance underwriting practices have led to the

  3  avoidance, rather than to the sharing, of insurance risks,

  4  limiting access to coverages for small-sized employer groups

  5  and high-risk populations.  Spiraling premium costs have

  6  placed health insurance policies out of the reach of many

  7  small-sized and medium-sized businesses and their employees.

  8  Lack of outcome and cost information has forced individuals

  9  and businesses to make critical health care decisions with

10  little guidance or leverage. Health care resources have not

11  been allocated efficiently, leading to excess and unevenly

12  distributed capacity.  These factors have contributed to the

13  high cost of health care.  Rural and other medically

14  underserved areas have too few health care resources.

15  Comprehensive, first-dollar coverages have allowed individuals

16  to seek care without regard to cost.  Provider competition and

17  liability concerns have led to a medical technology arms race.

18  Rather than competing on the basis of price and patient

19  outcome, health care providers compete for patients on the

20  basis of service, equipping themselves with the latest and

21  best technologies.  Managed-care and group-purchasing

22  mechanisms are not widely available to small group purchasers.

23  Health care regulation has placed undue burdens on health care

24  insurers and providers, driving up costs, limiting

25  competition, and preventing market-based solutions to cost and

26  quality problems. Health care costs have been increasing at

27  several times the rate of general inflation, eroding employer

28  profits and investments, increasing government revenue

29  requirements, reducing consumer coverages and purchasing

30  power, and limiting public investments in other vital

31  governmental services.


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  1         (2)  It is the intent of the Legislature that a

  2  structured health care competition model, known as "managed

  3  competition," be implemented throughout the state to improve

  4  the efficiency of the health care markets in this state.  The

  5  managed competition model will promote the pooling of

  6  purchaser and consumer buying power; ensure informed

  7  cost-conscious consumer choice of managed care plans; reward

  8  providers for high-quality, economical care; increase access

  9  to care for uninsured persons; and control the rate of

10  inflation in health care costs.

11         (3)  The Legislature intends that state-chartered,

12  nonprofit private purchasing organizations, to be known as

13  "community health purchasing alliances," be established.  The

14  community health purchasing alliances shall be responsible for

15  assisting alliance members in securing the highest quality of

16  health care, based on current standards, at the lowest

17  possible prices.

18         Section 2.  Section 408.701, Florida Statutes, 1998

19  Supplement, is amended to read:

20         408.701  Health Alliance for Small Business Community

21  health purchasing; definitions.--As used in ss.

22  408.70-408.7045 ss. 408.70-408.706, the term:

23         (1)  "Accountable health partnership" means an

24  organization that integrates health care providers and

25  facilities and assumes risk, in order to provide health care

26  services, as certified by the agency under s. 408.704.

27         (1)(2)  "Agency" means the Agency for Health Care

28  Administration.

29         (2)(3)  "Alliance" means the Health Alliance for Small

30  Business a community health purchasing alliance.

31         (3)(4)  "Alliance member" means:


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  1         (a)  a small employer as defined in s. 627.6699 who, or

  2         (b)  The state, for the purpose of providing health

  3  benefits to state employees and their dependents through the

  4  state group insurance program and to Medicaid recipients,

  5  participants in the MedAccess program, and participants in the

  6  Medicaid buy-in program,

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  8  if such entities voluntarily elects choose to join an

  9  alliance.

10         (5)  "Antitrust laws" means federal and state laws

11  intended to protect commerce from unlawful restraints,

12  monopolies, and unfair business practices.

13         (6)  "Associate alliance member" means any purchaser

14  who joins an alliance for the purposes of participating on the

15  alliance board and receiving data from the alliance at no

16  charge as a benefit of membership.

17         (7)  "Benefit standard" means a specified set of health

18  services that are the minimum that must be covered under a

19  basic health benefit plan, as defined in s. 627.6699.

20         (8)  "Business health coalition" means a group of

21  employers organized to share information about health services

22  and insurance coverage, to enable the employers to obtain more

23  cost-effective care for their employees.

24         (9)  "Community health purchasing alliance" means a

25  state-chartered, nonprofit organization that provides

26  member-purchasing services and detailed information to its

27  members on comparative prices, usage, outcomes, quality, and

28  enrollee satisfaction with accountable health partnerships.

29         (10)  "Consumer" means an individual user of health

30  care services.

31         (11)  "Department" means the Department of Insurance.


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  1         (12)  "Grievance procedure" means an established set of

  2  rules that specify a process for appeal of an organizational

  3  decision.

  4         (4)(13)  "Health care provider" or "provider" means a

  5  state-licensed or state-authorized facility, a facility

  6  principally supported by a local government or by funds from a

  7  charitable organization that holds a current exemption from

  8  federal income tax under s. 501(c)(3) of the Internal Revenue

  9  Code, a licensed practitioner, a county health department

10  established under part I of chapter 154, a prescribed

11  pediatric extended care center defined in s. 400.902, a

12  federally supported primary care program such as a migrant

13  health center or a community health center authorized under s.

14  329 or s. 330 of the United States Public Health Services Act

15  that delivers health care services to individuals, or a

16  community facility that receives funds from the state under

17  the Community Alcohol, Drug Abuse, and Mental Health Services

18  Act and provides mental health services to individuals.

19         (5)(14)  "Health insurer" or "insurer" means a health

20  insurer or health maintenance organization that is issued a

21  certificate of authority an organization licensed by the

22  Department of Insurance under part III of chapter 624 or part

23  I of chapter 641.

24         (6)(15)  "Health plan" or "health insurance" means any

25  health insurance policy or health maintenance organization

26  contract issued by a health insurer hospital or medical policy

27  or contract or certificate, hospital or medical service plan

28  contract, or health maintenance organization contract as

29  defined in the insurance code or Health Maintenance

30  Organization Act.  The term does not include accident-only,

31  specific disease, individual hospital indemnity, credit,


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  1  dental-only, vision-only, Medicare supplement, long-term care,

  2  or disability income insurance; coverage issued as a

  3  supplement to liability insurance; workers' compensation or

  4  similar insurance; or automobile medical-payment insurance.

  5         (7)  "Regional board" means the board of directors of

  6  each region of the alliance, as established under s.

  7  408.702(1).

  8         (8)  "State board" or "board" means the board of

  9  directors of the alliance, as established under s. 408.702(2).

10         (16)  "Health status" means an assessment of an

11  individual's mental and physical condition.

12         (17)  "Managed care" means systems or techniques

13  generally used by third-party payors or their agents to affect

14  access to and control payment for health care services.

15  Managed-care techniques most often include one or more of the

16  following:  prior, concurrent, and retrospective review of the

17  medical necessity and appropriateness of services or site of

18  services; contracts with selected health care providers;

19  financial incentives or disincentives related to the use of

20  specific providers, services, or service sites; controlled

21  access to and coordination of services by a case manager; and

22  payor efforts to identify treatment alternatives and modify

23  benefit restrictions for high-cost patient care.

24         (18)  "Managed competition" means a process by which

25  purchasers form alliances to obtain information on, and

26  purchase from, competing accountable health partnerships.

27         (19)  "Medical outcome" means a change in an

28  individual's health status after the provision of health

29  services.

30

31


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  1         (20)  "Provider network" means an affiliated group of

  2  varied health care providers that is established to provide a

  3  continuum of health care services to individuals.

  4         (21)  "Purchaser" means an individual, an organization,

  5  or the state that makes health-benefit purchasing decisions on

  6  behalf of a group of individuals.

  7         (22)  "Self-funded plan" means a group health insurance

  8  plan in which the sponsoring organization assumes the

  9  financial risk of paying for all covered services provided to

10  its enrollees.

11         (23)  "Utilization management" means programs designed

12  to control the overutilization of health services by reviewing

13  their appropriateness relative to established standards or

14  norms.

15         (24)  "24-hour coverage" means the consolidation of

16  such time-limited health care coverage as personal injury

17  protection under automobile insurance into a general health

18  insurance plan.

19         (25)  "Agent" means a person who is licensed to sell

20  insurance in this state pursuant to chapter 626.

21         (26)  "Primary care physician" means a physician

22  licensed under chapter 458 or chapter 459 who practices family

23  medicine, general internal medicine, general pediatrics, or

24  general obstetrics/ gynecology.

25         Section 3.  Section 408.702, Florida Statutes, is

26  amended to read:

27         408.702  Health Alliance for Small Business Community

28  health purchasing alliance; establishment; state and regional

29  boards.--

30         (1)  There is created the Health Alliance for Small

31  Business, which shall operate as a nonprofit corporation


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  1  organized under chapter 617. The alliance is not a state

  2  agency. The alliance shall operate subject to the supervision

  3  and approval of a board of directors composed of the chairman

  4  of each of the regional boards of the alliance or, in lieu of

  5  the chairman, a member of a regional board designated by the

  6  chairman of that board.

  7         (2)(a)  The board of directors of each community health

  8  purchasing alliance is redesignated as a regional board of the

  9  Health Alliance for Small Business. Each regional board shall

10  operate as a nonprofit corporation organized under chapter

11  617. A regional board is not a state agency.

12         (b)  The regional board replacing such community health

13  purchasing alliance shall assume the rights and obligations of

14  each former community health purchasing alliance as necessary

15  to fulfill the former alliance's contractual obligations

16  existing on the effective date of this act. Nothing in this

17  section shall impair or otherwise affect any such contract.

18         (3)(1)  There is created a community health purchasing

19  alliance in each of the 11 health service planning districts

20  established under s. 408.032. Each alliance must be operated

21  as a state-chartered, nonprofit private organization organized

22  pursuant to chapter 617. There shall be no liability on the

23  part of, and no cause of action of any nature shall arise

24  against, any member of the board of directors of the a

25  community health purchasing alliance or of any regional board,

26  or their its employees or agents, for any action taken by a

27  the board in the performance of its powers and duties under

28  ss. 408.70-408.7045 ss. 408.70-408.706.

29         (4)(2)  The number and geographical boundaries of

30  alliance districts may be revised by the state board Three or

31  fewer alliances located in contiguous districts that are not


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  1  primarily urban may merge into a single alliance upon approval

  2  of the agency based on upon a showing by the alliance board

  3  members that the members of the each alliance would be better

  4  served under a combined alliance. If the number or boundaries

  5  of regional alliances are revised, the members of the new

  6  regional boards for the affected regions must be

  7  representative of the members of the former regional boards of

  8  the affected regions in a method established by the state

  9  board which reasonably provides for proportionate

10  representation of former board members. Board members of each

11  alliance shall serve as the board of the combined alliance.

12         (5)(3)  The An alliance is the only entity that is

13  allowed to operate as an alliance in a particular district and

14  must operate for the benefit of its members who are: small

15  employers, as defined in s. 627.6699; the state on behalf of

16  its employees and the dependents of such employees; Medicaid

17  recipients; and associate alliance members.  The An alliance

18  is the exclusive entity for the oversight and coordination of

19  alliance member purchases. Any health plan offered through the

20  an alliance must be offered by a health insurer an accountable

21  health partnership and the an alliance may not directly

22  provide insurance; directly contract, for purposes of

23  providing insurance, with a health care provider or provider

24  network; or bear any risk, or form self-insurance plans among

25  its members.  An alliance may form a network with other

26  alliances in order to improve services provided to alliance

27  members. Nothing in ss. 408.70-408.7045 ss. 408.70-408.706

28  limits or authorizes the formation of business health

29  coalitions; however, a person or entity that pools together or

30  assists in purchasing health coverage for small employers, as

31  defined in s. 627.6699, state employees and their dependents,


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  1  and Medicaid, Medicaid buy-in, and MedAccess recipients may

  2  not discriminate in its activities based on the health status

  3  or historical or projected claims experience of such employers

  4  or recipients.

  5         (4)  Each alliance shall capitalize on the expertise of

  6  existing business health coalitions.

  7         (6)(5)  Membership or associate membership in the an

  8  alliance and participation by health insurers are is

  9  voluntary.

10         (7)  The state board of the alliance may:

11         (a)  Negotiate with health insurers to offer health

12  plans to alliance members in one or more regions under terms

13  and conditions as agreed to between the board, as group

14  policyholder, and the health insurer. The board and the

15  insurer may negotiate and agree to health plan selection,

16  benefit design, premium rates, and other terms of coverage,

17  subject to the requirements of the Florida Insurance Code.

18         (b)  Establish minimum requirements of alliance

19  membership, consistent with the definition of the term "small

20  employer" in s. 627.6699, including any documentation that an

21  applicant must submit to establish eligibility for membership.

22         (c)  Establish administrative and accounting procedures

23  for its operation and for the operation of the regional

24  boards, and require regional boards to submit program reports

25  to the state board or the agency.

26         (d)  Receive and accept grants, loans, advances, or

27  funds from any public or private agency, and receive and

28  accept, from any source, contributions of money, property,

29  labor, or any other thing of value.

30         (e)  Hire employees or contract with qualified,

31  independent third parties for any service necessary to carry


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  1  out the board's powers and duties, as authorized under ss.

  2  408.70-408.7045. However, the board may not hire an insurance

  3  agent who engages in activities on behalf of the alliance for

  4  which an insurance agent's license is required by chapter 626.

  5         (f)  Perform any of the activities that may be

  6  performed by a regional board under subsection (6), subject to

  7  coordination with the regional boards to avoid duplication of

  8  effort.

  9         (8)  Each regional board of the alliance may:

10         (a)  Establish conditions of alliance membership

11  consistent with the minimum requirements established by the

12  state board.

13         (b)  Provide to alliance members standardized

14  information for comparing health plans offered through the

15  alliance.

16         (c)  Offer health plans to alliance members, subject to

17  the terms and conditions agreed to by the state board and

18  participating health insurers.

19         (d)  Market and publicize the coverage and services

20  offered by the alliance.

21         (e)  Collect premiums from alliance members on behalf

22  of participating health insurers.

23         (f)  Assist members in resolving disputes between

24  health insurers and alliance members, consistent with

25  grievance procedures required by law.

26         (g)  Set reasonable fees for alliance membership,

27  services offered by the alliance, and late payment of premiums

28  by alliance members for which the alliance is responsible.

29         (h)  Receive and accept grants, loans, advances, or

30  funds from any public or private agency, and receive and

31


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  1  accept, from any source, contributions of money, property,

  2  labor, or any other thing of value.

  3         (i)  Hire employees or contract with qualified,

  4  independent third parties for any service necessary to carry

  5  out the regional board's powers and duties as authorized under

  6  ss. 408.70-408.7045. However, a regional board may not hire an

  7  insurance agent who engages in activities on behalf of the

  8  alliance for which an insurance agent's license is required by

  9  chapter 626. 

10         (9)  No state agency may expend or provide funds to the

11  Alliance that would subsidize the pricing of health insurance

12  policies for its members, unless the Legislature specifically

13  authorizes such expenditure.

14         (6)  Each community health purchasing alliance has the

15  following powers, duties, and responsibilities:

16         (a)  Establishing the conditions of alliance membership

17  in accordance with ss. 408.70-408.706.

18         (b)  Providing to alliance members clear, standardized

19  information on each accountable health partnership and each

20  health plan offered by each accountable health partnership,

21  including information on price, enrollee costs, quality,

22  patient satisfaction, enrollment, and enrollee

23  responsibilities and obligations; and providing accountable

24  health partnership comparison sheets in accordance with agency

25  rule to be used in providing members and their employees with

26  information regarding standard, basic, and specialized

27  coverage that may be obtained through the accountable health

28  partnerships.

29         (c)  Annually offering to all alliance members all

30  accountable health partnerships and health plans offered by

31  the accountable health partnerships which meet the


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  1  requirements of ss. 408.70-408.706, and which submit a

  2  responsive proposal as to information necessary for

  3  accountable health partnership comparison sheets, and

  4  providing assistance to alliance members in selecting and

  5  obtaining coverage through accountable health partnerships

  6  that meet those requirements.

  7         (d)  Requesting proposals for the standard and basic

  8  health plans, as defined in s. 627.6699, from all accountable

  9  health partnerships in the district; providing, in the format

10  required by the alliance in the request for proposals, the

11  necessary information for accountable health partnership

12  comparison sheets; and offering to its members health plans of

13  accountable health partnerships which meet those requirements.

14         (e)  Requesting proposals from all accountable health

15  partnerships in the district for specialized benefits approved

16  by the alliance board based on input from alliance members,

17  determining if the proposals submitted by the accountable

18  health partnerships meet the requirements of the request for

19  proposals, and offering them as options through riders to

20  standard plans and basic plans.  This paragraph does not limit

21  an accountable health partnership's ability to offer other

22  specialized benefits to alliance members.

23         (f)  Distributing to health care purchasers, placing

24  special emphasis on the elderly, retail price data on

25  prescription drugs and their generic equivalents, durable

26  medical equipment, and disposable medical supplies which is

27  provided by the agency pursuant to s. 408.063(3) and (4).

28         (g)  Establishing administrative and accounting

29  procedures for the operation of the alliance and members'

30  services, preparing an annual alliance budget, and preparing

31


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  1  annual program and fiscal reports on alliance operations as

  2  required by the agency.

  3         (h)  Developing and implementing a marketing plan to

  4  publicize the alliance to potential members and associate

  5  members and developing and implementing methods for informing

  6  the public about the alliance and its services.

  7         (i)  Developing grievance procedures to be used in

  8  resolving disputes between members and the alliance and

  9  disputes between the accountable health partnerships and the

10  alliance.  Any member of, or accountable health partnership

11  that serves, an alliance may appeal to the agency any

12  grievance that is not resolved by the alliance.

13         (j)  Ensuring that accountable health partnerships have

14  grievance procedures to be used in resolving disputes between

15  members and an accountable health partnership.  A member may

16  appeal to the alliance any grievance that is not resolved by

17  the accountable health partnership.  An accountable health

18  partnership that is a health maintenance organization must

19  follow the grievance procedures established in ss. 408.7056

20  and 641.31(5).

21         (k)  Maintaining all records, reports, and other

22  information required by the agency, ss. 408.70-408.706, or

23  other state and local laws.

24         (l)  Receiving and accepting grants, loans, advances,

25  or funds from any public or private agency; and receiving and

26  accepting contributions, from any source, of money, property,

27  labor, or any other thing of value.

28         (m)  Contracting, as authorized by alliance members,

29  with a qualified, independent third party for any service

30  necessary to carry out the powers and duties required by ss.

31  408.70-408.706.


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  1         (n)  Developing a plan to facilitate participation of

  2  providers in the district in an accountable health

  3  partnership, placing special emphasis on ensuring

  4  participation by minority physicians in accountable health

  5  partnerships if such physicians are available.  The use of the

  6  term "minority" in ss. 408.70-408.706 is consistent with the

  7  definition of "minority person" provided in s. 288.703(3).

  8         (o)  Ensuring that any health plan reasonably available

  9  within the jurisdiction of an alliance, through a preferred

10  provider network, a point of service product, an exclusive

11  provider organization, a health maintenance organization, or a

12  pure indemnity product, is offered to members of the alliance.

13  For the purposes of this paragraph, "pure indemnity product"

14  means a health insurance policy or contract that does not

15  provide different rates of reimbursement for a specified list

16  of physicians and a "point of service product" means a

17  preferred provider network or a health maintenance

18  organization which allows members to select at a higher cost a

19  provider outside of the network or the health maintenance

20  organization.

21         (p)  Petitioning the agency for a determination as to

22  the cost-effectiveness of collecting premiums on behalf of

23  participating accountable health partnerships.  If determined

24  by the agency to be cost-effective, the alliance may establish

25  procedures for collecting premiums from members and distribute

26  them to the participating accountable health partnerships.

27  This may include the remittance of the share of the group

28  premium paid by both an employer and an enrollee.  If an

29  alliance assumes premium collection responsibility, it shall

30  also assume liability for uncollected premium.  This liability

31  may be collected through a bad debt surcharge on alliance


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  1  members to finance the cost of uncollected premiums. The

  2  alliance shall pay participating accountable health

  3  partnerships their contracting premium amounts on a prepaid

  4  monthly basis, or as otherwise mutually agreed upon.

  5         (7)  Each alliance shall set reasonable fees for

  6  membership in the alliance which will finance all reasonable

  7  and necessary costs incurred in administering the alliance.

  8         (9)(8)  Each regional board alliance shall annually

  9  report to the state board on the operations of the alliance in

10  that region, including program and financial operations, and

11  shall provide for annual internal and independent audits.

12         (10)(9)  The alliance, the state board, and regional

13  boards A community health purchasing alliance may not engage

14  in any activities for which an insurance agent's license is

15  required by chapter 626.

16         (11)(10)  The powers and responsibilities of the a

17  community health purchasing alliance with respect to

18  purchasing health plans services from health insurers

19  accountable health partnerships do not extend beyond those

20  enumerated in ss. 408.70-408.7045 ss. 408.70-408.706.

21         (12)  The Office of the Auditor General may audit and

22  inspect the operations and records of the alliance.

23         Section 4.  Section 408.703, Florida Statutes, is

24  amended to read:

25         408.703  Small employer members of the alliance

26  community health purchasing alliances; eligibility

27  requirements.--

28         (1)  The board agency shall establish conditions of

29  participation in the alliance for small employers, as defined

30  in s. 627.6699, which must include, but need not be limited

31  to:


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  1         (a)  Assurance that the group is a valid small employer

  2  and is not formed for the purpose of securing health benefit

  3  coverage. This assurance must include requirements for sole

  4  proprietors and self-employed individuals which must be based

  5  on a specified requirement for the time that the sole

  6  proprietor or self-employed individual has been in business,

  7  required filings to verify employment status, and other

  8  requirements to ensure that the individual is working.

  9         (b)  Assurance that the individuals in the small

10  employer group are employees and have not been added for the

11  purpose of securing health benefit coverage.

12         (2)  The agency may not require a small employer to pay

13  any portion of premiums as a condition of participation in an

14  alliance.

15         (2)(3)  The board agency may require a small employer

16  seeking membership to agree to participate in the alliance for

17  a specified minimum period of time, not to exceed 1 year.

18         (4)  If a member small employer offers more than one

19  accountable health partnership or health plan and the employer

20  contributes to coverage of employees or dependents of the

21  employee, the alliance shall require that the employer

22  contribute the same dollar amount for each employee,

23  regardless of the accountable health partnership or benefit

24  plan chosen by the employee.

25         (5)  An employer that employs 30 or fewer employees

26  must offer at least 2 accountable health partnerships or

27  health plans to its employees, and an employer that employs 31

28  or more employees must offer 3 or more accountable health

29  partnerships or health plans to its employees.

30         (3)(6)  Notwithstanding any other law, if a small

31  employer member loses eligibility to purchase health care


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  1  through the a community health purchasing alliance solely

  2  because the business of the small employer member expands to

  3  more than 50 and less than 75 eligible employees, the small

  4  employer member may, at its next renewal date, purchase

  5  coverage through the alliance for not more than 1 additional

  6  year.

  7         Section 5.  Section 408.704, Florida Statutes, 1998

  8  Supplement, is amended to read:

  9         408.704  Agency duties and responsibilities related to

10  the alliance community health purchasing alliances.--

11         (1)  The agency shall supervise the operation of the

12  alliance. assist in developing a statewide system of community

13  health purchasing alliances.  To this end, the agency is

14  responsible for:

15         (1)  Initially and thereafter annually certifying that

16  each community health purchasing alliance complies with ss.

17  408.70-408.706 and rules adopted pursuant to ss.

18  408.70-408.706. The agency may decertify any community health

19  purchasing alliance if the alliance fails to comply with ss.

20  408.70-408.706 and rules adopted by the agency.

21         (2)  The agency shall conduct Providing administrative

22  startup funds.  Each contract for startup funds is limited to

23  $275,000.

24         (3)  Conducting an annual review of the performance of

25  the each alliance to ensure that the alliance is in compliance

26  with ss. 408.70-408.7045 ss. 408.70-408.706. To assist the

27  agency in its review, the each alliance shall submit,

28  quarterly, data to the agency, including, but not limited to,

29  employer enrollment by employer size, industry sector,

30  previous insurance status, and count; number of total eligible

31  employers in the alliance district participating in the


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  1  alliance; number of insured lives by county and insured

  2  category, including employees, dependents, and other insured

  3  categories, represented by alliance members; profiles of

  4  potential employer membership by county; premium ranges for

  5  each health insurer accountable health partnership for

  6  alliance member categories; type and resolution of member

  7  grievances; membership fees; and alliance financial

  8  statements.  A summary of this annual review shall be provided

  9  to the Legislature and to each alliance.

10         (4)  Developing accountable health partnership

11  comparison sheets to be used in providing members and their

12  employees with information regarding the accountable health

13  partnership.

14         (5)  Establishing a data system for accountable health

15  partnerships.

16         (a)  The agency shall establish an advisory data

17  committee comprised of the following representatives of

18  employers, medical providers, hospitals, health maintenance

19  organizations, and insurers:

20         1.  Two representatives appointed by each of the

21  following organizations:  Associated Industries of Florida,

22  the Florida Chamber of Commerce, the National Federation of

23  Independent Businesses, and the Florida Retail Federation;

24         2.  One representative of each of the following

25  organizations:  the Florida League of Hospitals, the

26  Association of Voluntary Hospitals of Florida, the Florida

27  Hospital Association, the Florida Medical Association, the

28  Florida Osteopathic Medical Association, the Florida

29  Chiropractic Association, the Florida Chapter of the National

30  Medical Association, the Association of Managed Care

31  Physicians, the Florida Insurance Council, the Florida


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  1  Association of Domestic Insurers, the Florida Association of

  2  Health Maintenance Organizations; and

  3         3.  One representative of governmental health care

  4  purchasers and three consumer representatives, to be appointed

  5  by the agency.

  6         (b)  The advisory data committee shall issue a report

  7  and recommendations on each of the following subjects as each

  8  is completed.  A final report covering all subjects must be

  9  included in the final Florida Health Plan to be submitted to

10  the Legislature on December 31, 1993.  The report shall

11  include recommendations regarding:

12         1.  Types of data to be collected.  Careful

13  consideration shall be given to other data collection projects

14  and standards for electronic data interchanges already in

15  process in this state and nationally, to evaluating and

16  recommending the feasibility and cost-effectiveness of various

17  data collection activities, and to ensuring that data

18  reporting is necessary to support the evaluation of providers

19  with respect to cost containment, access, quality, control of

20  expensive technologies, and customer satisfaction analysis.

21  Data elements to be collected from providers include prices,

22  utilization, patient outcomes, quality, and patient

23  satisfaction.  The completion of this task is the first

24  priority of the advisory data committee. The agency shall

25  begin implementing these data collection activities

26  immediately upon receipt of the recommendations, but no later

27  than January 1, 1994.  The data shall be submitted by

28  hospitals, other licensed health care facilities, pharmacists,

29  and group practices as defined in s. 455.654(3)(f).

30         2.  A standard data set, a standard cost-effective

31  format for collecting the data, and a standard methodology for


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  1  reporting the data to the agency, or its designee, and to the

  2  alliances.  The reporting mechanisms must be designed to

  3  minimize the administrative burden and cost to health care

  4  providers and carriers.  A methodology shall be developed for

  5  aggregating data in a standardized format for making

  6  comparisons between accountable health partnerships which

  7  takes advantage of national models and activities.

  8         3.  Methods by which the agency should collect,

  9  process, analyze, and distribute the data.

10         4.  Standards for data interpretation.  The advisory

11  data committee shall actively solicit broad input from the

12  provider community, carriers, the business community, and the

13  general public.

14         5.  Structuring the data collection process to:

15         a.  Incorporate safeguards to ensure that the health

16  care services utilization data collected is reviewed by

17  experienced, practicing physicians licensed to practice

18  medicine in this state;

19         b.  Require that carrier customer satisfaction data

20  conclusions are validated by the agency;

21         c.  Protect the confidentiality of medical information

22  to protect the patient's identity and to protect the privacy

23  of individual physicians and patients.  Proprietary data

24  submitted by insurers, providers, and purchasers are

25  confidential pursuant to s. 408.061; and

26         d.  Afford all interested professional medical and

27  hospital associations and carriers a minimum of 60 days to

28  review and comment before data is released to the public.

29         6.  Developing a data collection implementation

30  schedule, based on the data collection capabilities of

31  carriers and providers.


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  1         (c)  In developing data recommendations, the advisory

  2  data committee shall assess the cost-effectiveness of

  3  collecting data from individual physician providers.  The

  4  initial emphasis must be placed on collecting data from those

  5  providers with whom the highest percentages of the health care

  6  dollars are spent: hospitals, large physician group practices,

  7  outpatient facilities, and pharmacies.

  8         (d)  The agency shall, to the maximum extent possible,

  9  adopt and implement the recommendations of the advisory data

10  committee.  The agency shall report all recommendations of the

11  advisory data committee to the Legislature and submit an

12  implementation plan.

13         (e)  The travel expenses of the participants of the

14  advisory data committee must be paid by the participant or by

15  the organization that nominated the participant.

16         (6)  Collecting, compiling, and analyzing data on

17  accountable health partnerships and providing statistical

18  information to alliances.

19         (7)  Receiving appeals by members of an alliance and

20  accountable health partnerships whose grievances were not

21  resolved by the alliance.  The agency shall review these

22  appeals pursuant to chapter 120.  Records or reports submitted

23  as a part of a grievance proceeding conducted as provided for

24  under this subsection are confidential and exempt from the

25  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

26  Constitution. Records or reports of patient care quality

27  assurance proceedings obtained or made by any member of a

28  community health purchasing alliance or any member of an

29  accountable health partnership and received by the agency as a

30  part of a proceeding conducted pursuant to this subsection are

31  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I


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    CS for SB 1556                                 First Engrossed



  1  of the State Constitution. Portions of meetings held pursuant

  2  to the provisions of this subsection during which records held

  3  confidential pursuant to the provisions of this subsection are

  4  discussed are exempt from the provisions of s. 286.011 and s.

  5  24(b), Art. I of the State Constitution.  All portions of any

  6  meeting closed to the public shall be recorded by a certified

  7  court reporter.  For any portion of a meeting that is closed,

  8  the reporter shall record the times of commencement and

  9  termination of the meeting, all discussion and proceedings,

10  the names of all persons present at any time, and the names of

11  all persons speaking.  No portion of the closed meeting shall

12  be off the record.  The court reporter's notes shall be fully

13  transcribed and given to the appropriate records custodian

14  within a reasonable time after the meeting.  A copy of the

15  original transcript, with information otherwise confidential

16  or exempt from public disclosure redacted, shall be made

17  available for public inspection and copying 3 years after the

18  date of the closed meeting.

19         Section 6.  Section 408.7045, Florida Statutes, is

20  amended to read:

21         408.7045  Community health purchasing Alliance

22  marketing requirements.--

23         (1)  The Each alliance shall use appropriate,

24  efficient, and standardized means to notify members of the

25  availability of sponsored health coverage from the alliance.

26         (2)  The Each alliance shall make available to members

27  marketing materials that accurately summarize the benefit

28  plans that are offered by its health insurer accountable

29  health partnerships and the rates, costs, and accreditation

30  information relating to those plans.

31


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  1         (3)  Annually, the alliance shall offer each member

  2  small employer all accountable health partnerships available

  3  in the alliance and provide them with the appropriate

  4  materials relating to those plans.  The member small employer

  5  may choose which health benefit plans shall be offered to

  6  eligible employees and may change the selection each year.

  7  The employee may be given options with regard to health plans

  8  and the type of managed care system under which his or her

  9  benefits will be provided.

10         (4)  An alliance may notify the agency of any marketing

11  practices or materials that it finds are contrary to the fair

12  and affirmative marketing requirements of the program.  Upon

13  the request of an alliance, the agency shall request the

14  Department of Insurance to investigate the practices and the

15  Department of Insurance may take any action authorized for a

16  violation of the insurance code or the Health Maintenance

17  Organization Act.

18         Section 7.  Paragraph (b) of subsection (6) of section

19  627.6699, Florida Statutes, 1998 Supplement, is amended to

20  read:

21         627.6699  Employee Health Care Access Act.--

22         (6)  RESTRICTIONS RELATING TO PREMIUM RATES.--

23         (b)  For all small employer health benefit plans that

24  are subject to this section and are issued by small employer

25  carriers on or after January 1, 1994, premium rates for health

26  benefit plans subject to this section are subject to the

27  following:

28         1.  Small employer carriers must use a modified

29  community rating methodology in which the premium for each

30  small employer must be determined solely on the basis of the

31  eligible employee's and eligible dependent's gender, age,


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    CS for SB 1556                                 First Engrossed



  1  family composition, tobacco use, or geographic area as

  2  determined under paragraph (5)(j) (5)(k).

  3         2.  Rating factors related to age, gender, family

  4  composition, tobacco use, or geographic location may be

  5  developed by each carrier to reflect the carrier's experience.

  6  The factors used by carriers are subject to department review

  7  and approval.

  8         3.  Small employer carriers may not modify the rate for

  9  a small employer for 12 months from the initial issue date or

10  renewal date, unless the composition of the group changes or

11  benefits are changed. However, a small employer carrier may

12  modify the rate one time prior to 12 months after the initial

13  issue date for a small employer who enrolls under a previously

14  issued group policy that has a common anniversary date for all

15  employers covered under the policy, if the carrier discloses

16  to the employer in a clear and conspicuous manner the date of

17  the first renewal and the fact that the premium may increase

18  on or after that date and if the insurer demonstrates to the

19  department that efficiencies in administration are achieved

20  and reflected in the rates charged to small employers covered

21  under the policy.

22         4.  A small employer carrier may issue a policy to a

23  group association with rates that reflect a premium credit for

24  expense savings attributable to administrative activities

25  being performed by the group association, if these expense

26  savings are specifically documented in the carrier's rate

27  filing and are approved by the department. Any such credit may

28  not be based on different morbidity assumptions or on any

29  other factor related to the health status or claims experience

30  of the group or its members. Carriers participating in the

31  alliance program, in accordance with ss. 408.700-408.707, may


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  1  apply a different community rate to business written in that

  2  program.

  3         (c)  For all small employer health benefit plans that

  4  are subject to this section, that are issued by small employer

  5  carriers before January 1, 1994, and that are renewed on or

  6  after January 1, 1995, renewal rates must be based on the same

  7  modified community rating standard applied to new business.

  8         (d)  Notwithstanding s. 627.401(2), this section and

  9  ss. 627.410 and 627.411 apply to any health benefit plan

10  provided by a small employer carrier that provides coverage to

11  one or more employees of a small employer regardless of where

12  the policy, certificate, or contract is issued or delivered,

13  if the health benefit plan covers employees or their covered

14  dependents who are residents of this state.

15         Section 8.  Sections 408.7041, 408.7042, 408.7055, and

16  408.706, Florida Statutes, are repealed.

17         Section 9.  This act shall take effect upon becoming a

18  law.

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