Senate Bill sb2022c1

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    Florida Senate - 2004                           CS for SB 2022

    By the Committee on Health, Aging, and Long-Term Care; and
    Senator Alexander




    317-2463-04

  1                      A bill to be entitled

  2         An act relating to consumer health care

  3         spending protection; providing a popular name;

  4         providing a purpose; amending s. 408.05, F.S.;

  5         revising membership of the State Comprehensive

  6         Health Information System Advisory Council;

  7         amending s. 408.061, F.S.; revising a

  8         requirement for submission of health care data;

  9         requiring the council to assist the Agency for

10         Health Care Administration in developing

11         specifications for data collection; amending s.

12         408.08, F.S.; conforming provisions to changes

13         made by the act; amending s. 395.10973, F.S.;

14         revising powers and duties of the agency to

15         include patient charge and performance outcome

16         reporting; requiring the agency to provide such

17         information to the public and implement

18         effective methods for making public disclosure;

19         requiring the agency to annually report

20         findings to the Governor and Legislature;

21         requiring the agency to adopt certain rules;

22         amending s. 395.301, F.S.; requiring disclosure

23         to nonemergency patients, upon request, of a

24         good-faith estimate of anticipated charges;

25         revising the timeframe in which to provide a

26         statement of itemized expenses to a patient;

27         requiring the facility to disclose information

28         necessary to verify the accuracy of the bill

29         within a specified time period after a written

30         request; requiring the facility to establish a

31         method for reviewing written billing disputes;

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    Florida Senate - 2004                           CS for SB 2022
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 1         requiring the facility to maintain a log of all

 2         such disputes and report certain information

 3         annually to the agency; amending s. 651.118,

 4         F.S.; revising guidelines on use of sheltered

 5         nursing home beds by specified persons;

 6         providing an effective date.

 7  

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

 9  

10         Section 1.  This act may be referred to by the popular

11  name the "Health Care Consumer's Right to Know Act."

12         Section 2.  The purpose of this act is to provide

13  health care consumers with reliable and understandable

14  information about facility charges and performance outcomes to

15  assist consumers in making informed decisions about health

16  care.

17         Section 3.  Paragraph (a) of subsection (8) of section

18  408.05, Florida Statutes, is amended to read:

19         408.05  State Center for Health Statistics.--

20         (8)  STATE COMPREHENSIVE HEALTH INFORMATION SYSTEM

21  ADVISORY COUNCIL.--

22         (a)  There is established in the agency the State

23  Comprehensive Health Information System Advisory Council to

24  assist the center in reviewing the comprehensive health

25  information system and to recommend improvements for such

26  system. The council shall consist of the following 13 members:

27         1.  An employee of the Executive Office of the

28  Governor, a representative of an insurer licensed under

29  chapter 627, a consumer advocate, a representative of a

30  business/health coalition, a representative of a health

31  maintenance organization licensed under chapter 641, a

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    Florida Senate - 2004                           CS for SB 2022
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 1  representative of a state trade association for health

 2  insurers, and two representatives of statewide business

 3  associations, to be appointed by the Governor.

 4         2.  An employee of the Office of Insurance Regulation

 5  Department of Financial Services, to be appointed by the

 6  director of the office Chief Financial Officer.

 7         3.  Three physicians, to be appointed by the Secretary

 8  of Health, one of whom is a general surgeon licensed under

 9  chapter 458 or chapter 459, one of whom is a general internist

10  licensed under chapter 458 or chapter 459, and one of whom is

11  a radiologist or pathologist licensed under chapter 458 or

12  chapter 459 An employee of the Department of Education, to be

13  appointed by the Commissioner of Education.

14         4.  Three Ten persons, to be appointed by the Secretary

15  Health Care Administration, one of whom represents the chief

16  executive officer of a hospital, one of whom represents the

17  chief executive officer of a teaching hospital, and one of

18  whom represents a hospital nursing executive representing

19  other state and local agencies, state universities, the

20  Florida Association of Business/Health Coalitions, local

21  health councils, professional health-care-related

22  associations, consumers, and purchasers.

23         Section 4.  Subsection (1) of section 408.061, Florida

24  Statutes, is amended to read:

25         408.061  Data collection; uniform systems of financial

26  reporting; information relating to physician charges;

27  confidential information; immunity.--

28         (1)  The agency may require the submission by health

29  care facilities, health care providers, and health insurers of

30  data necessary to carry out the agency's duties.

31  Specifications for data to be collected under this section

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    Florida Senate - 2004                           CS for SB 2022
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 1  shall be developed by the agency with the assistance of the

 2  State Comprehensive Health Information System Advisory Council

 3  technical advisory panels including representatives of

 4  affected entities, consumers, purchasers, and such other

 5  interested parties as may be determined by the agency.

 6         (a)  Data to be submitted by health care facilities may

 7  include, but are not limited to: case-mix data, patient

 8  admission or discharge data with patient and provider-specific

 9  identifiers included, actual charge data by diagnostic groups,

10  financial data, accounting data, operating expenses, expenses

11  incurred for rendering services to patients who cannot or do

12  not pay, interest charges, depreciation expenses based on the

13  expected useful life of the property and equipment involved,

14  and demographic data. Data may be obtained from documents such

15  as, but not limited to: leases, contracts, debt instruments,

16  itemized patient bills, medical record abstracts, and related

17  diagnostic information. All discharge data shall be submitted

18  quarterly as prescribed by rule.

19         (b)  Data to be submitted by health care providers may

20  include, but are not limited to: Medicare and Medicaid

21  participation, types of services offered to patients, amount

22  of revenue and expenses of the health care provider, and such

23  other data which are reasonably necessary to study utilization

24  patterns.

25         (c)  Data to be submitted by health insurers may

26  include, but are not limited to: claims, premium,

27  administration, and financial information.

28         (d)  Data required to be submitted by health care

29  facilities, health care providers, or health insurers shall

30  not include specific provider contract reimbursement

31  information. However, such specific provider reimbursement

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    Florida Senate - 2004                           CS for SB 2022
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 1  data shall be reasonably available for onsite inspection by

 2  the agency as is necessary to carry out the agency's

 3  regulatory duties. Any such data obtained by the agency as a

 4  result of onsite inspections may not be used by the state for

 5  purposes of direct provider contracting and are confidential

 6  and exempt from the provisions of s. 119.07(1) and s. 24(a),

 7  Art. I of the State Constitution.

 8         (e)  A requirement to submit data shall be adopted by

 9  rule if the submission of data is being required of all

10  members of any type of health care facility, health care

11  provider, or health insurer. Rules are not required, however,

12  for the submission of data for a special study mandated by the

13  Legislature or when information is being requested for a

14  single health care facility, health care provider, or health

15  insurer.

16         Section 5.  Subsection (3) of section 408.08, Florida

17  Statutes, is amended to read:

18         408.08  Inspections and audits; violations; penalties;

19  fines; enforcement.--

20         (3)  Any health care provider that refuses to file a

21  report, fails to timely file a report, files a false report,

22  or files an incomplete report and upon notification fails to

23  timely file a complete report required under s. 408.061; that

24  violates this section, s. 408.061, or s. 408.20, or rule

25  adopted thereunder; or that fails to provide documents or

26  records requested by the agency under this chapter shall be

27  referred to the appropriate licensing board which shall take

28  appropriate action against the health care provider.

29         Section 6.  Subsections (9) through (13) are added to

30  section 395.10973, Florida Statutes, to read:

31  

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    Florida Senate - 2004                           CS for SB 2022
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 1         395.10973  Powers and duties of the agency.--It is the

 2  function of the agency to:

 3         (9)(a)  Make available on its Internet website no later

 4  than October 1, 2004, and in a hard-copy format upon request,

 5  patient charge and performance outcome data collected as

 6  prescribed by rule on the effective data of this act from

 7  licensed facilities pursuant to s. 408.061(1)(a) and (2) for

 8  not less than 100 conditions or procedures and the volume of

 9  inpatient hospitalizations or procedures by the appropriate

10  Medicare diagnosis-related groups, International

11  Classification of Diseases 9 or Common Procedural Terminology

12  code. Procedures performed 50 or fewer times shall not be

13  included. The Internet website shall also provide an

14  interactive search that allows consumers to view and compare

15  the information for specific facilities, a map that allows

16  consumers to select a county or region, definitions of all of

17  the data, descriptions of each procedure, and an explanation

18  about why the data may differ from facility to facility. Such

19  public data shall be updated on a quarterly basis.

20         (b)  Analyze and trend for comparison by and between

21  facilities the gross charges for the 100 conditions or

22  procedures following an adjustment to reflect changes in

23  patient acuity, case mix, and severity of illness. This

24  information shall be posted annually on the agency's Internet

25  website.

26         (c)  Establish by rule the conditions and procedures to

27  be disclosed based upon input from the State Comprehensive

28  Health Information System Advisory Council. When determining

29  which conditions and procedures are to be disclosed, the

30  council and the agency shall consider their variation in

31  costs, variation in outcomes and magnitude of variations, and

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    Florida Senate - 2004                           CS for SB 2022
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 1  other relevant information so that the disclosed list of

 2  conditions and procedures will assist health care consumers in

 3  differentiating between facilities when making health

 4  treatment decisions. This data shall be adjusted for case mix

 5  and severity, if applicable, comparing volume of cases,

 6  patient charges, length of stay, readmission rates,

 7  complication rates, mortality rates, infection rates, and

 8  whether a health care facility uses any computerized drug

 9  order system.

10         (d)  Make available educational information relevant to

11  the disclosed 100 conditions and procedures pursuant to this

12  subsection, including, but not limited to, an explanation of

13  the medical condition or procedure, potential side effects,

14  alternative treatments and costs, and additional resources

15  that can assist consumers in informed decisionmaking. Such

16  information may be made available by linking consumers to

17  credible national resources such as, but not limited to, the

18  National Library of Medicine.

19         (10)  Publicly disclose comparison information as to

20  each medical condition or procedure pursuant to subsection

21  (9), including the age of the data and an explanation of the

22  methodology used to adjust the data, in language that is

23  understandable to laypersons and accessible to consumers using

24  an interactive query system to allow for the comparison of the

25  latest reported patient charge and performance outcome data

26  among all licensed facilities in the state. The agency shall

27  provide guidance to consumers on how to use this information

28  to make informed health care decisions.

29         (11)  Study and implement by October 1, 2005, the most

30  effective methods for public disclosure of patient charge and

31  performance outcome data pursuant to subsection (9), including

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    Florida Senate - 2004                           CS for SB 2022
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 1  additional mechanisms to deliver this information to

 2  consumers, that would enhance informed decisionmaking among

 3  consumers and health care purchasers. The agency shall also

 4  evaluate the value of disclosing additional measures that are

 5  adopted by the National Quality Forum, the Joint Commission on

 6  Accreditation of Healthcare Organizations, The Leapfrog Group,

 7  or a similar national entity that establishes standards to

 8  measure the performance of health care providers.

 9         (12)  Report its findings and recommendations pursuant

10  to subsection (11) to the Governor, the President of the

11  Senate, and the Speaker of the House of Representatives by

12  October 1, 2005, and on an annual basis thereafter. The agency

13  shall also make this annual report available to the public on

14  its Internet website.

15         (13)  Adopt rules to implement the provisions of

16  subsections (9) and (10) no later than January 15, 2005. Adopt

17  rules to implement the provisions of subsections (11) and (12)

18  by October 1, 2005.

19         Section 7.  Section 395.301, Florida Statutes, is

20  amended to read:

21         395.301  Itemized patient bill; form and content

22  prescribed by the agency.--

23         (1)  A licensed facility as defined in s. 395.002(17)

24  shall disclose to a prospective patient upon request, prior to

25  treatment being rendered or admission in a nonemergency

26  situation, a written good faith estimate of the reasonably

27  anticipated charges generally required for the facility to

28  treat the patient's condition. In order to comply with this

29  subsection, the facility may provide, upon request, the median

30  charges for its top 100 conditions or procedures by the

31  appropriate Medicare diagnosis-related group International

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    Florida Senate - 2004                           CS for SB 2022
    317-2463-04




 1  Classification of Diseases 9 or Common Procedural Terminology

 2  code. Upon request of the patient, the facility shall notify

 3  the patient of any revision to the good-faith estimate in a

 4  timely manner if the good-faith estimate represented one of

 5  the 100 conditions or procedures determined by the agency

 6  under s. 395.10973(9). Such estimate shall not prohibit the

 7  actual charges from exceeding the estimate.

 8         (2)(1)  A licensed facility not operated by the state

 9  shall notify each patient during admission and at discharge of

10  his or her right to receive an itemized bill upon request.

11  Within 7 days following the patient's discharge or release

12  from a licensed facility not operated by the state, or within

13  7 days after the earliest date at which the loss or expense

14  from the service may be determined, the licensed facility

15  providing the service shall, upon request, submit to the

16  patient, or to the patient's survivor or legal guardian, as

17  may be appropriate, an itemized statement detailing in

18  language comprehensible to an ordinary layperson the specific

19  nature of charges or expenses incurred by the patient, which

20  in the initial billing shall contain a statement of specific

21  services received and expenses incurred for such items of

22  service, enumerating in detail the constituent components of

23  the services received within each department of the licensed

24  facility and including unit price data on rates charged by the

25  licensed facility, as prescribed by the agency.

26         (3)(2)  Each such statement submitted pursuant to

27  subsection (2):

28         (a)  May not include charges of hospital-based

29  physicians if billed separately.

30  

31  

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    Florida Senate - 2004                           CS for SB 2022
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 1         (b)  May not include any generalized category of

 2  expenses such as "other" or "miscellaneous" or similar

 3  categories.

 4         (c)  Shall list drugs by brand or generic name and not

 5  refer to drug code numbers when referring to drugs of any

 6  sort.

 7         (d)  Shall specifically identify therapy treatment as

 8  to the date, type, and length of treatment when therapy

 9  treatment is a part of the statement. Any person receiving a

10  statement pursuant to this section shall be fully and

11  accurately informed as to each charge and service provided by

12  the institution preparing the statement.

13         (4)(3)  On each such itemized statement submitted

14  pursuant to subsection (2), there shall appear the words "A

15  FOR-PROFIT (or NOT-FOR-PROFIT or PUBLIC) HOSPITAL (or

16  AMBULATORY SURGICAL CENTER) LICENSED BY THE STATE OF FLORIDA"

17  or substantially similar words sufficient to identify clearly

18  and plainly the ownership status of the licensed facility.

19  Each itemized statement must prominently display the phone

20  number of the medical facility's patient liaison who is

21  responsible for expediting the resolution of any billing

22  dispute between the patient, or his or her representative, and

23  the billing department.

24         (5)(4)  An itemized bill shall be provided once to the

25  patient's physician at the physician's request, at no charge.

26         (6)(5)  In any billing for services subsequent to the

27  initial billing for such services, the patient, or the

28  patient's survivor or legal guardian, may elect, at his or her

29  option, to receive a copy of the detailed statement of

30  specific services received and expenses incurred for each such

31  item of service as provided in subsection (2)(1).

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    Florida Senate - 2004                           CS for SB 2022
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 1         (7)(6)  No physician, dentist, podiatric physician, or

 2  licensed facility may add to the price charged by any third

 3  party except for a service or handling charge representing a

 4  cost actually incurred as an item of expense; however, the

 5  physician, dentist, podiatric physician, or licensed facility

 6  is entitled to fair compensation for all professional services

 7  rendered. The amount of the service or handling charge, if

 8  any, shall be set forth clearly in the bill to the patient.

 9         (8)  A licensed facility shall make available to a

10  patient all records necessary for verification of the accuracy

11  of the patient's bill within 7 business days after the written

12  request for such records. The verification information must be

13  made available in the facility's offices. Such records shall

14  be available to the patient prior to and after payment of the

15  bill or claim. The facility may not charge the patient for

16  making such verification records available; however, the

17  facility may charge its usual fee for providing copies of

18  records as specified in s. 395.3025.

19         (9)  Each facility shall establish an impartial method

20  for reviewing written billing disputes of patients and provide

21  a written response, with a clear explanation of the grounds

22  for the response, to the patient making the dispute within 30

23  days after the receipt of the dispute. A facility shall

24  maintain a complete and accurate log of all disputes and shall

25  report to the agency the number of disputes, the total of the

26  charges subject to dispute, and a summary of the dispositions

27  of the disputes no later than January 1 of each year.

28         Section 8.  Subsection (7) of section 651.118, Florida

29  Statutes, is amended to read:

30         651.118  Agency for Health Care Administration;

31  certificates of need; sheltered beds; community beds.--

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    Florida Senate - 2004                           CS for SB 2022
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 1         (7)  Notwithstanding the provisions of subsection (2),

 2  at the discretion of the continuing care provider, sheltered

 3  nursing home beds may be used for persons who are not

 4  residents of the continuing care facility and who are not

 5  parties to a continuing care contract for a period of up to 5

 6  years after the date of issuance of the initial nursing home

 7  license.  A provider whose 5-year period has expired or is

 8  expiring may request the Agency for Health Care Administration

 9  for an extension, not to exceed 30 percent of the total

10  sheltered nursing home beds, if the utilization by residents

11  of the nursing home facility in the sheltered beds will not

12  generate sufficient income to cover nursing home facility

13  expenses, as evidenced by one of the following:

14         (a)  The nursing home facility has a net loss for the

15  most recent fiscal year as determined under generally accepted

16  accounting principles, excluding the effects of extraordinary

17  or unusual items, as demonstrated in the most recently audited

18  financial statement; or

19         (b)  The nursing home facility would have had a pro

20  forma loss for the most recent fiscal year, excluding the

21  effects of extraordinary or unusual items, if revenues were

22  reduced by the amount of revenues from persons in sheltered

23  beds who were not residents, as reported on by a certified

24  public accountant.

25  

26  The agency shall be authorized to grant an extension to the

27  provider based on the evidence required in this subsection.

28  The agency may request a continuing care facility to use up to

29  25 percent of the patient days generated by new admissions of

30  nonresidents during the extension period to serve Medicaid

31  recipients for those beds authorized for extended use if there

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    Florida Senate - 2004                           CS for SB 2022
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 1  is a demonstrated need in the respective service area and if

 2  funds are available. A provider who obtains an extension is

 3  prohibited from applying for additional sheltered beds under

 4  the provision of subsection (2), unless additional residential

 5  units are built or the provider can demonstrate need by

 6  continuing care facility residents to the Agency for Health

 7  Care Administration. The 5-year limit does not apply to up to

 8  five sheltered beds designated for inpatient hospice care as

 9  part of a contractual arrangement with a hospice licensed

10  under part VI of chapter 400. A continuing care facility that

11  uses such beds after the 5-year period shall report such use

12  to the Agency for Health Care Administration. For purposes of

13  this subsection, "resident" means a person who, upon admission

14  to the continuing care facility, initially resides in a part

15  of the continuing care facility not licensed under part II of

16  chapter 400.

17         Section 9.  This act shall take effect July 1, 2004.

18  

19          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
20                         Senate Bill 2022

21                                 

22  The Committee Substitute differs from SB 2022 in the following
    ways:
23  
    The bill has the popular name the "Health Care Consumer's
24  Right to Know Act."

25  The type of data the Agency for Health Care Administration
    must publish concerning patient charges and performance
26  outcomes is revised.

27  The composition of the State Comprehensive Health Information
    System Advisory Council is revised.
28  
    The bill revises requirements for the use of sheltered nursing
29  home beds in continuing care retirement communities.

30  

31  

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