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Senate Bill 0162

Florida Senate - 1998 SB 162 By Senator Brown-Waite 10-174-98 1 A bill to be entitled 2 An act relating to the Statewide Provider and 3 Subscriber Assistance Program; amending s. 4 408.7056, F.S.; providing definitions; revising 5 criteria and procedures for review of 6 grievances against a managed care entity by the 7 statewide provider and subscriber assistance 8 panel; providing for initial review by the 9 Agency for Health Care Administration; 10 providing time requirements for panel hearings 11 and recommendations, and final orders of the 12 agency or the Department of Insurance; 13 providing for notice; providing requirements 14 for expedited or emergency hearings; providing 15 an exemption from the Administrative Procedures 16 Act; providing for requests for patient 17 records; authorizing an administrative fine for 18 failure to timely provide records; providing 19 for furnishing of evidence in opposition to 20 panel recommendations; providing for adoption 21 of panel recommendations in final orders of the 22 agency or department; authorizing imposition of 23 fines and sanctions; specifying conditions for 24 rejection of panel recommendations; requiring 25 certain notice to subscribers and providers of 26 their right to file grievances; creating s. 27 408.7057, F.S.; providing for appeals; 28 providing for attorney's fees and costs; 29 amending s. 641.511, F.S.; correcting a 30 cross-reference; providing an appropriation; 31 providing an effective date. 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 162 10-174-98 1 Be It Enacted by the Legislature of the State of Florida: 2 3 Section 1. Section 408.7056, Florida Statutes, is 4 amended to read: 5 408.7056 Statewide Provider and Subscriber Assistance 6 Program.-- 7 (1) As used in this section, the term: 8 (a) "Managed care entity" means an accountable health 9 partnership certified under s. 408.706, a health maintenance 10 organization certified under chapter 641, a prepaid health 11 clinic, a prepaid health plan authorized under s. 409.912, or 12 an exclusive provider organization certified under s. 13 627.6472. 14 (b) "Panel" means a statewide provider and subscriber 15 assistance panel selected as provided in subsection (11). 16 (2)(1) The agency for Health Care Administration shall 17 adopt and implement a program to provide assistance to 18 subscribers and providers, including those whose grievances 19 are not resolved by the managed care entity accountable health 20 partnership, health maintenance organization, prepaid health 21 clinic, prepaid health plan authorized pursuant to s. 409.912, 22 or exclusive provider organization to the satisfaction of the 23 subscriber or provider. The program shall consist of a panel 24 that meets as often as necessary to timely review, consider, 25 and hear grievances and recommend to the agency or the 26 department any actions that should be taken concerning 27 individual cases heard by the panel. The panel shall hear 28 every grievance filed by subscribers and providers on behalf 29 of subscribers, unless the grievance not consider grievances 30 which: 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 162 10-174-98 1 (a) Relates to a managed care entity's Relate to an 2 accountable health partnership's, health maintenance 3 organization's, prepaid health clinic's, prepaid health 4 plan's, or exclusive provider organization's refusal to accept 5 a provider into its network of providers; 6 (b) Is Are a part of a reconsideration appeal through 7 the Medicare appeals process that does not involve a quality 8 of care issue; 9 (c) Is Are related to a health plan not regulated by 10 the state such as an administrative services organization, 11 third-party administrator, or federal employee health benefit 12 program; 13 (d) Is Are related to appeals by in-plan suppliers and 14 providers, unless related to quality of care provided by the 15 plan; or 16 (e) Is Are part of a Medicaid fair hearing pursued 17 pursuant to 42 C.F.R. ss. 431.220 et seq. 18 (f) Is the basis for an action pending in state or 19 federal court; 20 (g) Is related to an appeal by nonparticipating 21 providers, unless related to the quality of care provided to a 22 subscriber by the managed care entity and the provider is 23 involved in the care provided to the subscriber; 24 (h) Was filed before the subscriber or provider 25 completed the entire internal grievance procedure of the 26 managed care entity, the managed care entity has complied with 27 its timeframes for completing the internal grievance 28 procedure, and the circumstances described in subsection (6) 29 do not apply; 30 (i) Has been resolved to the satisfaction of the 31 subscriber or provider who filed the grievance, unless the 3 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 162 10-174-98 1 managed care entity's initial action is egregious or may be 2 indicative of a pattern of inappropriate behavior; 3 (j) Is limited to seeking damages for pain and 4 suffering, lost wages, or other incidental expenses; 5 (k) Is limited to issues involving conduct of a health 6 care provider or facility, staff member, or employee of a 7 managed care entity which constitute grounds for disciplinary 8 action by the appropriate professional licensing board and is 9 not indicative of a pattern of inappropriate behavior, and the 10 agency or department has reported these grievances to the 11 appropriate professional licensing board or to the health 12 facility regulation section of the agency for possible 13 investigation; or 14 (l) Is withdrawn by the subscriber or provider. 15 Failure of the subscriber or the provider to attend the 16 hearing shall be considered a withdrawal of the grievance. 17 (3) The agency shall review all grievances within 60 18 days after receipt and make a determination whether the 19 grievance shall be heard. Once the agency notifies the panel, 20 the subscriber or provider, and the managed care entity that a 21 grievance will be heard by the panel, the panel shall hear the 22 grievance either in the network area or by teleconference no 23 later than 120 days after the date the grievance was filed. 24 The panel shall issue a recommendation to the provider or 25 subscriber, to the managed care entity, and to the agency or 26 the department no later than 15 working days after hearing the 27 grievance. If at the hearing the panel requests additional 28 documentation or additional records, the time for issuing a 29 recommendation is tolled until the information or 30 documentation requested has been provided to the panel. The 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 162 10-174-98 1 proceedings of the panel are not subject to the provisions of 2 chapter 120. 3 (4) If, upon receiving a proper patient authorization 4 along with a properly filed grievance, the agency requests 5 medical records from a health care provider or managed care 6 entity, the health care provider or managed care entity that 7 has custody of the records has 10 days to provide the records 8 to the agency. Failure to provide requested medical records 9 may result in the imposition of a fine of up to $500. Each 10 day that records are not produced is considered a separate 11 violation. 12 (5) Grievances that the agency determines pose an 13 immediate and serious threat to a subscriber's health shall be 14 given priority over other grievances. The panel may meet at 15 the call of the chair to hear the grievances as quickly as 16 possible but no later than 45 days after the date the 17 grievance is filed, unless the panel receives a waiver of the 18 time requirement from the subscriber. The panel shall issue a 19 recommendation to the department or the agency within 10 days 20 after hearing the expedited grievance. 21 (6) When the agency determines that the life of a 22 subscriber is in imminent and emergent jeopardy, the chair of 23 the panel may convene an emergency hearing, within 24 hours 24 after notification to the managed care entity and to the 25 subscriber, to hear the grievance. The grievance must be 26 heard notwithstanding that the subscriber has not completed 27 the internal grievance procedure of the managed care entity. 28 The panel shall, upon hearing the grievance, issue an 29 emergency recommendation to the managed care entity, to the 30 subscriber, and to the agency or the department for the 31 purpose of deferring the imminent and emergent jeopardy to the 5 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 162 10-174-98 1 subscriber's life. Within 24 hours after receipt of the 2 panel's emergency recommendation, the agency or department may 3 issue an emergency order to the managed care entity. The 4 emergency order remains in force and effect until such time 5 as: 6 (a) The grievance has been resolved by the managed 7 care entity; 8 (b) Medical intervention is no longer necessary; or 9 (c) The panel has conducted a full hearing under 10 subsection (3) and issued a recommendation to the agency or 11 the department, and the agency or department has issued a 12 final order. 13 (7) After hearing a grievance, the panel shall make a 14 recommendation to the agency or the department which may 15 include specific actions the managed care entity must take to 16 comply with state laws or rules regulating managed care 17 entities. 18 (8) A managed care entity, subscriber, or provider 19 that is affected by a panel recommendation may within 10 days 20 after receipt of the panel's recommendation, or 72 hours after 21 receipt of a recommendation in an expedited grievance, furnish 22 to the agency or department written evidence in opposition to 23 the recommendation of the panel. 24 (9) No later than 30 days after the issuance of the 25 panel's recommendation and, for an expedited grievance, no 26 later than 10 days after the issuance of the panel's 27 recommendation, the agency or the department may adopt the 28 panel's recommendation in an order that it shall issue to the 29 managed care entity. The agency's or department's order may 30 impose fines or sanctions, including those contained in ss. 31 641.25 and 641.52. The agency or the department may reject 6 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 162 10-174-98 1 all or part of the panel's recommendation if the 2 recommendation: 3 (a) Violates state or federal law, rules, or 4 regulations; 5 (b) Is inconsistent with previous agency or department 6 interpretations of state laws or rules regulating managed care 7 entities; or 8 (c) Is determined by the agency or department to be 9 unsupported by the facts. 10 11 All fines collected under this subsection shall be deposited 12 into the Health Care Trust Fund. 13 (10) In determining any fine or sanction to be 14 imposed, the agency and the department may consider the 15 following factors: 16 (a) The severity of the noncompliance, including the 17 probability that death or serious harm to the health or safety 18 of the subscriber will result or has resulted, the severity of 19 the actual or potential harm, and the extent to which 20 provisions of chapter 641 were violated. 21 (b) Actions taken by the managed care entity to 22 resolve or remedy any quality-of-care grievance. 23 (c) Any previous incidents of noncompliance by the 24 managed care entity. 25 (d) Any other relevant factors the agency or 26 department deems appropriate in a particular grievance. 27 (2) The program shall include the following: 28 (a) A review panel which may periodically review, 29 consider, and recommend to the agency any actions the agency 30 or the Department of Insurance should take concerning 31 individual cases heard by the panel, as well as the types of 7 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 162 10-174-98 1 grievances which have not been satisfactorily resolved after 2 subscribers or providers have followed the full grievance 3 procedures of the accountable health partnership, health 4 maintenance organization, prepaid health clinic, prepaid 5 health plan, or exclusive provider organization. The 6 proceedings of the grievance panel shall not be subject to the 7 provisions of chapter 120. 8 (11) The review panel shall consist of members 9 employed by the agency and members employed by the department 10 of Insurance, chosen by their respective agencies. The agency 11 may contract with a medical director and a primary care 12 physician who shall provide additional technical expertise to 13 the review panel. The medical director shall be selected from 14 a health maintenance organization with a current certificate 15 of authority to operate in Florida. 16 (b) A plan to disseminate information concerning the 17 program to the general public as widely as possible. 18 (12)(3) Every managed care entity accountable health 19 partnership, health maintenance organization, prepaid health 20 clinic, prepaid health plan authorized pursuant to s. 409.912, 21 or exclusive provider organization shall submit a quarterly 22 report to the agency and the department of Insurance listing 23 the number and the nature of all subscribers' and providers' 24 grievances which have not been resolved to the satisfaction of 25 the subscriber or provider after the subscriber or provider 26 follows the entire internal full grievance procedure of the 27 managed care entity organization. The agency shall notify all 28 subscribers and providers included in the quarterly reports of 29 their right to file an unresolved grievance with the panel. 30 (4)(a) The Agency for Health Care Administration may 31 impose an administrative fine, after a formal investigation 8 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 162 10-174-98 1 has been conducted on the accountable health partnership's, 2 health maintenance organization's, prepaid health clinic's, 3 prepaid health plan's, or exclusive provider organization's 4 failure to comply with quality of health services standards 5 set forth in statute or rule. The Agency for Health Care 6 Administration may initiate such an investigation based on the 7 recommendations related to the quality of health services 8 received from the Statewide Provider and Subscriber Assistance 9 Panel pursuant to paragraph (2)(a). The fine shall not exceed 10 $2,500 per violation and in no event shall such fine exceed an 11 aggregate amount of $10,000 for noncompliance arising out of 12 the same action. 13 (b) In determining the amount to be levied for 14 noncompliance under paragraph (a), the following factors shall 15 be considered: 16 1. The severity of the noncompliance, including the 17 probability that death or serious harm to the health or safety 18 of the subscriber will result or has resulted, the severity of 19 actual or potential harm and the extent to which provisions of 20 this part were violated. 21 2. Actions taken by the accountable health 22 partnership, health maintenance organization, prepaid health 23 clinic, prepaid health plan, or exclusive provider 24 organization to resolve or remedy any quality of care 25 grievance. 26 3. Any previous incidences of noncompliance by the 27 accountable health partnership, health maintenance 28 organization, prepaid health clinic, prepaid health plan, or 29 exclusive provider organization. 30 (c) All amounts collected pursuant to this subsection 31 shall be deposited into the Health Care Trust Fund. 9 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 162 10-174-98 1 (13)(5) Any information which would identify a 2 subscriber or the spouse, relative, or guardian of a 3 subscriber and which is contained in a report obtained by the 4 Department of Insurance pursuant to this section is 5 confidential and exempt from the provisions of s. 119.07(1) 6 and s. 24(a), Art. I of the State Constitution. 7 Section 2. Section 408.7057, Florida Statutes, is 8 created to read: 9 408.7057 Hearings appealing orders of the department 10 or agency based on recommendations of statewide provider and 11 subscriber assistance panel.-- 12 (1) Orders issued by the agency or department which 13 require the managed care entity to take specific actions as 14 authorized by s. 408.7056(7) are subject to summary hearings 15 in accordance with s. 120.574, except as provided for in 16 subsection (2). 17 (2) If the order of the agency or department imposes 18 fines or sanctions, the findings must be bifurcated and only 19 that portion of the order which relates to the requirement 20 that the managed care entity take specific actions as 21 specified in s. 408.7056(7) is subject to a summary hearing 22 under s. 120.574. All parties must agree to the summary 23 proceedings. The remainder of the order is subject to 24 administrative review otherwise provided for in chapter 120. 25 (3) If a hearing is held in accordance with subsection 26 (1) and the managed care entity does not prevail at the 27 hearing, the managed care entity shall pay reasonable costs 28 and attorney's fees incurred in that proceeding by the agency 29 or department. 30 (4) All other orders of the department or agency based 31 on recommendations of the statewide provider and subscriber 10 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 162 10-174-98 1 assistance panel are not subject to a summary hearing or 2 payment of costs and attorney's fees as specified in 3 subsection (3), but are subject to administrative review as 4 otherwise provided for in chapter 120. 5 Section 3. Subsection (7) of section 641.511, Florida 6 Statutes, is amended to read: 7 641.511 Subscriber grievance reporting and resolution 8 requirements.-- 9 (7) Each organization shall send to the agency a copy 10 of its annual and quarterly grievance reports submitted to the 11 Department of Insurance pursuant to s. 408.7056(12)(2). 12 Section 4. There is hereby appropriated to the Agency 13 for Health Care Administration for fiscal year 1998-1999 a 14 total of 5 full-time-equivalent positions and $247,396 from 15 the Health Care Trust Fund for 9 months' funding for the 16 purpose of implementing this act. Of this amount, $25,912 is 17 nonrecurring. 18 Section 5. This act shall take effect July 1, 1998. 19 20 21 22 23 24 25 26 27 28 29 30 31 11 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 SB 162 10-174-98 1 ***************************************** 2 LEGISLATIVE SUMMARY 3 Revises criteria and procedures for review of grievances 4 against managed care entities under the Statewide Provider and Subscriber Assistance Program. Provides for 5 review of grievances by the Agency for Health Care Administration prior to referral to the statewide 6 subscriber and provider assistance panel. Expands the list of circumstances under which a grievance will not be 7 heard. Specifies time requirements for panel hearings and recommendations, and for final orders by the agency or 8 the Department of Insurance, including requirements for expedited or emergency procedures. Provides certain 9 notification requirements. Exempts grievance proceedings and final orders from the provisions of ch. 120, F.S., 10 the Administrative Procedures Act. Authorizes the agency to obtain patient medical records for grievance review, 11 and to impose a fine of up to $500 per day of violation against an entity that fails to timely provide the 12 records. Provides for furnishing of evidence in opposition to panel recommendations. Provides for 13 adoption of panel recommendations in final orders of the agency or department. Authorizes impositions of fines and 14 sanctions. Provides conditions for rejection of panel recommendations. Requires the agency and department to 15 notify certain subscribers and providers of their right to file a grievance. Provides for appeals and for 16 attorney's fees and costs. Provides an appropriation to implement the act for 9 months. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 12