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Senate Bill 0162c1

By the Committee on Banking and Insurance and Senator Brown-Waite 311-663A-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; requiring certain notice 24 to subscribers and providers of their right to 25 file grievances; providing for summary 26 hearings; providing for administrative 27 procedures; providing for attorney's fees and 28 costs; amending s. 641.511, F.S.; eliminating 29 annual grievance report filing; 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 CS for SB 162 311-663A-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 a health maintenance 9 organization or a prepaid health clinic certified under 10 chapter 641, a prepaid health plan authorized under s. 11 409.912, or an exclusive provider organization certified under 12 s. 627.6472. 13 (b) "Panel" means a statewide provider and subscriber 14 assistance panel selected as provided in subsection (11). 15 (2)(1) The agency for Health Care Administration shall 16 adopt and implement a program to provide assistance to 17 subscribers and providers, including those whose grievances 18 are not resolved by the 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 to the satisfaction of the 22 subscriber or provider. The program shall consist of one or 23 more panels that meet as often as necessary to timely review, 24 consider, and hear grievances and recommend to the agency or 25 the department any actions that should be taken concerning 26 individual cases heard by the panel. The panel shall hear 27 every grievance filed by subscribers and providers on behalf 28 of subscribers, unless the grievance not consider grievances 29 which: 30 (a) Relates to a managed care entity's Relate to an 31 accountable health partnership's, health maintenance 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 CS for SB 162 311-663A-98 1 organization's, prepaid health clinic's, prepaid health 2 plan's, or exclusive provider organization's refusal to accept 3 a provider into its network of providers; 4 (b) Is Are a part of a reconsideration appeal through 5 the Medicare appeals process which does not involve a quality 6 of care issue; 7 (c) Is Are related to a health plan not regulated by 8 the state such as an administrative services organization, 9 third-party administrator, or federal employee health benefit 10 program; 11 (d) Is Are related to appeals by in-plan suppliers and 12 providers, unless related to quality of care provided by the 13 plan; or 14 (e) Is Are part of a Medicaid fair hearing pursued 15 under pursuant to 42 C.F.R. ss. 431.220 et seq. 16 (f) Is the basis for an action pending in state or 17 federal court; 18 (g) Is related to an appeal by nonparticipating 19 providers, unless related to the quality of care provided to a 20 subscriber by the managed care entity and the provider is 21 involved in the care provided to the subscriber; 22 (h) Was filed before the subscriber or provider 23 completed the entire internal grievance procedure of the 24 managed care entity, the managed care entity has complied with 25 its timeframes for completing the internal grievance 26 procedure, and the circumstances described in subsection (6) 27 do not apply; 28 (i) Has been resolved to the satisfaction of the 29 subscriber or provider who filed the grievance, unless the 30 managed care entity's initial action is egregious or may be 31 indicative of a pattern of inappropriate behavior; 3 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 CS for SB 162 311-663A-98 1 (j) Is limited to seeking damages for pain and 2 suffering, lost wages, or other incidental expenses; 3 (k) Is limited to issues involving conduct of a health 4 care provider or facility, staff member, or employee of a 5 managed care entity which constitute grounds for disciplinary 6 action by the appropriate professional licensing board and is 7 not indicative of a pattern of inappropriate behavior, and the 8 agency or department has reported these grievances to the 9 appropriate professional licensing board or to the health 10 facility regulation section of the agency for possible 11 investigation; or 12 (l) Is withdrawn by the subscriber or provider. 13 Failure of the subscriber or the provider to attend the 14 hearing shall be considered a withdrawal of the grievance. 15 (3) The agency shall review all grievances within 60 16 days after receipt and make a determination whether the 17 grievance shall be heard. Once the agency notifies the panel, 18 the subscriber or provider, and the managed care entity that a 19 grievance will be heard by the panel, the panel shall hear the 20 grievance either in the network area or by teleconference no 21 later than 120 days after the date the grievance was filed. 22 The agency shall notify the parties, in writing, by facsimile 23 transmission, or by phone, of the time and place of the 24 hearing. The panel may take testimony under oath, request 25 certified copies of documents, and take similar actions to 26 collect information and documentation that will assist the 27 panel in making findings of fact and a recommendation. The 28 panel shall issue a written recommendation, supported by 29 findings of fact, to the provider or subscriber, to the 30 managed care entity, and to the agency or the department no 31 later than 15 working days after hearing the grievance. If at 4 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 CS for SB 162 311-663A-98 1 the hearing the panel requests additional documentation or 2 additional records, the time for issuing a recommendation is 3 tolled until the information or documentation requested has 4 been provided to the panel. The proceedings of the panel are 5 not subject to chapter 120. 6 (4) If, upon receiving a proper patient authorization 7 along with a properly filed grievance, the agency requests 8 medical records from a health care provider or managed care 9 entity, the health care provider or managed care entity that 10 has custody of the records has 10 days to provide the records 11 to the agency. Failure to provide requested medical records 12 may result in the imposition of a fine of up to $500. Each 13 day that records are not produced is considered a separate 14 violation. 15 (5) Grievances that the agency determines pose an 16 immediate and serious threat to a subscriber's health must be 17 given priority over other grievances. The panel may meet at 18 the call of the chair to hear the grievances as quickly as 19 possible but no later than 45 days after the date the 20 grievance is filed, unless the panel receives a waiver of the 21 time requirement from the subscriber. The panel shall issue a 22 written recommendation, supported by findings of fact, to the 23 department or the agency within 10 days after hearing the 24 expedited grievance. 25 (6) When the agency determines that the life of a 26 subscriber is in imminent and emergent jeopardy, the chair of 27 the panel may convene an emergency hearing, within 24 hours 28 after notification to the managed care entity and to the 29 subscriber, to hear the grievance. The grievance must be 30 heard notwithstanding that the subscriber has not completed 31 the internal grievance procedure of the managed care entity. 5 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 CS for SB 162 311-663A-98 1 The panel shall, upon hearing the grievance, issue a written 2 emergency recommendation, supported by findings of fact, to 3 the managed care entity, to the subscriber, and to the agency 4 or the department for the purpose of deferring the imminent 5 and emergent jeopardy to the subscriber's life. Within 24 6 hours after receipt of the panel's emergency recommendation, 7 the agency or department may issue an emergency order to the 8 managed care entity. An emergency order remains in force 9 until: 10 (a) The grievance has been resolved by the managed 11 care entity; 12 (b) Medical intervention is no longer necessary; or 13 (c) The panel has conducted a full hearing under 14 subsection (3) and issued a recommendation to the agency or 15 the department, and the agency or department has issued a 16 final order. 17 (7) After hearing a grievance, the panel shall make a 18 recommendation to the agency or the department which may 19 include specific actions the managed care entity must take to 20 comply with state laws or rules regulating managed care 21 entities. 22 (8) A managed care entity, subscriber, or provider 23 that is affected by a panel recommendation may within 10 days 24 after receipt of the panel's recommendation, or 72 hours after 25 receipt of a recommendation in an expedited grievance, furnish 26 to the agency or department written evidence in opposition to 27 the recommendation or findings of fact of the panel. 28 (9) No later than 30 days after the issuance of the 29 panel's recommendation and, for an expedited grievance, no 30 later than 10 days after the issuance of the panel's 31 recommendation, the agency or the department may adopt the 6 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 CS for SB 162 311-663A-98 1 panel's recommendation or findings of fact in a proposed order 2 or an emergency order, as provided in chapter 120, which it 3 shall issue to the managed care entity. The agency or 4 department may issue a proposed order or an emergency order, 5 as provided in chapter 120, imposing fines or sanctions, 6 including those contained in ss. 641.25 and 641.52. The 7 agency or the department may reject all or part of the panel's 8 recommendation. All fines collected under this subsection must 9 be deposited into the Health Care Trust Fund. 10 (10) In determining any fine or sanction to be 11 imposed, the agency and the department may consider the 12 following factors: 13 (a) The severity of the noncompliance, including the 14 probability that death or serious harm to the health or safety 15 of the subscriber will result or has resulted, the severity of 16 the actual or potential harm, and the extent to which 17 provisions of chapter 641 were violated. 18 (b) Actions taken by the managed care entity to 19 resolve or remedy any quality-of-care grievance. 20 (c) Any previous incidents of noncompliance by the 21 managed care entity. 22 (d) Any other relevant factors the agency or 23 department considers appropriate in a particular grievance. 24 (2) The program shall include the following: 25 (a) A review panel which may periodically review, 26 consider, and recommend to the agency any actions the agency 27 or the Department of Insurance should take concerning 28 individual cases heard by the panel, as well as the types of 29 grievances which have not been satisfactorily resolved after 30 subscribers or providers have followed the full grievance 31 procedures of the accountable health partnership, health 7 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 CS for SB 162 311-663A-98 1 maintenance organization, prepaid health clinic, prepaid 2 health plan, or exclusive provider organization. The 3 proceedings of the grievance panel shall not be subject to the 4 provisions of chapter 120. 5 (11) The review panel shall consist of members 6 employed by the agency and members employed by the department 7 of Insurance, chosen by their respective agencies. The agency 8 may contract with a medical director and a primary care 9 physician who shall provide additional technical expertise to 10 the review panel. The medical director shall be selected from 11 a health maintenance organization with a current certificate 12 of authority to operate in Florida. 13 (b) A plan to disseminate information concerning the 14 program to the general public as widely as possible. 15 (12)(3) Every managed care entity accountable health 16 partnership, health maintenance organization, prepaid health 17 clinic, prepaid health plan authorized pursuant to s. 409.912, 18 or exclusive provider organization shall submit a quarterly 19 report to the agency and the department of Insurance listing 20 the number and the nature of all subscribers' and providers' 21 grievances which have not been resolved to the satisfaction of 22 the subscriber or provider after the subscriber or provider 23 follows the entire internal full grievance procedure of the 24 managed care entity organization. The agency shall notify all 25 subscribers and providers included in the quarterly reports of 26 their right to file an unresolved grievance with the panel. 27 (4)(a) The Agency for Health Care Administration may 28 impose an administrative fine, after a formal investigation 29 has been conducted on the accountable health partnership's, 30 health maintenance organization's, prepaid health clinic's, 31 prepaid health plan's, or exclusive provider organization's 8 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 CS for SB 162 311-663A-98 1 failure to comply with quality of health services standards 2 set forth in statute or rule. The Agency for Health Care 3 Administration may initiate such an investigation based on the 4 recommendations related to the quality of health services 5 received from the Statewide Provider and Subscriber Assistance 6 Panel pursuant to paragraph (2)(a). The fine shall not exceed 7 $2,500 per violation and in no event shall such fine exceed an 8 aggregate amount of $10,000 for noncompliance arising out of 9 the same action. 10 (b) In determining the amount to be levied for 11 noncompliance under paragraph (a), the following factors shall 12 be considered: 13 1. The severity of the noncompliance, including the 14 probability that death or serious harm to the health or safety 15 of the subscriber will result or has resulted, the severity of 16 actual or potential harm and the extent to which provisions of 17 this part were violated. 18 2. Actions taken by the accountable health 19 partnership, health maintenance organization, prepaid health 20 clinic, prepaid health plan, or exclusive provider 21 organization to resolve or remedy any quality of care 22 grievance. 23 3. Any previous incidences of noncompliance by the 24 accountable health partnership, health maintenance 25 organization, prepaid health clinic, prepaid health plan, or 26 exclusive provider organization. 27 (c) All amounts collected pursuant to this subsection 28 shall be deposited into the Health Care Trust Fund. 29 (13)(5) Any information which would identify a 30 subscriber or the spouse, relative, or guardian of a 31 subscriber and which is contained in a report obtained by the 9 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 CS for SB 162 311-663A-98 1 Department of Insurance pursuant to this section is 2 confidential and exempt from the provisions of s. 119.07(1) 3 and s. 24(a), Art. I of the State Constitution. 4 (14) A proposed order issued by the agency or 5 department which only requires the managed care entity to take 6 a specific action under subsection (7), is subject to a 7 summary hearing in accordance with s. 120.574, unless all of 8 the parties agree otherwise. If the managed care entity does 9 not prevail at the hearing, the managed care entity must pay 10 reasonable costs and attorney's fees of the agency or the 11 department incurred in that proceeding. 12 Section 2. Subsection (7) of section 641.511, Florida 13 Statutes, is amended to read: 14 641.511 Subscriber grievance reporting and resolution 15 requirements.-- 16 (7) Each organization shall send to the agency a copy 17 of its annual and quarterly grievance reports submitted to the 18 Department of Insurance pursuant to s. 408.7056(12)(2). 19 Section 3. There is appropriated to the Agency for 20 Health Care Administration for fiscal year 1998-1999 a total 21 of 6 full-time-equivalent positions and $308,830 from the 22 Health Care Trust Fund for 9 months' funding for the purpose 23 of implementing this act. 24 Section 4. This act shall take effect July 1, 1998. 25 26 27 28 29 30 31 10 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 CS for SB 162 311-663A-98 1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN COMMITTEE SUBSTITUTE FOR 2 Senate Bill 162 3 4 Requires the Statewide Subscriber and Assistance Panel to issue a written recommendation, supported by findings of fact 5 after hearing a grievance. 6 Authorizes the Agency for Health Care Administration or the Department of Insurance to issue a proposed order or emergency 7 order, as provided in chapter 120, F.S., imposing fines or sanctions. 8 Requires a proposed order issued by the agency or the 9 department, that only requires the managed care entity to take a specific action, to be subject to a summary hearing, unless 10 all parties agree otherwise. 11 Deletes specific conditions which the agency or department may use as a basis for rejecting all or part of the panel's 12 recommendations. 13 Increases the number of full-time-equivalent positions from five to six and increases funding for implementing the act in 14 fiscal year 1998 from $247,396 to $308,830. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11