House Bill 3731

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    Florida House of Representatives - 1998                HB 3731

        By Representative Byrd






  1                      A bill to be entitled

  2         An act relating to health insurance; amending

  3         s. 636.003, F.S.; providing a definition;

  4         amending s. 636.009, F.S.; providing an

  5         additional condition upon issuance of a

  6         certificate of authority under certain

  7         circumstances; amending s. 636.016, F.S.;

  8         requiring the provision of certain information;

  9         amending s. 636.035, F.S.; clarifying

10         limitations on certain provider arrangements;

11         amending s. 636.038, F.S.; specifying

12         procedures and requirements for grievance

13         reporting and resolution; providing duties and

14         responsibilities of the Department of

15         Insurance; amending s. 627.638, F.S.;

16         prohibiting refusal to pay certain benefits

17         under certain circumstances; providing an

18         effective date.

19

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

21

22         Section 1.  Subsections (1)-(17) of section 636.003,

23  Florida Statutes, are renumbered as subsections (2)-(18), and

24  a new subsection (1) is added to said section, to read:

25         636.003  Definitions.--As used in this act, the term:

26         (1)  "Adverse determination" means a coverage

27  determination by a prepaid limited health service organization

28  that an admission, availability of care, continued stay, or

29  other health care service has been reviewed and, based upon

30  the information provided, does not meet the organization's

31  requirements for medical necessity, appropriateness, health

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    Florida House of Representatives - 1998                HB 3731

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  1  care setting, level of care, or effectiveness, and coverage

  2  for the requested service is therefore denied, reduced, or

  3  terminated, or an alternative benefit is applied.

  4         Section 2.  Paragraph (m) is added to subsection (1) of

  5  section 636.009, Florida Statutes, to read:

  6         636.009  Issuance of certificate of authority;

  7  denial.--

  8         (1)  Following receipt of an application filed pursuant

  9  to s. 636.008, the department shall review such application

10  and notify the applicant of any deficiencies contained

11  therein.  The department shall issue a certificate of

12  authority to an applicant who has filed a completed

13  application in conformity with s. 636.008, upon payment of the

14  fees specified by s. 636.057 and upon the department being

15  satisfied that the following conditions are met:

16         (m)  In the case of a prepaid limited health services

17  organization offering dental services, that a dental director,

18  who is a dentist licensed under chapter 466, has been

19  designated.

20         Section 3.  Subsection (13) is added to section

21  636.016, Florida Statutes, to read:

22         636.016  Prepaid limited health service contracts.--For

23  any entity licensed prior to October 1, 1993, all subscriber

24  contracts in force at such time shall be in compliance with

25  this section upon renewal of such contract.

26         (13)  Each prepaid limited health service organization

27  shall make available to each subscriber, upon request, a

28  detailed description of the process the organization uses to

29  authorize and refer services, determine whether services are

30  medically necessary, determine when alternative services are

31  applied, or examine the qualifications and credentials of

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    Florida House of Representatives - 1998                HB 3731

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  1  providers under contract with the organization. Such

  2  organization shall immediately report to the department any

  3  change by the organization in any such process or in the

  4  organization's definition of "medically necessary" or

  5  "alternative services."

  6         Section 4.  Subsections (2) and (3) of section 636.035,

  7  Florida Statutes, are amended to read:

  8         636.035  Provider arrangements.--

  9         (2)  A No subscriber, who is in good standing, of a

10  prepaid limited health service organization is not liable to

11  any provider who has contracted with the prepaid limited of

12  health service organization care services for any services

13  covered by the prepaid limited health service organization

14  with which the subscriber and provider have contracted.

15         (3)  A No provider who has contracted with a of prepaid

16  limited health care service organization services or any

17  representative of such provider may not collect or attempt to

18  collect from a subscriber, who is in good standing, any money

19  for services covered by a prepaid limited health service

20  organization with whom the provider has contracted, and no

21  provider or representative of such provider may maintain any

22  action against a subscriber of the a prepaid limited health

23  service organization to collect money owed to such provider by

24  the a prepaid limited health service organization.

25         Section 5.  Section 636.038, Florida Statutes, is

26  amended to read:

27         Substantial rewording of section.  See

28         s. 636.038, F.S., for present text.

29         636.038  Subscriber grievance reporting and resolution

30  requirements.--

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  1         (1)  For purposes of this section, organization means a

  2  prepaid limited health service organization. Each organization

  3  must have a grievance procedure available to its subscribers

  4  for the purpose of addressing complaints and grievances. Each

  5  organization must notify its subscribers that a subscriber

  6  must submit a grievance within 1 year after the date of

  7  occurrence of the action that initiated the grievance and may

  8  submit the grievance for review to the department after

  9  receiving a final disposition of the grievance through the

10  organization's grievance process.  An organization shall

11  maintain records of all grievances and shall report annually

12  to the department the total number of grievances handled, a

13  categorization of the cases underlying the grievances, and the

14  final disposition of the grievances.

15         (2)  When an organization receives an initial complaint

16  from a subscriber, the organization must respond to the

17  complaint within a reasonable time after its submission.  At

18  the time of receipt of the initial complaint, the organization

19  shall inform the subscriber that the subscriber has a right to

20  file a written grievance at any time and that assistance in

21  preparing the written grievance shall be provided by the

22  organization.

23         (3)  Each organization's grievance procedure, as

24  required under subsection (1), must include, at a minimum:

25         (a)  An explanation of how to pursue redress of a

26  grievance.

27         (b)  The names of the appropriate employees or a list

28  of grievance departments that are responsible for implementing

29  the organization's grievance procedure.  The list must include

30  the address and the toll-free telephone number of each

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  1  grievance department and the address of the department and its

  2  toll-free telephone hotline number.

  3         (c)  A description of the process through which a

  4  subscriber may, at any time, contact the toll-free telephone

  5  hotline of the department to inform it of the unresolved

  6  grievance, the toll-free telephone number of the department's

  7  consumer services hotline, and a description of how consumer

  8  services may assist in resolving the grievance.

  9         (d)  A process whereby the grievance manager

10  acknowledges the grievance and investigates the grievance in

11  order to notify the subscriber of a final decision in writing.

12         (e)  A procedure for providing individuals who are

13  unable to submit a written grievance with access to the

14  grievance process, which shall include assistance by the

15  organization in preparing the grievance and communicating back

16  to the subscriber.

17         (4)(a)  With respect to a grievance concerning an

18  adverse determination, an organization shall make available to

19  the subscriber a review of the grievance by an internal review

20  panel; such review must be requested within 30 days after the

21  organization's transmittal of the final determination notice

22  of an adverse determination.  A majority of the panel shall be

23  persons who previously were not involved in the initial

24  adverse determination.  A person who previously was involved

25  in the adverse determination may appear before the panel to

26  present information or answer questions.  The panel shall have

27  the authority to bind the organization to the panel's

28  decision.

29         (b)  An organization shall ensure that a majority of

30  the persons reviewing a grievance involving an adverse

31  determination are providers who have appropriate expertise.

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  1  An organization shall issue a copy of the written decision of

  2  the review panel to the subscriber and to the provider, if

  3  any, who submits a grievance on behalf of a subscriber. In

  4  cases where there has been a denial of coverage of service,

  5  the reviewing provider shall not be a provider previously

  6  involved with the adverse determination.

  7         (c)  An organization shall establish written procedures

  8  for a review of an adverse determination.  Review procedures

  9  shall be available to the subscriber and to a provider acting

10  on behalf of a subscriber.

11         (d)  In any case when the review process does not

12  resolve a difference of opinion between the organization and

13  the subscriber or the provider acting on behalf of the

14  subscriber, the subscriber or the provider acting on behalf of

15  the subscriber may submit a written grievance to the

16  department.

17         (5)  Except as provided in subsection (6), the

18  organization shall resolve a grievance within 60 days after

19  receipt of the grievance, or within a maximum of 90 days if

20  the grievance involves the collection of information outside

21  the service area. These time limitations are tolled if the

22  organization has notified the subscriber, in writing, that

23  additional information is required for proper review of the

24  grievance and that such time limitations are tolled until such

25  information is provided. After the organization receives the

26  requested information, the time allowed for completion of the

27  grievance process resumes.

28         (6)  An organization shall establish written procedures

29  for the expedited review of an urgent grievance. In an

30  expedited review, an organization shall make a decision and

31  notify the subscriber, or the provider acting on behalf of the

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    Florida House of Representatives - 1998                HB 3731

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  1  subscriber, as expeditiously as the subscriber's medical

  2  condition requires, but in no event more than 72 hours after

  3  receipt of the request for review. If the expedited review is

  4  a concurrent review determination, the service shall be

  5  continued without liability to the subscriber until the

  6  subscriber has been notified of the determination.

  7         (7)  The department shall investigate all reports of

  8  unresolved quality of care grievances received from review

  9  requests of subscribers whose grievances remain unresolved

10  after the subscriber has followed the full grievance procedure

11  of the organization.

12         (8)(a)  The department shall advise subscribers with

13  grievances to follow their organization's formal grievance

14  process for resolution prior to review by the department. The

15  subscriber may, however, submit a copy of the grievance to the

16  department at any time during the process.

17         (b)  Requiring completion of the organization's

18  grievance process before the department's review does not

19  preclude the department from investigating any complaint or

20  grievance before the organization makes its final

21  determination.

22         (9)  Each organization must notify the subscriber in a

23  final decision letter that the subscriber may request review

24  of the organization's decision concerning the grievance by the

25  department, if the grievance is not resolved to the

26  satisfaction of the subscriber. The final decision letter must

27  inform the subscriber that the request for review must be made

28  within 365 days after receipt of the final decision letter,

29  must explain how to initiate such a review, and must include

30  the address and toll-free telephone number of the department.

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    Florida House of Representatives - 1998                HB 3731

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  1         (10)  The department may impose administrative

  2  sanctions, in accordance with s. 636.048, against an

  3  organization for noncompliance with this section.

  4         Section 6.  Subsection (3) is added to section 627.638,

  5  Florida Statutes, to read:

  6         627.638  Direct payment for hospital, medical

  7  services.--

  8         (3)  Any health insurer, preferred provider

  9  organization, exclusive provider organization, or other

10  arrangement which authorizes treatment outside an exclusive

11  list of providers and which provides payment of benefits to a

12  hospital, doctor, or other person who renders covered services

13  shall not refuse payment of benefits solely because the entity

14  providing covered services was not a contracting provider.

15         Section 7.  This act shall take effect October 1 of the

16  year in which enacted.

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18            *****************************************

19                          HOUSE SUMMARY

20
      Requires prepaid limited health service organizations to
21    provide descriptions of processes for authorizing and
      referring services, determining medical necessity, and
22    determining application of alternative services.
      Specifies requirements and criteria for grievance
23    reporting and resolution. Prohibits health care insurers
      or arrangements from refusing to pay benefits to
24    noncontracting providers which provide covered services
      under specified circumstances. See bill for details.
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