CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. SB 834

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                 .
                                   .
  2                                 .
                                   .
  3                                 .
                                   .
  4                                                                

  5

  6

  7

  8

  9

10                                                                

11  Senator Brown-Waite moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 2, line 22 through page 4, line 19, delete

15  those lines

16

17  and insert:

18         Section 3.  Subsection (7) of section 641.315, Florida

19  Statutes, 1996 Supplement, is redesignated as subsection (9),

20  new subsections (7) and (8) are added, and subsection (6) is

21  amended to read:

22         641.315  Provider contracts.--

23         (6)(a)  For All provider contracts executed after

24  October 1, 1991, and within 180 days after October 1, 1991,

25  for contracts in existence as of October 1, 1991:

26         1.  The contracts must contain terms that require the

27  provider to give provide that the provider shall provide 60

28  days' advance written notice to the health maintenance

29  organization and the department before canceling the contract

30  with the health maintenance organization for any reason; and

31         2.  The contract must also provide that nonpayment for

                                  1
    3:56 PM   03/10/97                               s0834.hc10.0a




                                                  SENATE AMENDMENT

    Bill No. SB 834

    Amendment No.    





  1  goods or services rendered by the provider to the health

  2  maintenance organization shall not be a valid reason for

  3  avoiding the 60-day advance notice of cancellation.

  4         (b)  For all provider contracts executed after July 1,

  5  1997, and by January 1, 1998, for contracts in existence as of

  6  July 1, 1997, the governing body of a health maintenance

  7  organization may not terminate or fail to renew a contract

  8  with a health care provider unless the governing body provides

  9  the health care provider with notice of the proposed contract

10  termination or nonrenewal, which must include a written

11  explanation of the reasons for the proposed contract

12  termination or nonrenewal and notice of an opportunity for a

13  hearing as provided in this section. This section does not

14  apply if the case involves imminent harm to a patient's health

15  or if the termination is based on a final disciplinary action

16  by the provider's licensing board, or other governmental

17  agency, which restricts the authorization of the health care

18  provider to practice.

19         (b)  For all provider contracts executed after October

20  1, 1996, and within 180 days after October 1, 1996, for

21  contracts in existence as of October 1, 1996, the contracts

22  must provide that the health maintenance organization will

23  provide 60 days' advance written notice to the provider and

24  the department before canceling, without cause, the contract

25  with the provider, except in a case in which a patient's

26  health is subject to imminent danger or a physician's ability

27  to practice medicine is effectively impaired by an action by

28  the Board of Medicine or other governmental agency.

29         (c)  The notice of a proposed contract termination or

30  nonrenewal must include:

31         1.  The reasons for the proposed action.

                                  2
    3:56 PM   03/10/97                               s0834.hc10.0a




                                                  SENATE AMENDMENT

    Bill No. SB 834

    Amendment No.    





  1         2.  Notice that the health care provider has the right

  2  to request a hearing before a panel appointed by the governing

  3  body of the health maintenance organization.

  4         3.  A time limit of at least 30 days within which the

  5  health care provider may request a hearing.

  6         (d)  If the health care provider requests a hearing,

  7  the governing body of the health maintenance organization must

  8  provide the health care provider with a written notice that

  9  states:

10         1.  The place, time, and date of the hearing, which

11  must commence not less than 30 days and not more than 60 days

12  after the date the health maintenance organization received

13  the request for a hearing.

14         2.  The names of each witness, if any, expected to

15  testify at the hearing on behalf of the health maintenance

16  organization.

17         (7)(a)  The hearing must be conducted by a panel

18  comprised of three persons appointed by the governing body of

19  the health maintenance organization. At least one person on

20  the panel must be a clinical peer in the same discipline and

21  the same or similar specialty as the health care provider. The

22  panel may consist of more than three persons. However, the

23  number of clinical peers on the panel must constitute

24  one-third or more of the total membership of the panel.

25         (b)  The panel must render a decision on the proposed

26  contract termination or nonrenewal in a timely manner. The

27  decision must include the panel's recommendation as to whether

28  the governing body of the health maintenance organization

29  should continue or renew the provider's contract;

30  provisionally continue or renew the provider's contract,

31  subject to conditions set forth by the governing body;

                                  3
    3:56 PM   03/10/97                               s0834.hc10.0a




                                                  SENATE AMENDMENT

    Bill No. SB 834

    Amendment No.    





  1  terminate the provider's contract; or not renew the provider's

  2  contract.

  3         (8)(a)  The governing body of the health maintenance

  4  organization, after considering the recommendation of the

  5  panel, shall render its decision within 30 days after issuance

  6  of the panel's recommendation. The decision by the governing

  7  body must include continuation or renewal of the provider's

  8  contract; provisional continuation or renewal of the

  9  provider's contract, subject to conditions set forth by the

10  governing body; or termination or nonrenewal of the provider's

11  contract.

12         (b)  A health care provider's contract may not be

13  terminated or not renewed sooner than 90 days after the date

14  the health care provider received notice of the termination or

15  nonrenewal.

16

17

18  ================ T I T L E   A M E N D M E N T ===============

19  And the title is amended as follows:

20         On page 1, lines 8 through 18, delete those lines

21

22  and insert:

23         providers of health care services; amending s.

24         641.315, F.S.; deleting obsolete dates and

25         revising language; requiring that the governing

26         body of a health maintenance organization

27         provide notice and the opportunity for a

28         hearing before terminating or failing to renew

29         the contract of a health care provider;

30         providing for applicability; providing certain

31         exceptions; deleting certain due process

                                  4
    3:56 PM   03/10/97                               s0834.hc10.0a




                                                  SENATE AMENDMENT

    Bill No. SB 834

    Amendment No.    





  1         procedural guidelines; providing notice

  2         requirements; providing requirements for the

  3         hearing panel appointed by the health

  4         maintenance organization; requiring that the

  5         governing body of the health maintenance

  6         organization render a final decision within a

  7         specified time; providing an effective

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  5
    3:56 PM   03/10/97                               s0834.hc10.0a