House Bill 1927e2

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                               CS/HBs 1927 & 961, Second Engrossed



  1                      A bill to be entitled

  2         An act relating to governmental agencies;

  3         amending s. 20.41, F.S.; providing that area

  4         agencies on aging are subject to ch. 119 and

  5         ss. 286.011-286.012, F.S., as specified;

  6         amending s. 408.05, F.S., relating to the State

  7         Center for Health Statistics; requiring the

  8         Agency for Health Care Administration to

  9         publish health maintenance organization report

10         cards; amending s. 408.7056, F.S.; excluding

11         certain additional grievances from

12         consideration by a statewide provider and

13         subscriber assistance panel; revising the

14         membership of the panel; amending s. 627.6471,

15         F.S.; requiring preferred provider organization

16         policies which do not provide direct patient

17         access for dermatological services to conform

18         to certain requirements imposed on exclusive

19         provider organization contracts; amending s.

20         627.6645, F.S.; revising the notice

21         requirements for cancellation or nonrenewal of

22         a group health insurance policy; specifying

23         conditions under which the insurer may

24         retroactively cancel coverage due to nonpayment

25         of premium; amending s. 627.6675, F.S.;

26         revising the time limits for an employee or

27         group member to apply for an individual

28         converted policy when termination of group

29         coverage is due to failure of the employer to

30         pay the premium; revising the requirements for

31         the premium for the converted policy; allowing


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                               CS/HBs 1927 & 961, Second Engrossed



  1         a group insurer to contract with another

  2         insurer to issue an individual converted policy

  3         under certain conditions; amending s. 641.3108,

  4         F.S.; revising the notice requirements for

  5         cancellation or nonrenewal of a health

  6         maintenance organization contract; specifying

  7         conditions under which the organization may

  8         retroactively cancel coverage due to nonpayment

  9         of premium; amending s. 641.3922, F.S.;

10         revising the time limits for an employee or

11         group member to apply for a converted contract

12         from a health maintenance organization when

13         termination of group coverage is due to failure

14         of the employer to pay the premium; revising

15         the requirements for the premium for the

16         converted contract; amending s. 641.31, F.S.,

17         relating to health maintenance contracts;

18         providing for a point-of-service benefit rider

19         on a health maintenance contract; providing

20         requirements; providing restrictions;

21         authorizing reasonable copayment and annual

22         deductible; providing exceptions relating to

23         subscriber liability for services received;

24         amending s. 641.3155, F.S., relating to health

25         maintenance organization provider contracts and

26         payment of claims; requiring health maintenance

27         organizations to reconcile retroactive

28         reductions of payment to specific claims;

29         requiring providers to reconcile retroactive

30         demands for underpayment or nonpayment to

31         specific claims; providing an exception;


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                               CS/HBs 1927 & 961, Second Engrossed



  1         providing for the contract to specify the

  2         look-back period; providing for an advisory

  3         group established in the Agency for Health Care

  4         Administration; requiring a report; amending s.

  5         641.51, F.S.; requiring that health maintenance

  6         organizations provide additional information to

  7         the Agency for Health Care Administration

  8         indicating quality of care; removing a

  9         requirement that organizations conduct customer

10         satisfaction surveys; revising requirements for

11         preventive pediatric health care provided by

12         health maintenance organizations; amending s.

13         641.58, F.S.; providing for moneys in the

14         Health Care Trust Fund to be used for

15         additional purposes; amending s. 409.910, F.S.;

16         clarifying that the state may recover and

17         retain damages in excess of Medicaid payments

18         made under certain circumstances; providing for

19         retroactive application; amending s. 409.912,

20         F.S., relating to purchase of goods and

21         services for Medicaid recipients; requiring the

22         Agency for Health Care Administration to

23         develop certain programs and initiatives

24         relating to the prescribing, use, and

25         dispensing of drugs; providing for an advisory

26         panel on prescription practice patterns;

27         providing an appropriation; providing an

28         effective date.

29

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

31


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                               CS/HBs 1927 & 961, Second Engrossed



  1         Section 1.  Paragraph (a) of subsection (5) of section

  2  408.05, Florida Statutes, 1998 Supplement, is amended to read:

  3         408.05  State Center for Health Statistics.--

  4         (5)  PUBLICATIONS; REPORTS; SPECIAL STUDIES.--The

  5  center shall provide for the widespread dissemination of data

  6  which it collects and analyzes.  The center shall have the

  7  following publication, reporting, and special study functions:

  8         (a)  The center shall publish and make available

  9  periodically to agencies and individuals health statistics

10  publications of general interest, including HMO report cards;

11  publications providing health statistics on topical health

12  policy issues;, publications that which provide health status

13  profiles of the people in this state;, and other topical

14  health statistics publications.

15         Section 2.  Subsections (2) and (11) of section

16  408.7056, Florida Statutes, 1998 Supplement, are amended to

17  read:

18         408.7056  Statewide Provider and Subscriber Assistance

19  Program.--

20         (2)  The agency shall adopt and implement a program to

21  provide assistance to subscribers and providers, including

22  those whose grievances are not resolved by the managed care

23  entity to the satisfaction of the subscriber or provider. The

24  program shall consist of one or more panels that meet as often

25  as necessary to timely review, consider, and hear grievances

26  and recommend to the agency or the department any actions that

27  should be taken concerning individual cases heard by the

28  panel. The panel shall hear every grievance filed by

29  subscribers and providers on behalf of subscribers, unless the

30  grievance:

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                               CS/HBs 1927 & 961, Second Engrossed



  1         (a)  Relates to a managed care entity's refusal to

  2  accept a provider into its network of providers;

  3         (b)  Is part of an internal grievance in a Medicare

  4  managed care entity or a reconsideration appeal through the

  5  Medicare appeals process which does not involve a quality of

  6  care issue;

  7         (c)  Is related to a health plan not regulated by the

  8  state such as an administrative services organization,

  9  third-party administrator, or federal employee health benefit

10  program;

11         (d)  Is related to appeals by in-plan suppliers and

12  providers, unless related to quality of care provided by the

13  plan;

14         (e)  Is part of a Medicaid fair hearing pursued under

15  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;


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                               CS/HBs 1927 & 961, Second Engrossed



  1         (j)  Is limited to seeking damages for pain and

  2  suffering, lost wages, or other incidental expenses, including

  3  accrued interest on unpaid balances, court costs, and

  4  transportation costs associated with a grievance procedure;

  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         (11)  The panel shall consist of members employed by

18  the agency and members employed by the department, chosen by

19  their respective agencies; a consumer appointed by the

20  Governor; a physician appointed by the Governor, as a standing

21  member; and physicians who have expertise relevant to the case

22  to be heard, on a rotating basis. The agency may contract with

23  a medical director and a primary care physician who shall

24  provide additional technical expertise to the panel.  The

25  medical director shall be selected from a health maintenance

26  organization with a current certificate of authority to

27  operate in Florida.

28         Section 3.  Present subsection (5) of section 627.6471,

29  Florida Statutes, is redesignated as subsection (6) and a new

30  subsection (5) is added to that section to read:

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                               CS/HBs 1927 & 961, Second Engrossed



  1         627.6471  Contracts for reduced rates of payment;

  2  limitations; coinsurance and deductibles.--

  3         (5)  Any policy issued under this section which does

  4  not provide direct patient access to a dermatologist must

  5  conform to the requirements of s. 627.6472(16). This

  6  subsection shall not be construed to affect the amount the

  7  insured or patient must pay as a deductible or coinsurance

  8  amount authorized under this section.

  9         Section 4.  Subsection (36) is added to section 641.31,

10  Florida Statutes, 1998 Supplement, to read:

11         641.31  Health maintenance contracts.--

12         (36)(a)  Notwithstanding any other provision of this

13  part, a health maintenance organization that meets the

14  requirements of paragraph (b) may, through a point-of-service

15  rider to its contract providing comprehensive health care

16  services, include a point-of-service benefit. Under such a

17  rider, a subscriber or other covered person of the health

18  maintenance organization may choose, at the time of covered

19  service, a provider with whom the health maintenance

20  organization does not have a health maintenance organization

21  provider contract. The rider may not require a referral from

22  the health maintenance organization for the point-of-service

23  benefits.

24         (b)  A health maintenance organization offering a

25  point-of-service rider under this subsection must have a valid

26  certificate of authority issued under the provisions of the

27  chapter, must have been licensed under this chapter for a

28  minimum of 3 years, and must at all times that it has riders

29  in effect maintain a minimum surplus of $5 million.

30         (c)  Premiums paid in for the point-of-service riders

31  may not exceed 15 percent of total premiums for all health


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                               CS/HBs 1927 & 961, Second Engrossed



  1  plan products sold by the health maintenance organization

  2  offering the rider. If the premiums paid for point-of-service

  3  riders exceed 15 percent, the health maintenance organization

  4  must notify the department and, once this fact is known, must

  5  immediately cease offering such a rider until it is in

  6  compliance with the rider premium cap.

  7         (d)  Notwithstanding the limitations of deductibles and

  8  copayment provisions in this part, a point-of-service rider

  9  may require the subscriber to pay a reasonable copayment for

10  each visit for services provided by a noncontracted provider

11  chosen at the time of the service. The copayment by the

12  subscriber may either be a specific dollar amount or a

13  percentage of the reimbursable provider charges covered by the

14  contract and must be paid by the subscriber to the

15  noncontracted provider upon receipt of covered services. The

16  point-of-service rider may require that a reasonable annual

17  deductible for the expenses associated with the

18  point-of-service rider be met and may include a lifetime

19  maximum benefit amount. The rider must include the language

20  required by s. 627.6044 and must comply with copayment limits

21  described in s. 627.6471. Section 641.315(2) and (3) does not

22  apply to a point-of-service rider authorized under this

23  subsection.

24         (e)  The term "point of service" may not be used by a

25  health maintenance organization except with riders permitted

26  under this section or with forms approved by the department in

27  which a point-of-service product is offered with an indemnity

28  carrier.

29         (f)  A point-of-service rider must be filed and

30  approved under ss. 627.410 and 627.411.

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                               CS/HBs 1927 & 961, Second Engrossed



  1         Section 5.  Subsection (4) is added to section

  2  641.3155, Florida Statutes, 1998 Supplement, to read:

  3         641.3155  Provider contracts; payment of claims.--

  4         (4)  Any retroactive reductions of payments or demands

  5  for refund of previous overpayments which are due to

  6  retroactive review-of-coverage decisions or payment levels

  7  must be reconciled to specific claims unless the parties agree

  8  to other reconciliation methods and terms. Any retroactive

  9  demands by providers for payment due to underpayments or

10  nonpayments for covered services must be reconciled to

11  specific claims unless the parties agree to other

12  reconciliation methods and terms. The look-back period may be

13  specified by the terms of the contract.

14         Section 6.  The Director of the Agency for Health Care

15  Administration shall establish an advisory group composed of

16  eight members, with three members from health maintenance

17  organizations licensed in Florida, one representative from a

18  not-for-profit hospital, one representative from a for-profit

19  hospital, one representative who is a licensed physician, one

20  representative from the Office of the Insurance Commissioner,

21  and one representative from the Agency for Health Care

22  Administration. The advisory group shall study and make

23  recommendations concerning:

24         (1)  Trends and issues relating to legislative,

25  regulatory, or private-sector solutions for timely and

26  accurate submission and payment of health claims.

27         (2)  Development of electronic billing and claims

28  processing for providers and health care facilities that

29  provide for electronic processing of eligibility requests;

30  benefit verification; authorizations; precertifications;

31  business expensing of assets, including software, used for


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                               CS/HBs 1927 & 961, Second Engrossed



  1  electronic billing and claims processing; and claims status,

  2  including use of models such as those compatible with federal

  3  billing systems.

  4         (3)  The form and content of claims.

  5         (4)  Measures to reduce fraud and abuse relating to the

  6  submission and payment of claims.

  7

  8  The advisory group shall be appointed and convened by July 1,

  9  1999, and shall meet in Tallahassee. Members of the advisory

10  group shall not receive per diem or travel reimbursement. The

11  advisory group shall submit its recommendations in a report,

12  by January 1, 2000, to the President of the Senate and the

13  Speaker of the House of Representatives.

14         Section 7.  Subsections (8), (9), and (10) of section

15  641.51, Florida Statutes, are amended to read:

16         641.51  Quality assurance program; second medical

17  opinion requirement.--

18         (8)  Each organization shall release to the agency data

19  that which are indicators of access and quality of care.  The

20  agency shall develop rules specifying data-reporting

21  requirements for these indicators.  The indicators shall

22  include the following characteristics:

23         (a)  They must relate to access and quality of care

24  measures.

25         (b)  They must be consistent with data collected

26  pursuant to accreditation activities and standards.

27         (c)  They must be consistent with frequency

28  requirements under the accreditation process.

29         (d)  They must include measures of the management of

30  chronic diseases.

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                               CS/HBs 1927 & 961, Second Engrossed



  1         (e)  They must include preventive health care for

  2  adults and children.

  3         (f)  They must include measures of prenatal care.

  4         (g)  They must include measures of health checkups for

  5  children.

  6

  7  The agency shall develop by rule a uniform format for

  8  publication of the data for the public which shall contain

  9  explanations of the data collected and the relevance of such

10  data. The agency shall publish such data no less frequently

11  than every 2 years.

12         (9)  Each organization shall conduct a standardized

13  customer satisfaction survey, as developed by the agency by

14  rule, of its membership at intervals specified by the agency.

15  The survey shall be consistent with surveys required by

16  accrediting organizations and may contain up to 10 additional

17  questions based on concerns specific to Florida.  Survey data

18  shall be submitted to the agency, which shall make comparative

19  findings available to the public.

20         (9)(10)  Each organization shall adopt recommendations

21  for preventive pediatric health care which are consistent with

22  the early periodic screening, diagnosis, and treatment

23  requirements for health checkups for children developed for

24  the Medicaid program.  Each organization shall establish goals

25  to achieve 80-percent compliance by July 1, 1998, and

26  90-percent compliance by July 1, 1999, for their enrolled

27  pediatric population.

28         Section 8.  Subsection (4) of section 641.58, Florida

29  Statutes, is amended to read:

30         641.58  Regulatory assessment; levy and amount; use of

31  funds; tax returns; penalty for failure to pay.--


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                               CS/HBs 1927 & 961, Second Engrossed



  1         (4)  The moneys so received and deposited into the

  2  Health Care Trust Fund shall be used to defray the expenses of

  3  the agency in the discharge of its administrative and

  4  regulatory powers and duties under this part, including

  5  conducting an annual survey of the satisfaction of members of

  6  health maintenance organizations; contracting with physician

  7  consultants for the Statewide Provider and Subscriber

  8  Assistance Panel; the maintaining of offices and necessary

  9  supplies, essential equipment, and other materials, salaries

10  and expenses of required personnel;, and discharging all other

11  legitimate expenses relating to the discharge of the

12  administrative and regulatory powers and duties imposed under

13  this such part.

14         Section 9.  Subsections (4) and (7) of section 409.910,

15  Florida Statutes, 1998 Supplement, are amended to read:

16         409.910  Responsibility for payments on behalf of

17  Medicaid-eligible persons when other parties are liable.--

18         (4)  After the department has provided medical

19  assistance under the Medicaid program, it shall seek recovery

20  of reimbursement from third-party benefits to the limit of

21  legal liability and for the full amount of third-party

22  benefits, but not in excess of the amount of medical

23  assistance paid by Medicaid, as to:

24         (a)  Claims for which the department has a waiver

25  pursuant to federal law; or

26         (b)  Situations in which the department learns of the

27  existence of a liable third party or in which third-party

28  benefits are discovered or become available after medical

29  assistance has been provided by Medicaid.

30

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                               CS/HBs 1927 & 961, Second Engrossed



  1         (7)  The department shall recover the full amount of

  2  all medical assistance provided by Medicaid on behalf of the

  3  recipient to the full extent of third-party benefits.

  4         (a)  Recovery of such benefits shall be collected

  5  directly from:

  6         1.  Any third party;

  7         2.  The recipient or legal representative, if he or she

  8  has received third-party benefits;

  9         3.  The provider of a recipient's medical services if

10  third-party benefits have been recovered by the provider;

11  notwithstanding any provision of this section, to the

12  contrary, however, no provider shall be required to refund or

13  pay to the department any amount in excess of the actual

14  third-party benefits received by the provider from a

15  third-party payor for medical services provided to the

16  recipient; or

17         4.  Any person who has received the third-party

18  benefits.

19         (b)  Upon receipt of any recovery or other collection

20  pursuant to this section, the department shall distribute the

21  amount collected as follows:

22         1.  To itself, an amount equal to the state Medicaid

23  expenditures for the recipient plus any incentive payment made

24  in accordance with paragraph (14)(a).

25         2.  To the Federal Government, the federal share of the

26  state Medicaid expenditures minus any incentive payment made

27  in accordance with paragraph (14)(a) and federal law, and

28  minus any other amount permitted by federal law to be

29  deducted.

30         3.  To the recipient, after deducting any known amounts

31  owed to the department for any related medical assistance or


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                               CS/HBs 1927 & 961, Second Engrossed



  1  to health care providers, any remaining amount. This amount

  2  shall be treated as income or resources in determining

  3  eligibility for Medicaid.

  4

  5  The provisions of this subsection do not apply to any proceeds

  6  received by the state, or any agency thereof, pursuant to a

  7  final order, judgment, or settlement agreement, in any matter

  8  in which the state asserts claims brought on its own behalf,

  9  and not as a subrogee of a recipient, or under other theories

10  of liability. The provisions of this subsection do not apply

11  to any proceeds received by the state, or an agency thereof,

12  pursuant to a final order, judgment, or settlement agreement,

13  in any matter in which the state asserted both claims as a

14  subrogee and additional claims, except as to those sums

15  specifically identified in the final order, judgment, or

16  settlement agreement as reimbursements to the recipient as

17  expenditures for the named recipient on the subrogation claim.

18         Section 10.  The amendments to section 409.910, Florida

19  Statutes, 1998 Supplement, made by this act are intended to

20  clarify existing law and are remedial in nature.  As such,

21  they are specifically made retroactive to October 1, 1990, and

22  shall apply to all causes of action arising on or after

23  October 1, 1990.

24         Section 11.  Subsection (1) of section 627.6645,

25  Florida Statutes, is amended and subsection (5) is added to

26  that section to read:

27         627.6645  Notification of cancellation, expiration,

28  nonrenewal, or change in rates.--

29         (1)  Every insurer delivering or issuing for delivery a

30  group health insurance policy under the provisions of this

31  part shall give the policyholder at least 45 days' advance


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                               CS/HBs 1927 & 961, Second Engrossed



  1  notice of cancellation, expiration, nonrenewal, or a change in

  2  rates.  Such notice shall be mailed to the policyholder's last

  3  address as shown by the records of the insurer.  However, if

  4  cancellation is for nonpayment of premium, only the

  5  requirements of subsection (5) this section shall not apply.

  6  Upon receipt of such notice, the policyholder shall forward,

  7  as soon as practicable, the notice of expiration,

  8  cancellation, or nonrenewal to each certificateholder covered

  9  under the policy.

10         (5)  If cancellation is due to nonpayment of premium,

11  the insurer may not retroactively cancel the policy to a date

12  prior to the date that notice of cancellation was provided to

13  the policyholder unless the insurer mails notice of

14  cancellation to the policyholder prior to 45 days after the

15  date the premium was due. Such notice must be mailed to the

16  policyholder's last address as shown by the records of the

17  insurer and may provide for a retroactive date of cancellation

18  no earlier than midnight of the date that the premium was due.

19         Section 12.  Section 627.6675, Florida Statutes, 1998

20  Supplement, is amended to read:

21         627.6675  Conversion on termination of

22  eligibility.--Subject to all of the provisions of this

23  section, a group policy delivered or issued for delivery in

24  this state by an insurer or nonprofit health care services

25  plan that provides, on an expense-incurred basis, hospital,

26  surgical, or major medical expense insurance, or any

27  combination of these coverages, shall provide that an employee

28  or member whose insurance under the group policy has been

29  terminated for any reason, including discontinuance of the

30  group policy in its entirety or with respect to an insured

31  class, and who has been continuously insured under the group


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                               CS/HBs 1927 & 961, Second Engrossed



  1  policy, and under any group policy providing similar benefits

  2  that the terminated group policy replaced, for at least 3

  3  months immediately prior to termination, shall be entitled to

  4  have issued to him or her by the insurer a policy or

  5  certificate of health insurance, referred to in this section

  6  as a "converted policy." A group insurer may meet the

  7  requirements of this section by contracting with another

  8  insurer, authorized in this state, to issue an individual

  9  converted policy, which policy has been approved by the

10  department under s. 627.410. An employee or member shall not

11  be entitled to a converted policy if termination of his or her

12  insurance under the group policy occurred because he or she

13  failed to pay any required contribution, or because any

14  discontinued group coverage was replaced by similar group

15  coverage within 31 days after discontinuance.

16         (1)  TIME LIMIT.--Written application for the converted

17  policy shall be made and the first premium must be paid to the

18  insurer, not later than 63 days after termination of the group

19  policy. However, if termination was the result of failure to

20  pay any required premium or contribution and such nonpayment

21  of premium was due to acts of an employer or policyholder

22  other than the employee or certificateholder, written

23  application for the converted policy must be made and the

24  first premium must be paid to the insurer not later than 63

25  days after notice of termination is mailed by the insurer or

26  the employer, whichever is earlier, to the employee's or

27  certificateholder's last address as shown by the record of the

28  insurer or the employer, whichever is applicable. In such case

29  of termination due to nonpayment of premium by the employer or

30  policyholder, the premium for the converted policy may not

31  exceed the rate for the prior group coverage for the period of


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                               CS/HBs 1927 & 961, Second Engrossed



  1  coverage under the converted policy prior to the date notice

  2  of termination is mailed to the employee or certificateholder.

  3  For the period of coverage after such date, the premium for

  4  the converted policy is subject to the requirements of

  5  subsection (3).

  6         (2)  EVIDENCE OF INSURABILITY.--The converted policy

  7  shall be issued without evidence of insurability.

  8         (3)  CONVERSION PREMIUM; EFFECT ON PREMIUM RATES FOR

  9  GROUP COVERAGE.--

10         (a)  The premium for the converted policy shall be

11  determined in accordance with premium rates applicable to the

12  age and class of risk of each person to be covered under the

13  converted policy and to the type and amount of insurance

14  provided.  However, the premium for the converted policy may

15  not exceed 200 percent of the standard risk rate as

16  established by the department, pursuant to this subsection.

17         (b)  Actual or expected experience under converted

18  policies may be combined with such experience under group

19  policies for the purposes of determining premium and loss

20  experience and establishing premium rate levels for group

21  coverage.

22         (c)  The department shall annually determine standard

23  risk rates, using reasonable actuarial techniques and

24  standards adopted by the department by rule. The standard risk

25  rates must be determined as follows:

26         1.  Standard risk rates for individual coverage must be

27  determined separately for indemnity policies, preferred

28  provider/exclusive provider policies, and health maintenance

29  organization contracts.

30         2.  The department shall survey insurers and health

31  maintenance organizations representing at least an 80 percent


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                               CS/HBs 1927 & 961, Second Engrossed



  1  market share, based on premiums earned in the state for the

  2  most recent calendar year, for each of the categories

  3  specified in subparagraph 1.

  4         3.  Standard risk rate schedules must be determined,

  5  computed as the average rates charged by the carriers

  6  surveyed, giving appropriate weight to each carrier's

  7  statewide market share of earned premiums.

  8         4.  The rate schedule shall be determined from analysis

  9  of the one county with the largest market share in the state

10  of all such carriers.

11         5.  The rate for other counties must be determined by

12  using the weighted average of each carrier's county factor

13  relationship to the county determined in subparagraph 4.

14         6.  The rate schedule must be determined for different

15  age brackets and family size brackets.

16         (4)  EFFECTIVE DATE OF COVERAGE.--The effective date of

17  the converted policy shall be the day following the

18  termination of insurance under the group policy.

19         (5)  SCOPE OF COVERAGE.--The converted policy shall

20  cover the employee or member and his or her dependents who

21  were covered by the group policy on the date of termination of

22  insurance.  At the option of the insurer, a separate converted

23  policy may be issued to cover any dependent.

24         (6)  OPTIONAL COVERAGE.--The insurer shall not be

25  required to issue a converted policy covering any person who

26  is or could be covered by Medicare.  The insurer shall not be

27  required to issue a converted policy covering a person if

28  paragraphs (a) and (b) apply to the person:

29         (a)  If any of the following apply to the person:

30         1.  The person is covered for similar benefits by

31  another hospital, surgical, medical, or major medical expense


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                               CS/HBs 1927 & 961, Second Engrossed



  1  insurance policy or hospital or medical service subscriber

  2  contract or medical practice or other prepayment plan, or by

  3  any other plan or program.

  4         2.  The person is eligible for similar benefits,

  5  whether or not actually provided coverage, under any

  6  arrangement of coverage for individuals in a group, whether on

  7  an insured or uninsured basis.

  8         3.  Similar benefits are provided for or are available

  9  to the person under any state or federal law.

10         (b)  If the benefits provided under the sources

11  referred to in subparagraph (a)1. or the benefits provided or

12  available under the sources referred to in subparagraphs (a)2.

13  and 3., together with the benefits provided by the converted

14  policy, would result in overinsurance according to the

15  insurer's standards.  The insurer's standards must bear some

16  reasonable relationship to actual health care costs in the

17  area in which the insured lives at the time of conversion and

18  must be filed with the department prior to their use in

19  denying coverage.

20         (7)  INFORMATION REQUESTED BY INSURER.--

21         (a)  A converted policy may include a provision under

22  which the insurer may request information, in advance of any

23  premium due date, of any person covered thereunder as to

24  whether:

25         1.  The person is covered for similar benefits by

26  another hospital, surgical, medical, or major medical expense

27  insurance policy or hospital or medical service subscriber

28  contract or medical practice or other prepayment plan or by

29  any other plan or program.

30

31


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                               CS/HBs 1927 & 961, Second Engrossed



  1         2.  The person is covered for similar benefits under

  2  any arrangement of coverage for individuals in a group,

  3  whether on an insured or uninsured basis.

  4         3.  Similar benefits are provided for or are available

  5  to the person under any state or federal law.

  6         (b)  The converted policy may provide that the insurer

  7  may refuse to renew the policy or the coverage of any person

  8  only for one or more of the following reasons:

  9         1.  Either the benefits provided under the sources

10  referred to in subparagraphs (a)1. and 2. for the person or

11  the benefits provided or available under the sources referred

12  to in subparagraph (a)3. for the person, together with the

13  benefits provided by the converted policy, would result in

14  overinsurance according to the insurer's standards on file

15  with the department.

16         2.  The converted policyholder fails to provide the

17  information requested pursuant to paragraph (a).

18         3.  Fraud or intentional misrepresentation in applying

19  for any benefits under the converted policy.

20         4.  Other reasons approved by the department.

21         (8)  BENEFITS OFFERED.--

22         (a)  An insurer shall not be required to issue a

23  converted policy that provides benefits in excess of those

24  provided under the group policy from which conversion is made.

25         (b)  An insurer shall offer the benefits specified in

26  s. 627.668 and the benefits specified in s. 627.669 if those

27  benefits were provided in the group plan.

28         (c)  An insurer shall offer maternity benefits and

29  dental benefits if those benefits were provided in the group

30  plan.

31


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                               CS/HBs 1927 & 961, Second Engrossed



  1         (9)  PREEXISTING CONDITION PROVISION.--The converted

  2  policy shall not exclude a preexisting condition not excluded

  3  by the group policy. However, the converted policy may provide

  4  that any hospital, surgical, or medical benefits payable under

  5  the converted policy may be reduced by the amount of any such

  6  benefits payable under the group policy after the termination

  7  of covered under the group policy. The converted policy may

  8  also provide that during the first policy year the benefits

  9  payable under the converted policy, together with the benefits

10  payable under the group policy, shall not exceed those that

11  would have been payable had the individual's insurance under

12  the group policy remained in force.

13         (10)  REQUIRED OPTION FOR MAJOR MEDICAL

14  COVERAGE.--Subject to the provisions and conditions of this

15  part, the employee or member shall be entitled to obtain a

16  converted policy providing major medical coverage under a plan

17  meeting the following requirements:

18         (a)  A maximum benefit equal to the lesser of the

19  policy limit of the group policy from which the individual

20  converted or $500,000 per covered person for all covered

21  medical expenses incurred during the covered person's

22  lifetime.

23         (b)  Payment of benefits at the rate of 80 percent of

24  covered medical expenses which are in excess of the

25  deductible, until 20 percent of such expenses in a benefit

26  period reaches $2,000, after which benefits will be paid at

27  the rate of 90 percent during the remainder of the contract

28  year unless the insured is in the insurer's case management

29  program, in which case benefits shall be paid at the rate of

30  100 percent during the remainder of the contract year.  For

31  the purposes of this paragraph, "case management program"


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                               CS/HBs 1927 & 961, Second Engrossed



  1  means the specific supervision and management of the medical

  2  care provided or prescribed for a specific individual, which

  3  may include the use of health care providers designated by the

  4  insurer.  Payment of benefits for outpatient treatment of

  5  mental illness, if provided in the converted policy, may be at

  6  a lesser rate but not less than 50 percent.

  7         (c)  A deductible for each calendar year that must be

  8  $500, $1,000, or $2,000, at the option of the policyholder.

  9         (d)  The term "covered medical expenses," as used in

10  this subsection, shall be consistent with those customarily

11  offered by the insurer under group or individual health

12  insurance policies but is not required to be identical to the

13  covered medical expenses provided in the group policy from

14  which the individual converted.

15         (11)  ALTERNATIVE PLANS.--The insurer shall, in

16  addition to the option required by subsection (10), offer the

17  standard health benefit plan, as established pursuant to s.

18  627.6699(12). The insurer may, at its option, also offer

19  alternative plans for group health conversion in addition to

20  the plans required by this section.

21         (12)  RETIREMENT COVERAGE.--If coverage would be

22  continued under the group policy on an employee following the

23  employee's retirement prior to the time he or she is or could

24  be covered by Medicare, the employee may elect, instead of

25  such continuation of group insurance, to have the same

26  conversion rights as would apply had his or her insurance

27  terminated at retirement by reason or termination of

28  employment or membership.

29         (13)  REDUCTION OF COVERAGE DUE TO MEDICARE.--The

30  converted policy may provide for reduction of coverage on any

31  person upon his or her eligibility for coverage under Medicare


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                               CS/HBs 1927 & 961, Second Engrossed



  1  or under any other state or federal law providing for benefits

  2  similar to those provided by the converted policy.

  3         (14)  CONVERSION PRIVILEGE ALLOWED.--The conversion

  4  privilege shall also be available to any of the following:

  5         (a)  The surviving spouse, if any, at the death of the

  6  employee or member, with respect to the spouse and the

  7  children whose coverages under the group policy terminate by

  8  reason of the death, otherwise to each surviving child whose

  9  coverage under the group policy terminates by reason of such

10  death, or, if the group policy provides for continuation of

11  dependents' coverages following the employee's or member's

12  death, at the end of such continuation.

13         (b)  The former spouse whose coverage would otherwise

14  terminate because of annulment or dissolution of marriage, if

15  the former spouse is dependent for financial support.

16         (c)  The spouse of the employee or member upon

17  termination of coverage of the spouse, while the employee or

18  member remains insured under the group policy, by reason of

19  ceasing to be a qualified family member under the group

20  policy, with respect to the spouse and the children whose

21  coverages under the group policy terminate at the same time.

22         (d)  A child solely with respect to himself or herself

23  upon termination of his or her coverage by reason of ceasing

24  to be a qualified family member under the group policy, if a

25  conversion privilege is not otherwise provided in this

26  subsection with respect to such termination.

27         (15)  BENEFIT LEVELS.--If the benefit levels required

28  in subsection (10) exceed the benefit levels provided under

29  the group policy, the conversion policy may offer benefits

30  which are substantially similar to those provided under the

31  group policy in lieu of those required in subsection (10).


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                               CS/HBs 1927 & 961, Second Engrossed



  1         (16)  GROUP COVERAGE INSTEAD OF INDIVIDUAL

  2  COVERAGE.--The insurer may elect to provide group insurance

  3  coverage instead of issuing a converted individual policy.

  4         (17)  NOTIFICATION.--A notification of the conversion

  5  privilege shall be included in each certificate of coverage.

  6  The insurer shall mail an election and premium notice form,

  7  including an outline of coverage, on a form approved by the

  8  department, within 14 days after an individual who is eligible

  9  for a converted policy gives notice to the insurer that the

10  individual is considering applying for the converted policy or

11  otherwise requests such information. The outline of coverage

12  must contain a description of the principal benefits and

13  coverage provided by the policy and its principal exclusions

14  and limitations, including, but not limited to, deductibles

15  and coinsurance.

16         (18)  OUTSIDE CONVERSIONS.--A converted policy that is

17  delivered outside of this state must be on a form that could

18  be delivered in the other jurisdiction as a converted policy

19  had the group policy been issued in that jurisdiction.

20         (19)  APPLICABILITY.--This section does not require

21  conversion on termination of eligibility for a policy or

22  contract that provides benefits for specified diseases, or for

23  accidental injuries only, disability income, Medicare

24  supplement, hospital indemnity, limited benefit,

25  nonconventional, or excess policies.

26         (20)  Nothing in this section or in the incorporation

27  of it into insurance policies shall be construed to require

28  insurers to provide benefits equal to those provided in the

29  group policy from which the individual converted, provided,

30  however, that comprehensive benefits are offered which shall

31  be subject to approval by the Insurance Commissioner.


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                               CS/HBs 1927 & 961, Second Engrossed



  1         Section 13.  Section 641.3108, Florida Statutes, is

  2  amended to read:

  3         641.3108  Notice of cancellation of contract.--

  4         (1)  Except for nonpayment of premium or termination of

  5  eligibility, no health maintenance organization may cancel or

  6  otherwise terminate or fail to renew a health maintenance

  7  contract without giving the subscriber at least 45 days'

  8  notice in writing of the cancellation, termination, or

  9  nonrenewal of the contract. The written notice shall state the

10  reason or reasons for the cancellation, termination, or

11  nonrenewal.  All health maintenance contracts shall contain a

12  clause which requires that this notice be given.

13         (2)  If cancellation is due to nonpayment of premium,

14  the health maintenance organization may not retroactively

15  cancel the contract to a date prior to the date that notice of

16  cancellation was provided to the subscriber unless the

17  organization mails notice of cancellation to the subscriber

18  prior to 45 days after the date the premium was due. Such

19  notice must be mailed to the subscriber's last address as

20  shown by the records of the organization and may provide for a

21  retroactive date of cancellation no earlier than midnight of

22  the date that the premium was due.

23         (3)  In the case of a health maintenance contract

24  issued to an employer or person holding the contract on behalf

25  of the subscriber group, the health maintenance organization

26  may make the notification through the employer or group

27  contract holder, and, if the health maintenance organization

28  elects to take this action through the employer or group

29  contract holder, the organization shall be deemed to have

30  complied with the provisions of this section upon notifying

31  the employer or group contract holder of the requirements of


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                               CS/HBs 1927 & 961, Second Engrossed



  1  this section and requesting the employer or group contract

  2  holder to forward to all subscribers the notice required

  3  herein.

  4         Section 14.  Subsection (1) of section 641.3922,

  5  Florida Statutes, 1998 Supplement, is amended to read:

  6         641.3922  Conversion contracts; conditions.--Issuance

  7  of a converted contract shall be subject to the following

  8  conditions:

  9         (1)  TIME LIMIT.--Written application for the converted

10  contract shall be made and the first premium paid to the

11  health maintenance organization not later than 63 days after

12  such termination. However, if termination was the result of

13  failure to pay any required premium or contribution and such

14  nonpayment of premium was due to acts of an employer or group

15  contract holder other than the employee or individual

16  subscriber, written application for the contract must be made

17  and the first premium must be paid not later than 63 days

18  after notice of termination is mailed by the organization or

19  the employer, whichever is earlier, to the employee's or

20  individual's last address as shown by the record of the

21  organization or the employer, whichever is applicable. In such

22  case of termination due to non-payment of premium by the

23  employer or group contract holder, the premium for the

24  converted contract may not exceed the rate for the prior group

25  coverage for the period of coverage under the converted

26  contract prior to the date notice of termination is mailed to

27  the employee or individual subscriber. For the period of

28  coverage after such date, the premium for the converted

29  contract is subject to the requirements of subsection (3).

30         Section 15.  Subsection (9) is added to section 20.41,

31  Florida Statutes, to read:


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                               CS/HBs 1927 & 961, Second Engrossed



  1         20.41  Department of Elderly Affairs.--There is created

  2  a Department of Elderly Affairs.

  3         (9)  Area agencies on aging are subject to chapter 119,

  4  relating to public records, and, when considering any

  5  contracts requiring the expenditure of funds, are subject to

  6  ss. 286.011-286.012, relating to public meetings.

  7         Section 16.  Subsection (13) of section 409.912,

  8  Florida Statutes, 1998 Supplement, is amended to read:

  9         409.912  Cost-effective purchasing of health care.--The

10  agency shall purchase goods and services for Medicaid

11  recipients in the most cost-effective manner consistent with

12  the delivery of quality medical care.  The agency shall

13  maximize the use of prepaid per capita and prepaid aggregate

14  fixed-sum basis services when appropriate and other

15  alternative service delivery and reimbursement methodologies,

16  including competitive bidding pursuant to s. 287.057, designed

17  to facilitate the cost-effective purchase of a case-managed

18  continuum of care. The agency shall also require providers to

19  minimize the exposure of recipients to the need for acute

20  inpatient, custodial, and other institutional care and the

21  inappropriate or unnecessary use of high-cost services.

22         (13)(a)  The agency shall identify health care

23  utilization and price patterns within the Medicaid program

24  which are not cost-effective or medically appropriate and

25  assess the effectiveness of new or alternate methods of

26  providing and monitoring service, and may implement such

27  methods as it considers appropriate. Such methods may include

28  disease management initiatives, an integrated and systematic

29  approach for managing the health care needs of recipients who

30  are at risk of or diagnosed with a specific disease by using

31  best practices, prevention strategies, clinical-practice


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                               CS/HBs 1927 & 961, Second Engrossed



  1  improvement, clinical interventions and protocols, outcomes

  2  research, information technology, and other tools and

  3  resources to reduce overall costs and improve measurable

  4  outcomes.

  5         (b)  The responsibility of the agency under this

  6  subsection shall include the development of capabilities to

  7  identify actual and optimal practice patterns; patient and

  8  provider educational initiatives; methods for determining

  9  patient compliance with prescribed treatments; fraud, waste,

10  and abuse prevention and detection programs; and beneficiary

11  case management programs.

12         1.  The practice pattern identification program shall

13  evaluate practitioner prescribing patterns based on national

14  and regional practice guidelines, comparing practitioners to

15  their peer groups. The agency and its Drug Utilization Review

16  Board shall consult with a panel of practicing health care

17  professionals consisting of the following:  the Speaker of the

18  House of Representatives and the President of the Senate shall

19  each appoint three physicians licensed under ch. 458 or ch.

20  459; and the Governor shall appoint two pharmacists licensed

21  under ch. 465 and one dentist licensed under ch. 466 who is an

22  oral surgeon. Terms of the panel members shall expire at the

23  discretion of the appointing official. The panel shall begin

24  its work by August 1, 1999, regardless of the number of

25  appointments made by that date.  The advisory panel shall be

26  responsible for evaluating treatment guidelines and

27  recommending ways to incorporate their use in the practice

28  pattern identification program. Practitioners who are

29  prescribing inappropriately or inefficiently, as determined by

30  the agency, may have their prescribing of certain drugs

31  subject to prior authorization.


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                               CS/HBs 1927 & 961, Second Engrossed



  1         2.  The agency shall also develop educational

  2  interventions designed to promote the proper use of

  3  medications by providers and beneficiaries.

  4         3.  The agency shall implement a pharmacy fraud, waste,

  5  and abuse initiative that may include a surety bond or letter

  6  of credit requirement for participating pharmacies, enhanced

  7  provider auditing practices, the use of additional fraud and

  8  abuse software, recipient management programs for

  9  beneficiaries inappropriately using their benefits, and other

10  steps that will eliminate provider and recipient fraud, waste,

11  and abuse. The initiative shall address enforcement efforts to

12  reduce the number and use of counterfeit prescriptions.

13         4.  The agency may apply for any federal waivers needed

14  to implement this paragraph.

15         Section 17.  There is appropriated to the Agency for

16  Health Care Administration for fiscal year 1999-2000

17  $1,439,000 from the Health Care Trust Fund for 12 months of

18  funding for the purpose of implementing this act.

19         Section 18.  This act shall take effect upon becoming a

20  law.

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