Senate Bill 2126

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    Florida Senate - 1999                                  SB 2126

    By Senator Saunders





    25-1161-99

  1                      A bill to be entitled

  2         An act relating to health care; amending ss.

  3         408.706, F.S., 627.419, F.S., and creating s.

  4         641.3151, F.S.; allowing subscribers to certain

  5         health plans to select their physician;

  6         prohibiting the denial of payment to such

  7         health care providers selected; providing

  8         reimbursement criteria; providing penalties;

  9         amending s. 641.315, F.S.; limiting the

10         liability for payment for HMO subscribers;

11         amending s. 408.7056, F.S.; revising the

12         membership of a statewide provider and

13         subscriber assistance panel; amending s.

14         641.495, F.S.; providing responsibilities for

15         health maintenance organization medical

16         directors regarding adverse determinations with

17         respect to subscribers; providing an effective

18         date.

19

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

21

22         Section 1.  Subsection (11) of section 408.706, Florida

23  Statutes, is amended to read:

24         408.706  Community health purchasing alliances;

25  accountable health partnerships.--

26         (11)  Notwithstanding any other provision of law to the

27  contrary, any subscriber to a health plan offered by or

28  through a health maintenance organization, managed care

29  organization, prepaid health plan, or accountable health

30  partnership may select a physician of his or her choice who is

31  licensed under chapter 458 or chapter 459. A health plan may

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    Florida Senate - 1999                                  SB 2126
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  1  not contain any provision that requires or coerces a

  2  subscriber to use any physician other than one selected by the

  3  subscriber.

  4         (a)  A health maintenance organization, managed care

  5  organization, prepaid health plan, or accountable health

  6  partnership may not deny payment to a physician who has

  7  rendered covered services to a subscriber, based solely on the

  8  fact that the physician has not entered into a provider

  9  contract with the organization, plan, or partnership, if:

10         1.  The physician meets the eligibility criteria of the

11  organization, plan, or partnership; and

12         2.  Under accepted medical standards, the services were

13  medically necessary so that the organization, plan, or

14  partnership would be required to pay for the services had they

15  been performed by a contracted provider.

16         (b)  Reimbursement for services by a physician who does

17  not have a contract with the organization, plan, or

18  partnership must be the lesser of:

19         1.  Eighty percent of the physician's charges;

20         2.  Eighty percent of the highest rate paid by the

21  organization, plan, or partnership to contracted physicians

22  for the procedure; or

23         3.  The charge agreed to by the organization, plan, or

24  partnership and the physician within 30 days after submittal

25  of the claim.

26

27  The subscriber is liable for all physician charges not covered

28  by the health maintenance organization under this paragraph.

29         (c)  A health maintenance organization, managed care

30  provider organization, prepaid health plan, or accountable

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    Florida Senate - 1999                                  SB 2126
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  1  health partnership that violates this subsection is subject to

  2  a civil fine in the amount of:

  3         1.  Up to $25,000 for each violation; or

  4         2.  If the Director of the Agency for Health Care

  5  Administration determines that the entity has engaged in a

  6  pattern of violations, up to $100,000 for each violation. The

  7  ability to recruit and retain alliance district health care

  8  providers in its provider network. For provider networks

  9  initially formed in an alliance district after July 1, 1993,

10  an accountable health partnership shall make offers as to

11  provider participation in its provider network to relevant

12  alliance district health care providers for at least 60

13  percent of the available provider positions. A provider who is

14  made an offer may participate in an accountable health

15  partnership as long as the provider abides by the terms and

16  conditions of the provider network contract, provides services

17  at a rate or price equal to the rate or price negotiated by

18  the accountable health partnership, and meets all of the

19  accountable health partnership's qualifications for

20  participation in its provider networks including, but not

21  limited to, network adequacy criteria. For purposes of this

22  subsection, "alliance district health care provider" means a

23  health care provider who is licensed under chapter 458,

24  chapter 459, chapter 460, chapter 461, chapter 464, or chapter

25  465 who has practiced in Florida for more than 1 year within

26  the alliance district served by the accountable health

27  partnership.

28         Section 2.  Subsection (9) is added to section 627.419,

29  Florida Statutes, 1998 Supplement, to read:

30         627.419  Construction of policies.--

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    Florida Senate - 1999                                  SB 2126
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  1         (9)(a)  Notwithstanding any other provision of law to

  2  the contrary, any person covered under any health insurance

  3  policy, health care services plan, or other contract that

  4  provides for payment for medical expense benefits or

  5  procedures may select a physician of his or her choice who is

  6  licensed under chapter 458 or chapter 459. A health plan may

  7  not contain any provision that requires or coerces a person

  8  covered by the plan to use any provider other than one

  9  selected by the subscriber. A health plan may not deny payment

10  to a physician who has rendered covered services to an

11  insured, based solely on the fact that the physician has not

12  entered into a provider contract with the plan, if:

13         1.  The physician meets the plan's eligibility

14  criteria; and

15         2.  Under accepted medical standards, the services were

16  medically necessary so that the organization would be required

17  to pay for the services had they been performed by a

18  contracted physician.

19         (b)  Reimbursement for services by a physician who does

20  not have a contract with the health plan must be the lesser

21  of:

22         1.  Eighty percent of the physician's charges;

23         2.  Eighty percent of the highest rate paid by the

24  organization to contracted physicians for the procedure; or

25         3.  The charge agreed to by the organization within 30

26  days after submittal of the claim.

27

28  The subscriber shall be liable for all physician charges not

29  covered by the health plan under this paragraph.

30

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    Florida Senate - 1999                                  SB 2126
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  1         (c)  The provider of any health insurance policy,

  2  health care services plan, or other contract that violates

  3  this subsection is subject to a civil fine in the amount of:

  4         1.  Up to $25,000 for each violation; or

  5         2.  If the Director of the Agency for Health Care

  6  Administration determines that the entity has engaged in a

  7  pattern of violations, up to $100,000 for each violation.

  8         Section 3.  Section 641.3151, Florida Statutes, is

  9  created to read:

10         641.3151  Subscriber freedom of choice.--

11         (1)  Notwithstanding any other provision of law to the

12  contrary, any subscriber to a health plan offered by or

13  through a health maintenance organization or managed care

14  organization may select a physician of his or her choice who

15  is licensed under chapter 458 or chapter 459. A health plan

16  may not contain any provision that requires or coerces a

17  subscriber to use any physician other than one selected by the

18  subscriber. A health maintenance organization or managed care

19  organization may not deny payment to a physician who has

20  rendered covered services to a subscriber, based solely on the

21  fact that the physician has not entered into a provider

22  contract with the organization, if:

23         (a)  The physician meets the organization's eligibility

24  criteria; and

25         (b)  Under accepted medical standards, the services

26  were medically necessary so that the organization would be

27  required to pay for the services had they been performed by a

28  contracted physician.

29         (2)  Reimbursement for services by a physician who does

30  not have a contract with the health maintenance organization

31  or managed care organization must be the lesser of:

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    Florida Senate - 1999                                  SB 2126
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  1         (a)  Eighty percent of the physician's charges;

  2         (b)  Eighty percent of the highest rate paid by the

  3  organization to contracted physicians for the procedure; or

  4         (c)  The charge agreed to by the organization within 30

  5  days after submittal of the claim.

  6

  7  The subscriber shall be liable for all physician charges not

  8  covered by the health maintenance organization under this

  9  subsection.

10         (3)  A health maintenance organization or managed care

11  provider organization that violates this section is subject to

12  a civil fine in the amount of:

13         (a)  Up to $25,000 for each violation; or

14         (b)  If the Director of the Agency for Health Care

15  Administration determines that the entity has engaged in a

16  pattern of violations, up to $100,000 for each violation.

17         Section 4.  Subsections (2) and (3) of section 641.315,

18  Florida Statutes, are amended to read:

19         641.315  Provider contracts.--

20         (2)  No subscriber of an HMO shall be liable to any

21  contracted provider of health care services of that HMO for

22  any services covered by the HMO.

23         (3)  No contracted provider of services of an HMO or

24  any representative of such provider shall collect or attempt

25  to collect from an HMO subscriber any money for services

26  covered by an HMO and no contracted provider or representative

27  of such provider may maintain any action at law against a

28  subscriber of an HMO to collect money owed to such provider by

29  an HMO.

30         Section 5.  Subsection (11) of section 408.7056,

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

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    Florida Senate - 1999                                  SB 2126
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  1         408.7056  Statewide Provider and Subscriber Assistance

  2  Program.--

  3         (11)  The panel shall consist of members employed by

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

  5  their respective agencies. In addition, at least one-third of

  6  the panel must be comprised of physicians licensed under

  7  chapter 458 or chapter 459. If the grievance involves an

  8  adverse determination, as defined in s. 641.47, at least one

  9  of the physicians on the panel must be in the same specialty

10  as that forming the subject of the grievance or must have

11  training and experience in the procedure in question.  The

12  agency may contract with a medical director and a primary care

13  physician who shall provide additional technical expertise to

14  the panel.  The medical director shall be selected from a

15  health maintenance organization with a current certificate of

16  authority to operate in Florida.

17         Section 6.  Subsection (11) of section 641.495, Florida

18  Statutes, 1998 Supplement, is amended to read:

19         641.495  Requirements for issuance and maintenance of

20  certificate.--

21         (11)  The organization shall designate a medical

22  director who is a physician licensed under chapter 458 or

23  chapter 459. For every adverse determination made by the HMO

24  regarding any subscriber, the medical director must document

25  and sign the subscriber's medical records setting forth the

26  facts regarding the HMO's adverse determination and the

27  rationale for that determination. The rendering of an adverse

28  determination by a medical director constitutes the practice

29  of medicine as defined in s. 458.305.

30         Section 7.  This act shall take effect July 1, 1999.

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    Florida Senate - 1999                                  SB 2126
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  2                          SENATE SUMMARY

  3    Revises provisions related to health services plans.
      Allows subscribers to select their physicians. Prohibits
  4    the denial of payment to such providers and provides
      criteria for reimbursement. Provides penalties. Limits
  5    the liability of HMO subscribers for payments to
      providers. Revises the membership of the statewide
  6    provider and assistance panels. Provides responsibilities
      for HMO medical directors regarding adverse
  7    determinations. (See bill for details.)

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