House Bill 0337

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







    Florida House of Representatives - 1999                 HB 337

        By Representatives Goode, Melvin, Peaden, Hart, Barreiro,
    Brown, Farkas, Fiorentino, Valdes, Casey, Greenstein,
    Villalobos, Sanderson and Ritchie




  1                      A bill to be entitled

  2         An act relating to health care; providing

  3         procedures required for the termination or

  4         nonrenewal of a health care provider contract

  5         by a managed care plan; requiring certain

  6         written notice; providing for hearing by a

  7         panel appointed by the managed care plan;

  8         providing for recommendations to and decisions

  9         of the managed care plan; specifying

10         timeframes; providing an effective date.

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

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14         Section 1.  Termination or nonrenewal of a health care

15  provider contract; notice; hearing.--A managed care plan may

16  not terminate or fail to renew a contract with a health care

17  provider unless the managed care plan provides the health care

18  provider with a written explanation of the reasons for the

19  proposed contract termination or nonrenewal and an opportunity

20  for a review or hearing as provided in this section, except in

21  cases involving imminent harm to patient health or a final

22  disciplinary action by the provider's licensing board or other

23  governmental agency which impairs the health care provider's

24  ability to practice within the jurisdiction.

25         (1)  The notice of the proposed contract termination or

26  nonrenewal provided by the managed care plan to the health

27  care provider must include:

28         (a)  The reasons for the proposed action.

29         (b)  Notice that the health care provider has the right

30  to request a hearing or review, at the provider's discretion,

31  before a panel appointed by the managed care plan.

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






    Florida House of Representatives - 1999                 HB 337

    154-258-99






  1         (c)  A time limit of not less than 30 days within which

  2  a health care provider may request a hearing.

  3         (d)  A time limit for a hearing, which hearing must be

  4  held not less than 30 days nor more than 60 days after the

  5  date of receipt of the request for a hearing.

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

  7  the health care provider must be provided a written notice

  8  that states:

  9         (a)  The place, time, and date of the hearing.

10         (b)  The names of the witnesses, if any, expected to

11  testify at the hearing on behalf of the managed care plan.

12         (3)  The hearing must be conducted by a panel composed

13  of three persons appointed by the managed care plan.  At least

14  one person on the panel must be a clinical peer in the same

15  discipline and the same or similar specialty as the health

16  care provider under review.  The hearing panel may consist of

17  more than three persons, if the number of clinical peers on

18  the panel constitutes one-third or more of the total

19  membership of the panel.

20         (4)  The hearing panel must render a decision on the

21  proposed action in a timely manner, which decision must

22  include the panel's recommendation as to whether the provider

23  contract should be reinstated or renewed by the managed care

24  plan, provisionally reinstated or renewed subject to

25  conditions set forth by the managed care plan, terminated by

26  the managed care plan, or not renewed by the managed care

27  plan.  The panel's decision or recommendation must be provided

28  in writing to the governing body of the managed care plan.

29         (5)  The governing body of the managed care plan, after

30  considering the decision and recommendation of the panel, must

31  render its decision within 30 days after the issuance of the

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    Florida House of Representatives - 1999                 HB 337

    154-258-99






  1  panel's recommendation.  The governing body's decision must

  2  include reinstatement or renewal of the health care provider

  3  contract by the managed care plan, provisional reinstatement

  4  or renewal subject to conditions set forth by the managed care

  5  plan, termination of the health care provider contract, or

  6  nonrenewal of the health care provider contract.

  7         (6)  A decision by the governing body of the managed

  8  care plan to terminate or nonrenew a contract with a health

  9  care provider may not be effective earlier than 30 days after

10  the receipt by the health care provider of the governing

11  body's decision or earlier than 90 days after the health care

12  provider's receipt of the notice of termination or nonrenewal.

13         Section 2.  This act shall take effect October 1, 1999.

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16                          HOUSE SUMMARY

17
      Requires managed care plans to provide a written
18    explanation of the reasons for the proposed termination
      or nonrenewal of a provider contract.  Specifies contents
19    of such notice.  Provides for the provider's right to
      review by a panel appointed by the managed care plan, and
20    specifies requirements for composition of the panel.
      Provides for panel recommendations to and decisions by
21    the governing body of the managed care plan.  Specifies
      time limitations for requests for hearing, hearings,
22    decisions by a managed care plan, and termination or
      nonrenewal of a provider contract.
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