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





                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Scott moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 6, line 1, delete that line

15

16  and insert:

17         Section 2.  Section 408.70, Florida Statutes, is

18  amended to read:

19         408.70  Health Alliance for Small Business Community

20  health purchasing; legislative findings and intent.--It is the

21  intent of the Legislature that a nonprofit corporation, to be

22  known as the "Health Alliance for Small Business," be

23  organized for the purpose of pooling groups of individuals

24  employed by small employers and the dependents of such

25  employees into larger groups in order to facilitate the

26  purchase of affordable group health insurance coverage.

27         (1)  The Legislature finds that the current health care

28  system in this state does not provide access to affordable

29  health care for all persons in this state.  Almost one in five

30  persons is without health insurance.  For many, entry into the

31  health care system is through a hospital emergency room rather

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1  than a primary care setting.  The availability of preventive

 2  and primary care and managed, family-based care is limited.

 3  Health insurance underwriting practices have led to the

 4  avoidance, rather than to the sharing, of insurance risks,

 5  limiting access to coverages for small-sized employer groups

 6  and high-risk populations.  Spiraling premium costs have

 7  placed health insurance policies out of the reach of many

 8  small-sized and medium-sized businesses and their employees.

 9  Lack of outcome and cost information has forced individuals

10  and businesses to make critical health care decisions with

11  little guidance or leverage. Health care resources have not

12  been allocated efficiently, leading to excess and unevenly

13  distributed capacity.  These factors have contributed to the

14  high cost of health care.  Rural and other medically

15  underserved areas have too few health care resources.

16  Comprehensive, first-dollar coverages have allowed individuals

17  to seek care without regard to cost.  Provider competition and

18  liability concerns have led to a medical technology arms race.

19  Rather than competing on the basis of price and patient

20  outcome, health care providers compete for patients on the

21  basis of service, equipping themselves with the latest and

22  best technologies.  Managed-care and group-purchasing

23  mechanisms are not widely available to small group purchasers.

24  Health care regulation has placed undue burdens on health care

25  insurers and providers, driving up costs, limiting

26  competition, and preventing market-based solutions to cost and

27  quality problems. Health care costs have been increasing at

28  several times the rate of general inflation, eroding employer

29  profits and investments, increasing government revenue

30  requirements, reducing consumer coverages and purchasing

31  power, and limiting public investments in other vital

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1  governmental services.

 2         (2)  It is the intent of the Legislature that a

 3  structured health care competition model, known as "managed

 4  competition," be implemented throughout the state to improve

 5  the efficiency of the health care markets in this state.  The

 6  managed competition model will promote the pooling of

 7  purchaser and consumer buying power; ensure informed

 8  cost-conscious consumer choice of managed care plans; reward

 9  providers for high-quality, economical care; increase access

10  to care for uninsured persons; and control the rate of

11  inflation in health care costs.

12         (3)  The Legislature intends that state-chartered,

13  nonprofit private purchasing organizations, to be known as

14  "community health purchasing alliances," be established.  The

15  community health purchasing alliances shall be responsible for

16  assisting alliance members in securing the highest quality of

17  health care, based on current standards, at the lowest

18  possible prices.

19         Section 3.  Section 408.701, Florida Statutes, 1998

20  Supplement, is amended to read:

21         408.701  Health Alliance for Small Business Community

22  health purchasing; definitions.--As used in ss.

23  408.70-408.7045 ss. 408.70-408.706, the term:

24         (1)  "Accountable health partnership" means an

25  organization that integrates health care providers and

26  facilities and assumes risk, in order to provide health care

27  services, as certified by the agency under s. 408.704.

28         (1)(2)  "Agency" means the Agency for Health Care

29  Administration.

30         (2)(3)  "Alliance" means the Health Alliance for Small

31  Business a community health purchasing alliance.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1         (3)(4)  "Alliance member" means:

 2         (a)  a small employer as defined in s. 627.6699 who, or

 3         (b)  The state, for the purpose of providing health

 4  benefits to state employees and their dependents through the

 5  state group insurance program and to Medicaid recipients,

 6  participants in the MedAccess program, and participants in the

 7  Medicaid buy-in program,

 8

 9  if such entities voluntarily elects choose to join an

10  alliance.

11         (5)  "Antitrust laws" means federal and state laws

12  intended to protect commerce from unlawful restraints,

13  monopolies, and unfair business practices.

14         (6)  "Associate alliance member" means any purchaser

15  who joins an alliance for the purposes of participating on the

16  alliance board and receiving data from the alliance at no

17  charge as a benefit of membership.

18         (7)  "Benefit standard" means a specified set of health

19  services that are the minimum that must be covered under a

20  basic health benefit plan, as defined in s. 627.6699.

21         (8)  "Business health coalition" means a group of

22  employers organized to share information about health services

23  and insurance coverage, to enable the employers to obtain more

24  cost-effective care for their employees.

25         (9)  "Community health purchasing alliance" means a

26  state-chartered, nonprofit organization that provides

27  member-purchasing services and detailed information to its

28  members on comparative prices, usage, outcomes, quality, and

29  enrollee satisfaction with accountable health partnerships.

30         (10)  "Consumer" means an individual user of health

31  care services.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1         (11)  "Department" means the Department of Insurance.

 2         (12)  "Grievance procedure" means an established set of

 3  rules that specify a process for appeal of an organizational

 4  decision.

 5         (4)(13)  "Health care provider" or "provider" means a

 6  state-licensed or state-authorized facility, a facility

 7  principally supported by a local government or by funds from a

 8  charitable organization that holds a current exemption from

 9  federal income tax under s. 501(c)(3) of the Internal Revenue

10  Code, a licensed practitioner, a county health department

11  established under part I of chapter 154, a prescribed

12  pediatric extended care center defined in s. 400.902, a

13  federally supported primary care program such as a migrant

14  health center or a community health center authorized under s.

15  329 or s. 330 of the United States Public Health Services Act

16  that delivers health care services to individuals, or a

17  community facility that receives funds from the state under

18  the Community Alcohol, Drug Abuse, and Mental Health Services

19  Act and provides mental health services to individuals.

20         (5)(14)  "Health insurer" or "insurer" means a health

21  insurer or health maintenance organization that is issued a

22  certificate of authority an organization licensed by the

23  Department of Insurance under part III of chapter 624 or part

24  I of chapter 641.

25         (6)(15)  "Health plan" or "health insurance" means any

26  health insurance policy or health maintenance organization

27  contract issued by a health insurer hospital or medical policy

28  or contract or certificate, hospital or medical service plan

29  contract, or health maintenance organization contract as

30  defined in the insurance code or Health Maintenance

31  Organization Act.  The term does not include accident-only,

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1  specific disease, individual hospital indemnity, credit,

 2  dental-only, vision-only, Medicare supplement, long-term care,

 3  or disability income insurance; coverage issued as a

 4  supplement to liability insurance; workers' compensation or

 5  similar insurance; or automobile medical-payment insurance.

 6         (7)  "Regional board" means the board of directors of

 7  each region of the alliance, as established under s.

 8  408.702(1).

 9         (8)  "State board" or "board" means the board of

10  directors of the alliance, as established under s. 408.702(2).

11         (16)  "Health status" means an assessment of an

12  individual's mental and physical condition.

13         (17)  "Managed care" means systems or techniques

14  generally used by third-party payors or their agents to affect

15  access to and control payment for health care services.

16  Managed-care techniques most often include one or more of the

17  following:  prior, concurrent, and retrospective review of the

18  medical necessity and appropriateness of services or site of

19  services; contracts with selected health care providers;

20  financial incentives or disincentives related to the use of

21  specific providers, services, or service sites; controlled

22  access to and coordination of services by a case manager; and

23  payor efforts to identify treatment alternatives and modify

24  benefit restrictions for high-cost patient care.

25         (18)  "Managed competition" means a process by which

26  purchasers form alliances to obtain information on, and

27  purchase from, competing accountable health partnerships.

28         (19)  "Medical outcome" means a change in an

29  individual's health status after the provision of health

30  services.

31         (20)  "Provider network" means an affiliated group of

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1  varied health care providers that is established to provide a

 2  continuum of health care services to individuals.

 3         (21)  "Purchaser" means an individual, an organization,

 4  or the state that makes health-benefit purchasing decisions on

 5  behalf of a group of individuals.

 6         (22)  "Self-funded plan" means a group health insurance

 7  plan in which the sponsoring organization assumes the

 8  financial risk of paying for all covered services provided to

 9  its enrollees.

10         (23)  "Utilization management" means programs designed

11  to control the overutilization of health services by reviewing

12  their appropriateness relative to established standards or

13  norms.

14         (24)  "24-hour coverage" means the consolidation of

15  such time-limited health care coverage as personal injury

16  protection under automobile insurance into a general health

17  insurance plan.

18         (25)  "Agent" means a person who is licensed to sell

19  insurance in this state pursuant to chapter 626.

20         (26)  "Primary care physician" means a physician

21  licensed under chapter 458 or chapter 459 who practices family

22  medicine, general internal medicine, general pediatrics, or

23  general obstetrics/ gynecology.

24         Section 4.  Section 408.702, Florida Statutes, is

25  amended to read:

26         408.702  Health Alliance for Small Business Community

27  health purchasing alliance; establishment; state and regional

28  boards.--

29         (1)  There is created the Health Alliance for Small

30  Business, which shall operate as a nonprofit corporation

31  organized under chapter 617. The alliance is not a state

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1  agency. The alliance shall operate subject to the supervision

 2  and approval of a board of directors composed of the chairman

 3  of each of the regional boards of the alliance or, in lieu of

 4  the chairman, a member of a regional board designated by the

 5  chairman of that board.

 6         (2)(a)  The board of directors of each community health

 7  purchasing alliance is redesignated as a regional board of the

 8  Health Alliance for Small Business. Each regional board shall

 9  operate as a nonprofit corporation organized under chapter

10  617. A regional board is not a state agency.

11         (b)  The regional board replacing such community health

12  purchasing alliance shall assume the rights and obligations of

13  each former community health purchasing alliance as necessary

14  to fulfill the former alliance's contractual obligations

15  existing on the effective date of this act. Nothing in this

16  section shall impair or otherwise affect any such contract.

17         (3)(1)  There is created a community health purchasing

18  alliance in each of the 11 health service planning districts

19  established under s. 408.032. Each alliance must be operated

20  as a state-chartered, nonprofit private organization organized

21  pursuant to chapter 617. There shall be no liability on the

22  part of, and no cause of action of any nature shall arise

23  against, any member of the board of directors of the a

24  community health purchasing alliance or of any regional board,

25  or their its employees or agents, for any action taken by a

26  the board in the performance of its powers and duties under

27  ss. 408.70-408.7045 ss. 408.70-408.706.

28         (4)(2)  The number and geographical boundaries of

29  alliance districts may be revised by the state board Three or

30  fewer alliances located in contiguous districts that are not

31  primarily urban may merge into a single alliance upon approval

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1  of the agency based on upon a showing by the alliance board

 2  members that the members of the each alliance would be better

 3  served under a combined alliance. If the number or boundaries

 4  of regional alliances are revised, the members of the new

 5  regional boards for the affected regions must be

 6  representative of the members of the former regional boards of

 7  the affected regions in a method established by the state

 8  board which reasonably provides for proportionate

 9  representation of former board members. Board members of each

10  alliance shall serve as the board of the combined alliance.

11         (5)(3)  The An alliance is the only entity that is

12  allowed to operate as an alliance in a particular district and

13  must operate for the benefit of its members who are: small

14  employers, as defined in s. 627.6699; the state on behalf of

15  its employees and the dependents of such employees; Medicaid

16  recipients; and associate alliance members.  The An alliance

17  is the exclusive entity for the oversight and coordination of

18  alliance member purchases. Any health plan offered through the

19  an alliance must be offered by a health insurer an accountable

20  health partnership and the an alliance may not directly

21  provide insurance; directly contract, for purposes of

22  providing insurance, with a health care provider or provider

23  network; or bear any risk, or form self-insurance plans among

24  its members.  An alliance may form a network with other

25  alliances in order to improve services provided to alliance

26  members. Nothing in ss. 408.70-408.7045 ss. 408.70-408.706

27  limits or authorizes the formation of business health

28  coalitions; however, a person or entity that pools together or

29  assists in purchasing health coverage for small employers, as

30  defined in s. 627.6699, state employees and their dependents,

31  and Medicaid, Medicaid buy-in, and MedAccess recipients may

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1  not discriminate in its activities based on the health status

 2  or historical or projected claims experience of such employers

 3  or recipients.

 4         (4)  Each alliance shall capitalize on the expertise of

 5  existing business health coalitions.

 6         (6)(5)  Membership or associate membership in the an

 7  alliance and participation by health insurers are is

 8  voluntary.

 9         (7)  The state board of the alliance may:

10         (a)  Negotiate with health insurers to offer health

11  plans to alliance members in one or more regions under terms

12  and conditions as agreed to between the board, as group

13  policyholder, and the health insurer. The board and the

14  insurer may negotiate and agree to health plan selection,

15  benefit design, premium rates, and other terms of coverage,

16  subject to the requirements of the Florida Insurance Code.

17         (b)  Establish minimum requirements of alliance

18  membership, consistent with the definition of the term "small

19  employer" in s. 627.6699, including any documentation that an

20  applicant must submit to establish eligibility for membership.

21         (c)  Establish administrative and accounting procedures

22  for its operation and for the operation of the regional

23  boards, and require regional boards to submit program reports

24  to the state board or the agency.

25         (d)  Receive and accept grants, loans, advances, or

26  funds from any public or private agency, and receive and

27  accept, from any source, contributions of money, property,

28  labor, or any other thing of value.

29         (e)  Hire employees or contract with qualified,

30  independent third parties for any service necessary to carry

31  out the board's powers and duties, as authorized under ss.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1  408.70-408.7045. However, the board may not hire an insurance

 2  agent who engages in activities on behalf of the alliance for

 3  which an insurance agent's license is required by chapter 626.

 4         (f)  Perform any of the activities that may be

 5  performed by a regional board under subsection (6), subject to

 6  coordination with the regional boards to avoid duplication of

 7  effort.

 8         (8)  Each regional board of the alliance may:

 9         (a)  Establish conditions of alliance membership

10  consistent with the minimum requirements established by the

11  state board.

12         (b)  Provide to alliance members standardized

13  information for comparing health plans offered through the

14  alliance.

15         (c)  Offer health plans to alliance members, subject to

16  the terms and conditions agreed to by the state board and

17  participating health insurers.

18         (d)  Market and publicize the coverage and services

19  offered by the alliance.

20         (e)  Collect premiums from alliance members on behalf

21  of participating health insurers.

22         (f)  Assist members in resolving disputes between

23  health insurers and alliance members, consistent with

24  grievance procedures required by law.

25         (g)  Set reasonable fees for alliance membership,

26  services offered by the alliance, and late payment of premiums

27  by alliance members for which the alliance is responsible.

28         (h)  Receive and accept grants, loans, advances, or

29  funds from any public or private agency, and receive and

30  accept, from any source, contributions of money, property,

31  labor, or any other thing of value.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1         (i)  Hire employees or contract with qualified,

 2  independent third parties for any service necessary to carry

 3  out the regional board's powers and duties as authorized under

 4  ss. 408.70-408.7045. However, a regional board may not hire an

 5  insurance agent who engages in activities on behalf of the

 6  alliance for which an insurance agent's license is required by

 7  chapter 626. 

 8         (9)  No state agency may expend or provide funds to the

 9  Alliance that would subsidize the pricing of health insurance

10  policies for its members, unless the Legislature specifically

11  authorizes such expenditure.

12         (6)  Each community health purchasing alliance has the

13  following powers, duties, and responsibilities:

14         (a)  Establishing the conditions of alliance membership

15  in accordance with ss. 408.70-408.706.

16         (b)  Providing to alliance members clear, standardized

17  information on each accountable health partnership and each

18  health plan offered by each accountable health partnership,

19  including information on price, enrollee costs, quality,

20  patient satisfaction, enrollment, and enrollee

21  responsibilities and obligations; and providing accountable

22  health partnership comparison sheets in accordance with agency

23  rule to be used in providing members and their employees with

24  information regarding standard, basic, and specialized

25  coverage that may be obtained through the accountable health

26  partnerships.

27         (c)  Annually offering to all alliance members all

28  accountable health partnerships and health plans offered by

29  the accountable health partnerships which meet the

30  requirements of ss. 408.70-408.706, and which submit a

31  responsive proposal as to information necessary for

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1  accountable health partnership comparison sheets, and

 2  providing assistance to alliance members in selecting and

 3  obtaining coverage through accountable health partnerships

 4  that meet those requirements.

 5         (d)  Requesting proposals for the standard and basic

 6  health plans, as defined in s. 627.6699, from all accountable

 7  health partnerships in the district; providing, in the format

 8  required by the alliance in the request for proposals, the

 9  necessary information for accountable health partnership

10  comparison sheets; and offering to its members health plans of

11  accountable health partnerships which meet those requirements.

12         (e)  Requesting proposals from all accountable health

13  partnerships in the district for specialized benefits approved

14  by the alliance board based on input from alliance members,

15  determining if the proposals submitted by the accountable

16  health partnerships meet the requirements of the request for

17  proposals, and offering them as options through riders to

18  standard plans and basic plans.  This paragraph does not limit

19  an accountable health partnership's ability to offer other

20  specialized benefits to alliance members.

21         (f)  Distributing to health care purchasers, placing

22  special emphasis on the elderly, retail price data on

23  prescription drugs and their generic equivalents, durable

24  medical equipment, and disposable medical supplies which is

25  provided by the agency pursuant to s. 408.063(3) and (4).

26         (g)  Establishing administrative and accounting

27  procedures for the operation of the alliance and members'

28  services, preparing an annual alliance budget, and preparing

29  annual program and fiscal reports on alliance operations as

30  required by the agency.

31         (h)  Developing and implementing a marketing plan to

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1  publicize the alliance to potential members and associate

 2  members and developing and implementing methods for informing

 3  the public about the alliance and its services.

 4         (i)  Developing grievance procedures to be used in

 5  resolving disputes between members and the alliance and

 6  disputes between the accountable health partnerships and the

 7  alliance.  Any member of, or accountable health partnership

 8  that serves, an alliance may appeal to the agency any

 9  grievance that is not resolved by the alliance.

10         (j)  Ensuring that accountable health partnerships have

11  grievance procedures to be used in resolving disputes between

12  members and an accountable health partnership.  A member may

13  appeal to the alliance any grievance that is not resolved by

14  the accountable health partnership.  An accountable health

15  partnership that is a health maintenance organization must

16  follow the grievance procedures established in ss. 408.7056

17  and 641.31(5).

18         (k)  Maintaining all records, reports, and other

19  information required by the agency, ss. 408.70-408.706, or

20  other state and local laws.

21         (l)  Receiving and accepting grants, loans, advances,

22  or funds from any public or private agency; and receiving and

23  accepting contributions, from any source, of money, property,

24  labor, or any other thing of value.

25         (m)  Contracting, as authorized by alliance members,

26  with a qualified, independent third party for any service

27  necessary to carry out the powers and duties required by ss.

28  408.70-408.706.

29         (n)  Developing a plan to facilitate participation of

30  providers in the district in an accountable health

31  partnership, placing special emphasis on ensuring

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1  participation by minority physicians in accountable health

 2  partnerships if such physicians are available.  The use of the

 3  term "minority" in ss. 408.70-408.706 is consistent with the

 4  definition of "minority person" provided in s. 288.703(3).

 5         (o)  Ensuring that any health plan reasonably available

 6  within the jurisdiction of an alliance, through a preferred

 7  provider network, a point of service product, an exclusive

 8  provider organization, a health maintenance organization, or a

 9  pure indemnity product, is offered to members of the alliance.

10  For the purposes of this paragraph, "pure indemnity product"

11  means a health insurance policy or contract that does not

12  provide different rates of reimbursement for a specified list

13  of physicians and a "point of service product" means a

14  preferred provider network or a health maintenance

15  organization which allows members to select at a higher cost a

16  provider outside of the network or the health maintenance

17  organization.

18         (p)  Petitioning the agency for a determination as to

19  the cost-effectiveness of collecting premiums on behalf of

20  participating accountable health partnerships.  If determined

21  by the agency to be cost-effective, the alliance may establish

22  procedures for collecting premiums from members and distribute

23  them to the participating accountable health partnerships.

24  This may include the remittance of the share of the group

25  premium paid by both an employer and an enrollee.  If an

26  alliance assumes premium collection responsibility, it shall

27  also assume liability for uncollected premium.  This liability

28  may be collected through a bad debt surcharge on alliance

29  members to finance the cost of uncollected premiums. The

30  alliance shall pay participating accountable health

31  partnerships their contracting premium amounts on a prepaid

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1  monthly basis, or as otherwise mutually agreed upon.

 2         (7)  Each alliance shall set reasonable fees for

 3  membership in the alliance which will finance all reasonable

 4  and necessary costs incurred in administering the alliance.

 5         (9)(8)  Each regional board alliance shall annually

 6  report to the state board on the operations of the alliance in

 7  that region, including program and financial operations, and

 8  shall provide for annual internal and independent audits.

 9         (10)(9)  The alliance, the state board, and regional

10  boards A community health purchasing alliance may not engage

11  in any activities for which an insurance agent's license is

12  required by chapter 626.

13         (11)(10)  The powers and responsibilities of the a

14  community health purchasing alliance with respect to

15  purchasing health plans services from health insurers

16  accountable health partnerships do not extend beyond those

17  enumerated in ss. 408.70-408.7045 ss. 408.70-408.706.

18         (12)  The Office of the Auditor General may audit and

19  inspect the operations and records of the alliance.

20         Section 5.  Section 408.703, Florida Statutes, is

21  amended to read:

22         408.703  Small employer members of the alliance

23  community health purchasing alliances; eligibility

24  requirements.--

25         (1)  The board agency shall establish conditions of

26  participation in the alliance for small employers, as defined

27  in s. 627.6699, which must include, but need not be limited

28  to:

29         (a)  Assurance that the group is a valid small employer

30  and is not formed for the purpose of securing health benefit

31  coverage. This assurance must include requirements for sole

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1  proprietors and self-employed individuals which must be based

 2  on a specified requirement for the time that the sole

 3  proprietor or self-employed individual has been in business,

 4  required filings to verify employment status, and other

 5  requirements to ensure that the individual is working.

 6         (b)  Assurance that the individuals in the small

 7  employer group are employees and have not been added for the

 8  purpose of securing health benefit coverage.

 9         (2)  The agency may not require a small employer to pay

10  any portion of premiums as a condition of participation in an

11  alliance.

12         (2)(3)  The board agency may require a small employer

13  seeking membership to agree to participate in the alliance for

14  a specified minimum period of time, not to exceed 1 year.

15         (4)  If a member small employer offers more than one

16  accountable health partnership or health plan and the employer

17  contributes to coverage of employees or dependents of the

18  employee, the alliance shall require that the employer

19  contribute the same dollar amount for each employee,

20  regardless of the accountable health partnership or benefit

21  plan chosen by the employee.

22         (5)  An employer that employs 30 or fewer employees

23  must offer at least 2 accountable health partnerships or

24  health plans to its employees, and an employer that employs 31

25  or more employees must offer 3 or more accountable health

26  partnerships or health plans to its employees.

27         (3)(6)  Notwithstanding any other law, if a small

28  employer member loses eligibility to purchase health care

29  through the a community health purchasing alliance solely

30  because the business of the small employer member expands to

31  more than 50 and less than 75 eligible employees, the small

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1  employer member may, at its next renewal date, purchase

 2  coverage through the alliance for not more than 1 additional

 3  year.

 4         Section 6.  Section 408.704, Florida Statutes, 1998

 5  Supplement, is amended to read:

 6         408.704  Agency duties and responsibilities related to

 7  the alliance community health purchasing alliances.--

 8         (1)  The agency shall supervise the operation of the

 9  alliance. assist in developing a statewide system of community

10  health purchasing alliances.  To this end, the agency is

11  responsible for:

12         (1)  Initially and thereafter annually certifying that

13  each community health purchasing alliance complies with ss.

14  408.70-408.706 and rules adopted pursuant to ss.

15  408.70-408.706. The agency may decertify any community health

16  purchasing alliance if the alliance fails to comply with ss.

17  408.70-408.706 and rules adopted by the agency.

18         (2)  The agency shall conduct Providing administrative

19  startup funds.  Each contract for startup funds is limited to

20  $275,000.

21         (3)  Conducting an annual review of the performance of

22  the each alliance to ensure that the alliance is in compliance

23  with ss. 408.70-408.7045 ss. 408.70-408.706. To assist the

24  agency in its review, the each alliance shall submit,

25  quarterly, data to the agency, including, but not limited to,

26  employer enrollment by employer size, industry sector,

27  previous insurance status, and count; number of total eligible

28  employers in the alliance district participating in the

29  alliance; number of insured lives by county and insured

30  category, including employees, dependents, and other insured

31  categories, represented by alliance members; profiles of

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1  potential employer membership by county; premium ranges for

 2  each health insurer accountable health partnership for

 3  alliance member categories; type and resolution of member

 4  grievances; membership fees; and alliance financial

 5  statements.  A summary of this annual review shall be provided

 6  to the Legislature and to each alliance.

 7         (4)  Developing accountable health partnership

 8  comparison sheets to be used in providing members and their

 9  employees with information regarding the accountable health

10  partnership.

11         (5)  Establishing a data system for accountable health

12  partnerships.

13         (a)  The agency shall establish an advisory data

14  committee comprised of the following representatives of

15  employers, medical providers, hospitals, health maintenance

16  organizations, and insurers:

17         1.  Two representatives appointed by each of the

18  following organizations:  Associated Industries of Florida,

19  the Florida Chamber of Commerce, the National Federation of

20  Independent Businesses, and the Florida Retail Federation;

21         2.  One representative of each of the following

22  organizations:  the Florida League of Hospitals, the

23  Association of Voluntary Hospitals of Florida, the Florida

24  Hospital Association, the Florida Medical Association, the

25  Florida Osteopathic Medical Association, the Florida

26  Chiropractic Association, the Florida Chapter of the National

27  Medical Association, the Association of Managed Care

28  Physicians, the Florida Insurance Council, the Florida

29  Association of Domestic Insurers, the Florida Association of

30  Health Maintenance Organizations; and

31         3.  One representative of governmental health care

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1  purchasers and three consumer representatives, to be appointed

 2  by the agency.

 3         (b)  The advisory data committee shall issue a report

 4  and recommendations on each of the following subjects as each

 5  is completed.  A final report covering all subjects must be

 6  included in the final Florida Health Plan to be submitted to

 7  the Legislature on December 31, 1993.  The report shall

 8  include recommendations regarding:

 9         1.  Types of data to be collected.  Careful

10  consideration shall be given to other data collection projects

11  and standards for electronic data interchanges already in

12  process in this state and nationally, to evaluating and

13  recommending the feasibility and cost-effectiveness of various

14  data collection activities, and to ensuring that data

15  reporting is necessary to support the evaluation of providers

16  with respect to cost containment, access, quality, control of

17  expensive technologies, and customer satisfaction analysis.

18  Data elements to be collected from providers include prices,

19  utilization, patient outcomes, quality, and patient

20  satisfaction.  The completion of this task is the first

21  priority of the advisory data committee. The agency shall

22  begin implementing these data collection activities

23  immediately upon receipt of the recommendations, but no later

24  than January 1, 1994.  The data shall be submitted by

25  hospitals, other licensed health care facilities, pharmacists,

26  and group practices as defined in s. 455.654(3)(f).

27         2.  A standard data set, a standard cost-effective

28  format for collecting the data, and a standard methodology for

29  reporting the data to the agency, or its designee, and to the

30  alliances.  The reporting mechanisms must be designed to

31  minimize the administrative burden and cost to health care

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1  providers and carriers.  A methodology shall be developed for

 2  aggregating data in a standardized format for making

 3  comparisons between accountable health partnerships which

 4  takes advantage of national models and activities.

 5         3.  Methods by which the agency should collect,

 6  process, analyze, and distribute the data.

 7         4.  Standards for data interpretation.  The advisory

 8  data committee shall actively solicit broad input from the

 9  provider community, carriers, the business community, and the

10  general public.

11         5.  Structuring the data collection process to:

12         a.  Incorporate safeguards to ensure that the health

13  care services utilization data collected is reviewed by

14  experienced, practicing physicians licensed to practice

15  medicine in this state;

16         b.  Require that carrier customer satisfaction data

17  conclusions are validated by the agency;

18         c.  Protect the confidentiality of medical information

19  to protect the patient's identity and to protect the privacy

20  of individual physicians and patients.  Proprietary data

21  submitted by insurers, providers, and purchasers are

22  confidential pursuant to s. 408.061; and

23         d.  Afford all interested professional medical and

24  hospital associations and carriers a minimum of 60 days to

25  review and comment before data is released to the public.

26         6.  Developing a data collection implementation

27  schedule, based on the data collection capabilities of

28  carriers and providers.

29         (c)  In developing data recommendations, the advisory

30  data committee shall assess the cost-effectiveness of

31  collecting data from individual physician providers.  The

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1  initial emphasis must be placed on collecting data from those

 2  providers with whom the highest percentages of the health care

 3  dollars are spent: hospitals, large physician group practices,

 4  outpatient facilities, and pharmacies.

 5         (d)  The agency shall, to the maximum extent possible,

 6  adopt and implement the recommendations of the advisory data

 7  committee.  The agency shall report all recommendations of the

 8  advisory data committee to the Legislature and submit an

 9  implementation plan.

10         (e)  The travel expenses of the participants of the

11  advisory data committee must be paid by the participant or by

12  the organization that nominated the participant.

13         (6)  Collecting, compiling, and analyzing data on

14  accountable health partnerships and providing statistical

15  information to alliances.

16         (7)  Receiving appeals by members of an alliance and

17  accountable health partnerships whose grievances were not

18  resolved by the alliance.  The agency shall review these

19  appeals pursuant to chapter 120.  Records or reports submitted

20  as a part of a grievance proceeding conducted as provided for

21  under this subsection are confidential and exempt from the

22  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

23  Constitution. Records or reports of patient care quality

24  assurance proceedings obtained or made by any member of a

25  community health purchasing alliance or any member of an

26  accountable health partnership and received by the agency as a

27  part of a proceeding conducted pursuant to this subsection are

28  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

29  of the State Constitution. Portions of meetings held pursuant

30  to the provisions of this subsection during which records held

31  confidential pursuant to the provisions of this subsection are

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1  discussed are exempt from the provisions of s. 286.011 and s.

 2  24(b), Art. I of the State Constitution.  All portions of any

 3  meeting closed to the public shall be recorded by a certified

 4  court reporter.  For any portion of a meeting that is closed,

 5  the reporter shall record the times of commencement and

 6  termination of the meeting, all discussion and proceedings,

 7  the names of all persons present at any time, and the names of

 8  all persons speaking.  No portion of the closed meeting shall

 9  be off the record.  The court reporter's notes shall be fully

10  transcribed and given to the appropriate records custodian

11  within a reasonable time after the meeting.  A copy of the

12  original transcript, with information otherwise confidential

13  or exempt from public disclosure redacted, shall be made

14  available for public inspection and copying 3 years after the

15  date of the closed meeting.

16         Section 7.  Section 408.7045, Florida Statutes, is

17  amended to read:

18         408.7045  Community health purchasing Alliance

19  marketing requirements.--

20         (1)  The Each alliance shall use appropriate,

21  efficient, and standardized means to notify members of the

22  availability of sponsored health coverage from the alliance.

23         (2)  The Each alliance shall make available to members

24  marketing materials that accurately summarize the benefit

25  plans that are offered by its health insurer accountable

26  health partnerships and the rates, costs, and accreditation

27  information relating to those plans.

28         (3)  Annually, the alliance shall offer each member

29  small employer all accountable health partnerships available

30  in the alliance and provide them with the appropriate

31  materials relating to those plans.  The member small employer

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1  may choose which health benefit plans shall be offered to

 2  eligible employees and may change the selection each year.

 3  The employee may be given options with regard to health plans

 4  and the type of managed care system under which his or her

 5  benefits will be provided.

 6         (4)  An alliance may notify the agency of any marketing

 7  practices or materials that it finds are contrary to the fair

 8  and affirmative marketing requirements of the program.  Upon

 9  the request of an alliance, the agency shall request the

10  Department of Insurance to investigate the practices and the

11  Department of Insurance may take any action authorized for a

12  violation of the insurance code or the Health Maintenance

13  Organization Act.

14         Section 8.  Paragraph (b) of subsection (6) of section

15  627.6699, Florida Statutes, 1998 Supplement, is amended to

16  read:

17         627.6699  Employee Health Care Access Act.--

18         (6)  RESTRICTIONS RELATING TO PREMIUM RATES.--

19         (b)  For all small employer health benefit plans that

20  are subject to this section and are issued by small employer

21  carriers on or after January 1, 1994, premium rates for health

22  benefit plans subject to this section are subject to the

23  following:

24         1.  Small employer carriers must use a modified

25  community rating methodology in which the premium for each

26  small employer must be determined solely on the basis of the

27  eligible employee's and eligible dependent's gender, age,

28  family composition, tobacco use, or geographic area as

29  determined under paragraph (5)(j) (5)(k).

30         2.  Rating factors related to age, gender, family

31  composition, tobacco use, or geographic location may be

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1  developed by each carrier to reflect the carrier's experience.

 2  The factors used by carriers are subject to department review

 3  and approval.

 4         3.  Small employer carriers may not modify the rate for

 5  a small employer for 12 months from the initial issue date or

 6  renewal date, unless the composition of the group changes or

 7  benefits are changed. However, a small employer carrier may

 8  modify the rate one time prior to 12 months after the initial

 9  issue date for a small employer who enrolls under a previously

10  issued group policy that has a common anniversary date for all

11  employers covered under the policy, if the carrier discloses

12  to the employer in a clear and conspicuous manner the date of

13  the first renewal and the fact that the premium may increase

14  on or after that date and if the insurer demonstrates to the

15  department that efficiencies in administration are achieved

16  and reflected in the rates charged to small employers covered

17  under the policy.

18         4.  A small employer carrier may issue a policy to a

19  group association with rates that reflect a premium credit for

20  expense savings attributable to administrative activities

21  being performed by the group association, if these expense

22  savings are specifically documented in the carrier's rate

23  filing and are approved by the department. Any such credit may

24  not be based on different morbidity assumptions or on any

25  other factor related to the health status or claims experience

26  of the group or its members. Carriers participating in the

27  alliance program, in accordance with ss. 408.700-408.707, may

28  apply a different community rate to business written in that

29  program.

30         (c)  For all small employer health benefit plans that

31  are subject to this section, that are issued by small employer

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1  carriers before January 1, 1994, and that are renewed on or

 2  after January 1, 1995, renewal rates must be based on the same

 3  modified community rating standard applied to new business.

 4         (d)  Notwithstanding s. 627.401(2), this section and

 5  ss. 627.410 and 627.411 apply to any health benefit plan

 6  provided by a small employer carrier that provides coverage to

 7  one or more employees of a small employer regardless of where

 8  the policy, certificate, or contract is issued or delivered,

 9  if the health benefit plan covers employees or their covered

10  dependents who are residents of this state.

11         Section 9.  Sections 408.7041, 408.7042, 408.7055, and

12  408.706, Florida Statutes, are repealed.

13         Section 10.  This act shall take effect July 1, 1999.

14

15

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

17  And the title is amended as follows:

18         On page 1, line 8, after the semicolon

19

20  insert:

21         amending s. 627.6699, F.S.; modifying

22         definitions; requiring small employer carriers

23         to begin to offer and issue all small employer

24         benefit plans on a specified date; deleting the

25         requirement that basic and standard small

26         employer health benefit plans be issued;

27         providing additional requirements for

28         determining premium rates for benefit plans;

29         providing for applicability of the act to plans

30         provided by small employer carriers that are

31         insurers or health maintenance organizations

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1         notwithstanding the provisions of certain other

 2         specified statutes under specified conditions;

 3         amending s. 408.70, F.S.; providing legislative

 4         intent for the organization of a nonprofit

 5         corporation for providing affordable group

 6         health insurance; amending s. 408.701, F.S.;

 7         revising definitions; amending s. 408.702,

 8         F.S.; creating the Health Alliance for Small

 9         Business; deleting authorization for community

10         health purchasing alliances; creating a board

11         of governors for the alliance; specifying

12         organizational requirements; specifying that

13         the alliance is not a state agency;

14         redesignating community health purchasing

15         alliances as regional boards of the alliance;

16         revising provisions related to liability of

17         board members, number and boundary of alliance

18         districts, eligibility for alliance membership,

19         and powers of the state board and regional

20         boards of the alliance; authorizing the Office

21         of the Auditor General to audit and inspect the

22         alliance; prohibiting state agencies from

23         providing certain funds to the alliance without

24         specific legislative approval; amending s.

25         408.703, F.S.; providing eligibility

26         requirements for small employer members of the

27         alliance; amending s. 408.704, F.S.; providing

28         responsibilities for the Agency for Health Care

29         Administration; amending s. 408.7045, F.S.;

30         revising marketing requirements of the

31         alliance; amending s. 627.6699, F.S.; revising

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 903, 1st Eng.

    Amendment No.    





 1         restrictions related to premium rates for small

 2         employer health benefit plans; repealing ss.

 3         408.7041, 408.7042, 408.7055, 408.706, F.S.,

 4         relating to anti-trust protection, relating to

 5         purchasing coverage for state employees and

 6         Medicaid recipients through community health

 7         purchasing alliances, relating to the

 8         establishment of practitioner advisory groups

 9         by the Agency for Health Care Administration,

10         and relating to requirements for accountable

11         health partnerships;

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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