Senate Bill 0162c1

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    Florida Senate - 2000                            CS for SB 162

    By the Committee on Health, Aging and Long-Term Care; and
    Senator Cowin




    317-785C-00

  1                      A bill to be entitled

  2         An act relating to adverse determinations;

  3         amending s. 458.331, F.S.; including the

  4         rendering of an adverse determination

  5         inconsistent with a certain standard as a

  6         ground for disciplinary action against a

  7         physician; amending s. 459.015, F.S.; including

  8         the rendering of an adverse determination

  9         inconsistent with a certain standard as a

10         ground for disciplinary action against an

11         osteopathic physician, amending s. 641.51,

12         F.S., relating to quality assurance program

13         requirements for certain managed care

14         organizations; restricting the rendering of

15         adverse determinations to certain physicians

16         regarding certain services; requiring the

17         submission of facts and documentation

18         pertaining to rendered adverse determinations;

19         providing a timeframe for organizations to

20         submit facts and documentation to providers and

21         subscribers, in writing, of adverse

22         determinations; requiring physicians who render

23         adverse determinations to sign the facts and

24         documentation statement; providing an effective

25         date.

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

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29         Section 1.  Paragraph (nn) is added to subsection (1)

30  of section 458.331, Florida Statutes, to read:

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    Florida Senate - 2000                            CS for SB 162
    317-785C-00




  1         458.331  Grounds for disciplinary action; action by the

  2  board and department.--

  3         (1)  The following acts shall constitute grounds for

  4  which the disciplinary actions specified in subsection (2) may

  5  be taken:

  6         (nn)  Rendering an adverse determination as defined in

  7  s. 641.47(1) which is inconsistent with the level of care,

  8  skill, and treatment that is recognized by a reasonably

  9  prudent similar physician as being acceptable under similar

10  conditions and circumstances.

11         Section 2.  Paragraph (pp) is added to subsection (1)

12  of section 459.015, Florida Statutes, to read:

13         459.015  Grounds for disciplinary action by the

14  board.--

15         (1)  The following acts shall constitute grounds for

16  which the disciplinary actions specified in subsection (2) may

17  be taken:

18         (pp)  Rendering an adverse determination as defined in

19  s. 641.47(1) which is inconsistent with the level of care,

20  skill, and treatment that is recognized by a reasonably

21  prudent similar osteopathic physician as being acceptable

22  under similar conditions and circumstances.

23         Section 3.  Present subsections (4), (5), (6), (7),

24  (8), (9), and (10) of section 641.51, Florida Statutes, are

25  redesignated as subsections (5), (6), (7), (8), (9), (10), and

26  (11), respectively, and a new subsection (4) is added to that

27  section to read:

28         641.51  Quality assurance program; second medical

29  opinion requirement.--

30         (4)  The organization shall ensure that only a

31  physician licensed under chapter 458 or chapter 459 may render

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    Florida Senate - 2000                            CS for SB 162
    317-785C-00




  1  an adverse determination regarding a service provided by a

  2  physician licensed under chapter 458 or chapter 459 and shall

  3  require the physician to submit to the provider and the

  4  subscriber the facts and documentation regarding the

  5  organization's adverse determination within 2 working days

  6  after the subscriber or provider is notified of the adverse

  7  determination. The facts and documentation must be written,

  8  include the utilization review criteria or benefits provisions

  9  used in the adverse determination, and be signed by the

10  physician rendering the adverse determination. The

11  organization must include with the notification of an adverse

12  determination information concerning the appeal process for

13  adverse determinations.

14         Section 4.  This act shall take effect July 1, 2000.

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    Florida Senate - 2000                            CS for SB 162
    317-785C-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 162

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  4  Deletes language changing the definitions of the "practice of
    medicine" and the "practice of osteopathic medicine" that
  5  added reference to the modification or denial of certain
    treatment plans.
  6
    Adds to the respective lists of grounds for disciplinary
  7  actions against allopathic physicians and osteopathic
    physicians another reason for disciplinary action that is
  8  based on rendering an adverse determination which is
    inconsistent with certain specified conduct of a similar
  9  physician when acting under similar conditions and
    circumstances.
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    Amends state managed care regulatory law to require managed
11  care organizations to authorize only a Florida-licensed
    medical or osteopathic physician to render an adverse
12  determination for services provided by a Florida-licensed
    medical or osteopathic physician regarding the delivery of
13  covered services or benefits. A physician who makes an adverse
    determination on behalf of a managed care organization is
14  required to submit written, signed facts and documentation
    regarding the adverse determination within 2 working days to
15  the subscriber and health care provider requesting the service
    or product on behalf of the subscriber, along with information
16  on the appeal process for challenging an adverse
    determination, and including the utilization review criteria
17  or benefits provisions on which the adverse determination is
    based.
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