Senate Bill 2132
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 2132
By Senator Lee
23-737B-00
1 A bill to be entitled
2 An act relating to the Agency for Health Care
3 Administration; amending s. 20.42, F.S.;
4 renaming and reorganizing the agency and
5 removing it from under the Department of
6 Business and Professional Regulation; providing
7 for the agency head to be the Secretary of
8 Health Care Administration; revising duties of
9 the agency; deleting references to deputy
10 directors; requiring a study of quality
11 performance indicators; requiring a report;
12 providing for rules; amending s. 440.134, F.S.;
13 providing for fines for certain insurers
14 providing workers' compensation without agency
15 authorization; providing an effective date.
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17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Section 20.42, Florida Statutes, is amended
20 to read:
21 20.42 Agency for Health Care Administration.--There is
22 created a department called the Department of the Agency for
23 Health Care Administration within the Department of Business
24 and Professional Regulation. The agency shall be a separate
25 budget entity, and the director of the agency shall be the
26 agency head for all purposes. The agency shall not be subject
27 to control, supervision, or direction by the Department of
28 Business and Professional Regulation in any manner, including,
29 but not limited to, personnel, purchasing, transactions
30 involving real or personal property, and budgetary matters.
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Florida Senate - 2000 SB 2132
23-737B-00
1 (1) DIRECTOR OF HEALTH CARE ADMINISTRATION.--The head
2 of the department agency is the Secretary for Director of
3 Health Care Administration, who shall be appointed by the
4 Governor. The secretary director shall serve at the pleasure
5 of and report to the Governor, subject to confirmation by the
6 Senate. The requirement for Senate confirmation applies to any
7 person appointed on or after October 1, 1999.
8 (2) ORGANIZATION OF THE AGENCY.--The department is
9 agency shall be organized as follows:
10 (a) The Division of Health Quality Assurance, which
11 shall be responsible for health facility licensure and
12 inspection, consumer protection, certificates of need, health
13 facility cost regulation, investigation of consumer
14 complaints, and any other duty prescribed by statute or
15 agreement. The department is responsible for health
16 statistics, health policy and planning, workers' compensation
17 medical-related functions, managed care, the Medicaid program,
18 the Florida Healthy Kids Corporation, and the Florida Health
19 Access Corporation program.
20 (b) The Division of Health Policy and Cost Control,
21 which shall be responsible for health policy, the State Center
22 for Health Statistics, the development of The Florida Health
23 Plan, certificate of need, state and local health planning
24 under s. 408.033, and research and analysis.
25 (c) The Division of State Health Purchasing shall be
26 responsible for the Medicaid program. The division shall also
27 administer the contracts with the Florida Health Access
28 Corporation program and the Florida Health Care Purchasing
29 Cooperative and the Florida Healthy Kids Corporation.
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Florida Senate - 2000 SB 2132
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1 (d) The Division of Administrative Services, which
2 shall be responsible for revenue management, budget,
3 personnel, and general services.
4 (3) The secretary, for the department, shall
5 administer the affairs of the department and may allocate its
6 human resources and technological resources as necessary to
7 discharge the powers and duties of the department.
8 (3) DEPUTY DIRECTOR FOR HEALTH QUALITY ASSURANCE.--The
9 director shall appoint a Deputy Director for Health Quality
10 Assurance who shall serve at the pleasure of, and be directly
11 responsible to, the director. The Deputy Director for Health
12 Quality Assurance shall be responsible for the Division of
13 Health Quality Assurance.
14 (4) DEPUTY DIRECTOR FOR HEALTH POLICY AND COST
15 CONTROL.--The director shall appoint a Deputy Director for
16 Health Policy and Cost Control who shall serve at the pleasure
17 of, and be directly responsible to, the director. The Deputy
18 Director for Health Policy and Cost Control shall be
19 responsible for the Division of Health Policy and Cost
20 Control.
21 (5) DEPUTY DIRECTOR FOR STATE HEALTH PURCHASING.--The
22 director shall appoint a Deputy Director for State Health
23 Purchasing who shall serve at the pleasure of, and be directly
24 responsible to, the director. The Deputy Director for State
25 Health Purchasing shall be responsible for the Division of
26 State Health Purchasing.
27 (6) DEPUTY DIRECTOR OF ADMINISTRATIVE SERVICES.--The
28 director shall appoint a Deputy Director of Administrative
29 Services who shall serve at the pleasure of, and be directly
30 responsible to, the director. The deputy director shall be
31 responsible for the Division of Administrative Services.
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Florida Senate - 2000 SB 2132
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1 Section 2. The Department of the Agency for Health
2 Care Administration shall conduct a study in conjunction with
3 all stakeholders to identify quality performance indicators,
4 including, but not limited to, structure, outcomes, and
5 process, and the cost of implementing a quality performance
6 measurement program. The department may collect data necessary
7 to conduct the study and implement the workers' compensation
8 medical performance measurement program. The department shall
9 adopt rules to implement the workers' compensation medical
10 performance measurement program. The department shall report
11 the study findings to the Legislature by July 1, 2001.
12 Section 3. Present subsections (23)-(25) of section
13 440.134, Florida Statutes, are renumbered as subsections
14 (24)-(26), respectively, and a new subsection (23) is added to
15 that section, to read:
16 440.134 Workers' compensation managed care
17 arrangement.--
18 (23) Any insurer that provides workers' compensation
19 medical services to employees injured after January 1, 1997,
20 and that has not obtained authorization for a workers'
21 compensation managed care arrangement and therefore is in
22 violation of paragraph (2)(b) is subject to a fine by the
23 agency in accordance with this section. With respect to any
24 nonwillful violation, such fine may not exceed $2,500 a day.
25 In no event may such fine exceed an aggregate amount of
26 $10,000 for all nonwillful violations arising out of the same
27 action. With respect to any knowing and willful violation, the
28 agency may impose a fine on the insurer in an amount not to
29 exceed $20,000 a day. In no event may such fine exceed an
30 aggregate amount of $100,000 for all knowing and willful
31 violations arising out of the same action.
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Florida Senate - 2000 SB 2132
23-737B-00
1 Section 4. All powers, duties, functions, rules,
2 records, personnel, property, and unexpended balances of
3 appropriations, allocations, and other funds of the Division
4 of Workers' Compensation related to medical services and
5 supplies, dispute resolution, and medical data reporting
6 requirements, as established in chapter 440, Florida Statutes,
7 are transferred by a type two transfer, as defined in section
8 20.06, Florida Statutes, to the Agency for Health Care
9 Administration.
10 Section 5. This act shall take effect October 1, 2000.
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13 SENATE SUMMARY
14 Reorganizes the Agency for Health Care Administration so
that it is no longer under the Department of Business and
15 Professional Regulation and renames it the Department of
the Agency for Health Care Administration. Changes the
16 agency head to a Secretary of Health Care Administration.
Transfers to the agency those duties of the Division of
17 Workers' Compensation relating to medical services and
supplies, dispute resolution, and medical data reporting
18 requirements. Requires the agency to conduct a study of
quality performance indicators. Provides for fines for
19 certain insurers providing workers' compensation coverage
who have not obtained authorization for managed care
20 arrangements.
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