Senate Bill 2154c3

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    Florida Senate - 2000  CS for CS for CS for SB 2154, CS for SB

                                                     1900 & SB 282
    By the Committees on Fiscal Policy; Health, Aging and
    Long-Term Care; Banking and Insurance; and Senators Latvala,
    Brown-Waite, Silver, Geller, Campbell, Kurth, Mitchell, Dawson
    and Klein

    309-2227A-00

  1                      A bill to be entitled

  2         An act relating to health care; providing a

  3         short title; amending s. 395.701, F.S.;

  4         reducing an assessment against hospitals for

  5         outpatient services; amending s. 395.7015,

  6         F.S.; reducing an assessment against certain

  7         health care entities; amending s. 408.904,

  8         F.S.; increasing benefits for certain persons

  9         who receive hospital outpatient services;

10         amending s. 408.905, F.S.; increasing benefits

11         furnished by Medicaid providers to recipients

12         of hospital outpatient services; amending s.

13         905.908, F.S.; increasing reimbursement to

14         hospitals for outpatient care; amending s.

15         409.912, F.S.; providing for a contract with

16         and reimbursement of an entity in Pasco or

17         Pinellas County that provides in-home physician

18         services to Medicaid recipients with

19         degenerative neurological diseases; providing

20         for future repeal; providing appropriations;

21         amending s. 400.471, F.S.; deleting the

22         certificate-of-need requirement for licensure

23         of Medicare-certified home health agencies;

24         amending s. 408.032, F.S.; adding definitions

25         of "exemption" and "mental health services";

26         revising the term "health service"; deleting

27         the definitions of "home health agency,"

28         "institutional health service," "intermediate

29         care facility," "multifacility project," and

30         "respite care"; amending s. 408.033, F.S.;

31         deleting references to the state health plan;

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    Florida Senate - 2000  CS for CS for CS for SB 2154, CS for SB

                                                     1900 & SB 282
    309-2227A-00


  1         amending s. 408.034, F.S.; deleting a reference

  2         to licensing of home health agencies by the

  3         Agency for Health Care Administration; amending

  4         s. 408.035, F.S.; deleting obsolete

  5         certificate-of-need review criteria and

  6         revising other criteria; amending s. 408.036,

  7         F.S.; revising provisions relating to projects

  8         subject to review; deleting references to

  9         Medicare-certified home health agencies;

10         deleting the review of certain acquisitions;

11         specifying the types of bed increases subject

12         to review; deleting cost overruns from review;

13         deleting review of combinations or division of

14         nursing home certificates of need; providing

15         for expedited review of certain conversions of

16         licensed hospital beds; deleting the

17         requirement for an exemption for initiation or

18         expansion of obstetric services, provision of

19         respite care services, establishment of a

20         Medicare-certified home health agency, or

21         provision of a health service exclusively on an

22         outpatient basis; providing exemptions for

23         combinations or divisions of nursing home

24         certificates of need and additions of certain

25         hospital beds and nursing home beds within

26         specified limitations; requiring a fee for each

27         request for exemption; amending s. 408.037,

28         F.S.; deleting reference to the state health

29         plan; amending ss. 408.038, 408.039, 408.044,

30         and 408.045, F.S.; replacing "department" with

31         "agency"; clarifying the opportunity to

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    Florida Senate - 2000  CS for CS for CS for SB 2154, CS for SB

                                                     1900 & SB 282
    309-2227A-00


  1         challenge an intended award of a certificate of

  2         need; amending s. 408.040, F.S.; deleting an

  3         obsolete reference; revising the format of

  4         conditions related to Medicaid; creating a

  5         certificate-of-need workgroup within the Agency

  6         for Health Care Administration; providing for

  7         expenses; providing membership, duties, and

  8         meetings; providing for termination; amending

  9         s. 651.118, F.S.; excluding a specified number

10         of beds from a time limit imposed on extension

11         of authorization for continuing care

12         residential community providers to use

13         sheltered beds for nonresidents; requiring a

14         facility to report such use after the

15         expiration of the extension; repealing s.

16         400.464(3), F.S., relating to home health

17         agency licenses provided to certificate-of-need

18         exempt entities; providing applicability;

19         reducing the allocation of funds and positions

20         from the Health Care Trust Fund in the Agency

21         for Health Care Administration; amending s.

22         216.136, F.S.; creating the Mandated Health

23         Insurance Benefits and Providers Estimating

24         Conference; providing for membership and duties

25         of the conference; providing duties of

26         legislative committees that have jurisdiction

27         over health insurance matters; amending s.

28         624.215, F.S.; providing that certain

29         legislative proposals must be submitted to and

30         assessed by the conference, rather than the

31         Agency for Health Care Administration; amending

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    Florida Senate - 2000  CS for CS for CS for SB 2154, CS for SB

                                                     1900 & SB 282
    309-2227A-00


  1         guidelines for assessing the impact of a

  2         proposal to legislatively mandate certain

  3         health coverage; providing prerequisites to

  4         legislative consideration of such proposals;

  5         requiring physicians and hospitals to post a

  6         sign and provide a statement informing patients

  7         about the toll-free health care hotline;

  8         amending s. 408.7056, F.S.; providing

  9         additional definitions for the Statewide

10         Provider and Subscriber Assistance Program;

11         amending s. 627.654, F.S.; providing for

12         insuring small employers under policies issued

13         to small employer health alliances; providing

14         requirements for participation; providing

15         limitations; providing for insuring spouses and

16         dependent children; allowing a single master

17         policy to include alternative health plans;

18         amending s. 627.6571, F.S.; including small

19         employer health alliances within policy

20         nonrenewal or discontinuance, coverage

21         modification, and application provisions;

22         amending s. 627.6699, F.S.; revising

23         restrictions relating to premium rates to

24         authorize small employer carriers to modify

25         rates under certain circumstances and to

26         authorize carriers to issue group health

27         insurance policies to small employer health

28         alliances under certain circumstances;

29         requiring carriers issuing a policy to an

30         alliance to allow appointed agents to sell such

31         a policy; amending ss. 240.2995, 240.2996,

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    Florida Senate - 2000  CS for CS for CS for SB 2154, CS for SB

                                                     1900 & SB 282
    309-2227A-00


  1         240.512, 381.0406, 395.3035, and 627.4301,

  2         F.S.; conforming cross-references; defining the

  3         term "managed care"; repealing ss. 408.70(3),

  4         408.701, 408.702, 408.703, 408.704, 408.7041,

  5         408.7042, 408.7045, 408.7055, and 408.706,

  6         F.S., relating to community health purchasing

  7         alliances; amending s. 627.6699, F.S.;

  8         modifying definitions; requiring small employer

  9         carriers to begin to offer and issue all small

10         employer benefit plans on a specified date;

11         deleting the requirement that basic and

12         standard small employer health benefit plans be

13         issued; providing additional requirements for

14         determining premium rates for benefit plans;

15         providing for applicability of the act to plans

16         provided by small employer carriers that are

17         insurers or health maintenance organizations

18         notwithstanding the provisions of certain other

19         specified statutes under specified conditions;

20         amending s. 641.201, F.S.; clarifying

21         applicability of the Florida Insurance Code to

22         health maintenance organizations; amending s.

23         641.234, F.S.; providing conditions under which

24         the Department of Insurance may order a health

25         maintenance organization to cancel a contract;

26         amending s. 641.27, F.S.; providing for payment

27         by a health maintenance organization of fees to

28         outside examiners appointed by the Department

29         of Insurance; creating s. 641.226, F.S.;

30         providing for application of federal solvency

31         requirements to provider-sponsored

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    Florida Senate - 2000  CS for CS for CS for SB 2154, CS for SB

                                                     1900 & SB 282
    309-2227A-00


  1         organizations; creating s. 641.39, F.S.;

  2         prohibiting the solicitation or acceptance of

  3         contracts by insolvent or impaired health

  4         maintenance organizations; providing a criminal

  5         penalty; creating s. 641.2011, F.S.; providing

  6         that part IV of chapter 628, F.S., applies to

  7         health maintenance organizations; creating s.

  8         641.275, F.S.; providing legislative intent

  9         that the rights of subscribers who are covered

10         under health maintenance organization contracts

11         be recognized and summarized; requiring health

12         maintenance organizations to operate in

13         conformity with such rights; requiring

14         organizations to provide subscribers with a

15         copy of their rights; listing specified

16         requirements for organizations that are

17         currently required by other statutes;

18         authorizing administrative penalties for

19         enforcing the rights specified in s. 641.275,

20         F.S.; amending s. 641.28, F.S.; revising award

21         of attorney's fees in civil actions under

22         certain circumstances; amending s. 641.3917,

23         F.S.; authorizing civil actions against health

24         maintenance organizations by certain persons

25         under certain circumstances; providing

26         requirements and procedures; providing for

27         liability for damages and attorney's fees;

28         prohibiting punitive damages under certain

29         circumstances; requiring the advance posting of

30         discovery costs; amending s. 440.11, F.S.;

31         establishing exclusive liability of health

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    Florida Senate - 2000  CS for CS for CS for SB 2154, CS for SB

                                                     1900 & SB 282
    309-2227A-00


  1         maintenance organizations; providing

  2         application; providing a legislative

  3         declaration; providing an appropriation;

  4         amending ss. 641.31, 641.315, 641.3155, F.S.;

  5         prohibiting a health maintenance organization

  6         from restricting a provider's ability to

  7         provide in-patient hospital services to a

  8         subscriber; requiring payment for medically

  9         necessary in-patient hospital services;

10         amending s. 641.51, F.S., relating to quality

11         assurance program requirements for certain

12         managed-care organizations; allowing the

13         rendering of adverse determinations by

14         physicians licensed in Florida or states with

15         similar requirements; requiring the submission

16         of facts and documentation pertaining to

17         rendered adverse determinations; providing

18         timeframe for organizations to submit facts and

19         documentation to providers and subscribers in

20         writing; requiring an authorized representative

21         to sign the notification; providing effective

22         dates.

23

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

25

26         Section 1.  This act may be cited as the "Health Care

27  Protection Act of 2000."

28         Section 2.  Subsection (2) of section 395.701, Florida

29  Statutes, is amended to read:

30

31

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    Florida Senate - 2000  CS for CS for CS for SB 2154, CS for SB

                                                     1900 & SB 282
    309-2227A-00


  1         395.701  Annual assessments on net operating revenues

  2  to fund public medical assistance; administrative fines for

  3  failure to pay assessments when due; exemption.--

  4         (2)  There is imposed upon each hospital an assessment

  5  in an amount equal to 1.5 percent of the annual net operating

  6  revenue for inpatient services and an assessment in an amount

  7  equal to 1 percent of the annual net operating revenue for

  8  outpatient services for each hospital, such revenue to be

  9  determined by the agency, based on the actual experience of

10  the hospital as reported to the agency.  Within 6 months after

11  the end of each hospital fiscal year, the agency shall certify

12  the amount of the assessment for each hospital.  The

13  assessment shall be payable to and collected by the agency in

14  equal quarterly amounts, on or before the first day of each

15  calendar quarter, beginning with the first full calendar

16  quarter that occurs after the agency certifies the amount of

17  the assessment for each hospital. All moneys collected

18  pursuant to this subsection shall be deposited into the Public

19  Medical Assistance Trust Fund.

20         Section 3.  Subsection (2) of section 395.7015, Florida

21  Statutes, is amended to read:

22         395.7015  Annual assessment on health care entities.--

23         (2)  There is imposed an annual assessment against

24  certain health care entities as described in this section:

25         (a)  The assessment shall be equal to 1 1.5 percent of

26  the annual net operating revenues of health care entities. The

27  assessment shall be payable to and collected by the agency.

28  Assessments shall be based on annual net operating revenues

29  for the entity's most recently completed fiscal year as

30  provided in subsection (3).

31

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    Florida Senate - 2000  CS for CS for CS for SB 2154, CS for SB

                                                     1900 & SB 282
    309-2227A-00


  1         (b)  For the purpose of this section, "health care

  2  entities" include the following:

  3         1.  Ambulatory surgical centers and mobile surgical

  4  facilities licensed under s. 395.003. This subsection shall

  5  only apply to mobile surgical facilities operating under

  6  contracts entered into on or after July 1, 1998.

  7         2.  Clinical laboratories licensed under s. 483.091,

  8  excluding any hospital laboratory defined under s. 483.041(5),

  9  any clinical laboratory operated by the state or a political

10  subdivision of the state, any clinical laboratory which

11  qualifies as an exempt organization under s. 501(c)(3) of the

12  Internal Revenue Code of 1986, as amended, and which receives

13  70 percent or more of its gross revenues from services to

14  charity patients or Medicaid patients, and any blood, plasma,

15  or tissue bank procuring, storing, or distributing blood,

16  plasma, or tissue either for future manufacture or research or

17  distributed on a nonprofit basis, and further excluding any

18  clinical laboratory which is wholly owned and operated by 6 or

19  fewer physicians who are licensed pursuant to chapter 458 or

20  chapter 459 and who practice in the same group practice, and

21  at which no clinical laboratory work is performed for patients

22  referred by any health care provider who is not a member of

23  the same group.

24         3.  Diagnostic-imaging centers that are freestanding

25  outpatient facilities that provide specialized services for

26  the identification or determination of a disease through

27  examination and also provide sophisticated radiological

28  services, and in which services are rendered by a physician

29  licensed by the Board of Medicine under s. 458.311, s.

30  458.313, or s. 458.317, or by an osteopathic physician

31  licensed by the Board of Osteopathic Medicine under s.

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    Florida Senate - 2000  CS for CS for CS for SB 2154, CS for SB

                                                     1900 & SB 282
    309-2227A-00


  1  459.006, s. 459.007, or s. 459.0075.  For purposes of this

  2  paragraph, "sophisticated radiological services" means the

  3  following:  magnetic resonance imaging; nuclear medicine;

  4  angiography; arteriography; computed tomography; positron

  5  emission tomography; digital vascular imaging; bronchography;

  6  lymphangiography; splenography; ultrasound, excluding

  7  ultrasound providers that are part of a private physician's

  8  office practice or when ultrasound is provided by two or more

  9  physicians licensed under chapter 458 or chapter 459 who are

10  members of the same professional association and who practice

11  in the same medical specialties; and such other sophisticated

12  radiological services, excluding mammography, as adopted in

13  rule by the board.

14         Section 4.  Paragraph (c) of subsection (2) of section

15  408.904, Florida Statutes, is amended to read:

16         408.904  Benefits.--

17         (2)  Covered health services include:

18         (c)  Hospital outpatient services.  Those services

19  provided to a member in the outpatient portion of a hospital

20  licensed under part I of chapter 395, up to a limit of $1,500

21  $1,000 per calendar year per member, that are preventive,

22  diagnostic, therapeutic, or palliative.

23         Section 5.  Subsection (6) of section 409.905, Florida

24  Statutes, is amended to read:

25         409.905  Mandatory Medicaid services.--The agency may

26  make payments for the following services, which are required

27  of the state by Title XIX of the Social Security Act,

28  furnished by Medicaid providers to recipients who are

29  determined to be eligible on the dates on which the services

30  were provided.  Any service under this section shall be

31  provided only when medically necessary and in accordance with

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    Florida Senate - 2000  CS for CS for CS for SB 2154, CS for SB

                                                     1900 & SB 282
    309-2227A-00


  1  state and federal law. Nothing in this section shall be

  2  construed to prevent or limit the agency from adjusting fees,

  3  reimbursement rates, lengths of stay, number of visits, number

  4  of services, or any other adjustments necessary to comply with

  5  the availability of moneys and any limitations or directions

  6  provided for in the General Appropriations Act or chapter 216.

  7         (6)  HOSPITAL OUTPATIENT SERVICES.--The agency shall

  8  pay for preventive, diagnostic, therapeutic, or palliative

  9  care and other services provided to a recipient in the

10  outpatient portion of a hospital licensed under part I of

11  chapter 395, and provided under the direction of a licensed

12  physician or licensed dentist, except that payment for such

13  care and services is limited to $1,500 $1,000 per state fiscal

14  year per recipient, unless an exception has been made by the

15  agency, and with the exception of a Medicaid recipient under

16  age 21, in which case the only limitation is medical

17  necessity.

18         Section 6.  Paragraph (a) of subsection (1) of section

19  409.908, Florida Statutes, is amended to read:

20         409.908  Reimbursement of Medicaid providers.--Subject

21  to specific appropriations, the agency shall reimburse

22  Medicaid providers, in accordance with state and federal law,

23  according to methodologies set forth in the rules of the

24  agency and in policy manuals and handbooks incorporated by

25  reference therein.  These methodologies may include fee

26  schedules, reimbursement methods based on cost reporting,

27  negotiated fees, competitive bidding pursuant to s. 287.057,

28  and other mechanisms the agency considers efficient and

29  effective for purchasing services or goods on behalf of

30  recipients.  Payment for Medicaid compensable services made on

31  behalf of Medicaid eligible persons is subject to the

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    Florida Senate - 2000  CS for CS for CS for SB 2154, CS for SB

                                                     1900 & SB 282
    309-2227A-00


  1  availability of moneys and any limitations or directions

  2  provided for in the General Appropriations Act or chapter 216.

  3  Further, nothing in this section shall be construed to prevent

  4  or limit the agency from adjusting fees, reimbursement rates,

  5  lengths of stay, number of visits, or number of services, or

  6  making any other adjustments necessary to comply with the

  7  availability of moneys and any limitations or directions

  8  provided for in the General Appropriations Act, provided the

  9  adjustment is consistent with legislative intent.

10         (1)  Reimbursement to hospitals licensed under part I

11  of chapter 395 must be made prospectively or on the basis of

12  negotiation.

13         (a)  Reimbursement for inpatient care is limited as

14  provided for in s. 409.905(5). Reimbursement for hospital

15  outpatient care is limited to $1,500 $1,000 per state fiscal

16  year per recipient, except for:

17         1.  Such care provided to a Medicaid recipient under

18  age 21, in which case the only limitation is medical

19  necessity;

20         2.  Renal dialysis services; and

21         3.  Other exceptions made by the agency.

22         Section 7.  Paragraph (e) is added to subsection (3) of

23  section 409.912, Florida Statutes, to read:

24         409.912  Cost-effective purchasing of health care.--The

25  agency shall purchase goods and services for Medicaid

26  recipients in the most cost-effective manner consistent with

27  the delivery of quality medical care.  The agency shall

28  maximize the use of prepaid per capita and prepaid aggregate

29  fixed-sum basis services when appropriate and other

30  alternative service delivery and reimbursement methodologies,

31  including competitive bidding pursuant to s. 287.057, designed

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    Florida Senate - 2000  CS for CS for CS for SB 2154, CS for SB

                                                     1900 & SB 282
    309-2227A-00


  1  to facilitate the cost-effective purchase of a case-managed

  2  continuum of care. The agency shall also require providers to

  3  minimize the exposure of recipients to the need for acute

  4  inpatient, custodial, and other institutional care and the

  5  inappropriate or unnecessary use of high-cost services.

  6         (3)  The agency may contract with:

  7         (e)  An entity in Pasco County or Pinellas County that

  8  provides in-home physician services to Medicaid recipients

  9  having degenerative neurological diseases in order to test the

10  cost-effectiveness of enhanced home-based medical care. The

11  entity providing the services shall be reimbursed on a

12  fee-for-service basis at a rate not less than comparable

13  Medicare reimbursement rates. The agency may apply for waivers

14  of federal regulations necessary to implement such program.

15  This paragraph expires July 1, 2002.

16         Section 8.  The Legislature shall appropriate each

17  fiscal year from the General Revenue Fund to the Public

18  Medical Assistance Trust Fund an amount sufficient to replace

19  the funds lost due to the reduction by this act of the

20  assessment on other health care entities under section

21  395.7015, Florida Statutes, and the reduction by this act in

22  the assessment on hospitals under section 395.701, Florida

23  Statutes, and to maintain federal approval of the reduced

24  amount of funds deposited into the Public Medical Assistance

25  Trust Fund under section 395.701, Florida Statutes, as state

26  matching funds for the state's Medicaid program.

27         Section 9.  The sum of $28.3 million is appropriated

28  from the General Revenue Fund to the Agency for Health Care

29  Administration for the purpose of implementing this act.

30  However, such appropriation shall be reduced by an amount

31  equal to any similar appropriation for the same purpose which

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    Florida Senate - 2000  CS for CS for CS for SB 2154, CS for SB

                                                     1900 & SB 282
    309-2227A-00


  1  is contained in other legislation adopted during the 2000

  2  legislative session and which becomes a law.

  3         Section 10.  Subsections (2) and (11) of section

  4  400.471, Florida Statutes, are amended to read:

  5         400.471  Application for license; fee; provisional

  6  license; temporary permit.--

  7         (2)  The applicant must file with the application

  8  satisfactory proof that the home health agency is in

  9  compliance with this part and applicable rules, including:

10         (a)  A listing of services to be provided, either

11  directly by the applicant or through contractual arrangements

12  with existing providers;

13         (b)  The number and discipline of professional staff to

14  be employed; and

15         (c)  Proof of financial ability to operate.

16

17  If the applicant has applied for a certificate of need under

18  ss. 408.0331-408.045 within the preceding 12 months, the

19  applicant may submit the proof required during the

20  certificate-of-need process along with an attestation that

21  there has been no substantial change in the facts and

22  circumstances underlying the original submission.

23         (11)  The agency may not issue a license designated as

24  certified to a home health agency that fails to receive a

25  certificate of need under ss. 408.031-408.045 or that fails to

26  satisfy the requirements of a Medicare certification survey

27  from the agency.

28         Section 11.  Section 408.032, Florida Statutes, is

29  amended to read:

30         408.032  Definitions.--As used in ss. 408.031-408.045,

31  the term:

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    Florida Senate - 2000  CS for CS for CS for SB 2154, CS for SB

                                                     1900 & SB 282
    309-2227A-00


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

  2  Administration.

  3         (2)  "Capital expenditure" means an expenditure,

  4  including an expenditure for a construction project undertaken

  5  by a health care facility as its own contractor, which, under

  6  generally accepted accounting principles, is not properly

  7  chargeable as an expense of operation and maintenance, which

  8  is made to change the bed capacity of the facility, or

  9  substantially change the services or service area of the

10  health care facility, health service provider, or hospice, and

11  which includes the cost of the studies, surveys, designs,

12  plans, working drawings, specifications, initial financing

13  costs, and other activities essential to acquisition,

14  improvement, expansion, or replacement of the plant and

15  equipment.

16         (3)  "Certificate of need" means a written statement

17  issued by the agency evidencing community need for a new,

18  converted, expanded, or otherwise significantly modified

19  health care facility, health service, or hospice.

20         (4)  "Commenced construction" means initiation of and

21  continuous activities beyond site preparation associated with

22  erecting or modifying a health care facility, including

23  procurement of a building permit applying the use of

24  agency-approved construction documents, proof of an executed

25  owner/contractor agreement or an irrevocable or binding forced

26  account, and actual undertaking of foundation forming with

27  steel installation and concrete placing.

28         (5)  "District" means a health service planning

29  district composed of the following counties:

30         District 1.--Escambia, Santa Rosa, Okaloosa, and Walton

31  Counties.

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    Florida Senate - 2000  CS for CS for CS for SB 2154, CS for SB

                                                     1900 & SB 282
    309-2227A-00


  1         District 2.--Holmes, Washington, Bay, Jackson,

  2  Franklin, Gulf, Gadsden, Liberty, Calhoun, Leon, Wakulla,

  3  Jefferson, Madison, and Taylor Counties.

  4         District 3.--Hamilton, Suwannee, Lafayette, Dixie,

  5  Columbia, Gilchrist, Levy, Union, Bradford, Putnam, Alachua,

  6  Marion, Citrus, Hernando, Sumter, and Lake Counties.

  7         District 4.--Baker, Nassau, Duval, Clay, St. Johns,

  8  Flagler, and Volusia Counties.

  9         District 5.--Pasco and Pinellas Counties.

10         District 6.--Hillsborough, Manatee, Polk, Hardee, and

11  Highlands Counties.

12         District 7.--Seminole, Orange, Osceola, and Brevard

13  Counties.

14         District 8.--Sarasota, DeSoto, Charlotte, Lee, Glades,

15  Hendry, and Collier Counties.

16         District 9.--Indian River, Okeechobee, St. Lucie,

17  Martin, and Palm Beach Counties.

18         District 10.--Broward County.

19         District 11.--Dade and Monroe Counties.

20         (6)  "Exemption" means the process by which a proposal

21  that would otherwise require a certificate of need may proceed

22  without a certificate of need.

23         (7)(6)  "Expedited review" means the process by which

24  certain types of applications are not subject to the review

25  cycle requirements contained in s. 408.039(1), and the letter

26  of intent requirements contained in s. 408.039(2).

27         (8)(7)  "Health care facility" means a hospital,

28  long-term care hospital, skilled nursing facility, hospice,

29  intermediate care facility, or intermediate care facility for

30  the developmentally disabled. A facility relying solely on

31

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  1  spiritual means through prayer for healing is not included as

  2  a health care facility.

  3         (9)(8)  "Health services" means diagnostic, curative,

  4  or rehabilitative services and includes alcohol treatment,

  5  drug abuse treatment, and mental health services. Obstetric

  6  services are not health services for purposes of ss.

  7  408.031-408.045.

  8         (9)  "Home health agency" means an organization, as

  9  defined in s. 400.462(4), that is certified or seeks

10  certification as a Medicare home health service provider.

11         (10)  "Hospice" or "hospice program" means a hospice as

12  defined in part VI of chapter 400.

13         (11)  "Hospital" means a health care facility licensed

14  under chapter 395.

15         (12)  "Institutional health service" means a health

16  service which is provided by or through a health care facility

17  and which entails an annual operating cost of $500,000 or

18  more.  The agency shall, by rule, adjust the annual operating

19  cost threshold annually using an appropriate inflation index.

20         (13)  "Intermediate care facility" means an institution

21  which provides, on a regular basis, health-related care and

22  services to individuals who do not require the degree of care

23  and treatment which a hospital or skilled nursing facility is

24  designed to provide, but who, because of their mental or

25  physical condition, require health-related care and services

26  above the level of room and board.

27         (12)(14)  "Intermediate care facility for the

28  developmentally disabled" means a residential facility

29  licensed under chapter 393 and certified by the Federal

30  Government pursuant to the Social Security Act as a provider

31

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  1  of Medicaid services to persons who are mentally retarded or

  2  who have a related condition.

  3         (13)(15)  "Long-term care hospital" means a hospital

  4  licensed under chapter 395 which meets the requirements of 42

  5  C.F.R. s. 412.23(e) and seeks exclusion from the Medicare

  6  prospective payment system for inpatient hospital services.

  7         (14)  "Mental health services" means inpatient services

  8  provided in a hospital licensed under chapter 395 and listed

  9  on the hospital license as psychiatric beds for adults;

10  psychiatric beds for children and adolescents; intensive

11  residential treatment beds for children and adolescents;

12  substance abuse beds for adults; or substance abuse beds for

13  children and adolescents.

14         (16)  "Multifacility project" means an integrated

15  residential and health care facility consisting of independent

16  living units, assisted living facility units, and nursing home

17  beds certificated on or after January 1, 1987, where:

18         (a)  The aggregate total number of independent living

19  units and assisted living facility units exceeds the number of

20  nursing home beds.

21         (b)  The developer of the project has expended the sum

22  of $500,000 or more on the certificated and noncertificated

23  elements of the project combined, exclusive of land costs, by

24  the conclusion of the 18th month of the life of the

25  certificate of need.

26         (c)  The total aggregate cost of construction of the

27  certificated element of the project, when combined with other,

28  noncertificated elements, is $10 million or more.

29         (d)  All elements of the project are contiguous or

30  immediately adjacent to each other and construction of all

31  elements will be continuous.

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  1         (15)(17)  "Nursing home geographically underserved

  2  area" means:

  3         (a)  A county in which there is no existing or approved

  4  nursing home;

  5         (b)  An area with a radius of at least 20 miles in

  6  which there is no existing or approved nursing home; or

  7         (c)  An area with a radius of at least 20 miles in

  8  which all existing nursing homes have maintained at least a 95

  9  percent occupancy rate for the most recent 6 months or a 90

10  percent occupancy rate for the most recent 12 months.

11         (18)  "Respite care" means short-term care in a

12  licensed health care facility which is personal or custodial

13  and is provided for chronic illness, physical infirmity, or

14  advanced age for the purpose of temporarily relieving family

15  members of the burden of providing care and attendance.

16         (16)(19)  "Skilled nursing facility" means an

17  institution, or a distinct part of an institution, which is

18  primarily engaged in providing, to inpatients, skilled nursing

19  care and related services for patients who require medical or

20  nursing care, or rehabilitation services for the

21  rehabilitation of injured, disabled, or sick persons.

22         (17)(20)  "Tertiary health service" means a health

23  service which, due to its high level of intensity, complexity,

24  specialized or limited applicability, and cost, should be

25  limited to, and concentrated in, a limited number of hospitals

26  to ensure the quality, availability, and cost-effectiveness of

27  such service. Examples of such service include, but are not

28  limited to, organ transplantation, specialty burn units,

29  neonatal intensive care units, comprehensive rehabilitation,

30  and medical or surgical services which are experimental or

31  developmental in nature to the extent that the provision of

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  1  such services is not yet contemplated within the commonly

  2  accepted course of diagnosis or treatment for the condition

  3  addressed by a given service.  The agency shall establish by

  4  rule a list of all tertiary health services.

  5         (18)(21)  "Regional area" means any of those regional

  6  health planning areas established by the agency to which local

  7  and district health planning funds are directed to local

  8  health councils through the General Appropriations Act.

  9         Section 12.  Paragraph (b) of subsection (1) and

10  paragraph (a) of subsection (3) of section 408.033, Florida

11  Statutes, are amended to read:

12         408.033  Local and state health planning.--

13         (1)  LOCAL HEALTH COUNCILS.--

14         (b)  Each local health council may:

15         1.  Develop a district or regional area health plan

16  that permits is consistent with the objectives and strategies

17  in the state health plan, but that shall permit each local

18  health council to develop strategies and set priorities for

19  implementation based on its unique local health needs.  The

20  district or regional area health plan must contain preferences

21  for the development of health services and facilities, which

22  may be considered by the agency in its review of

23  certificate-of-need applications.  The district health plan

24  shall be submitted to the agency and updated periodically. The

25  district health plans shall use a uniform format and be

26  submitted to the agency according to a schedule developed by

27  the agency in conjunction with the local health councils. The

28  schedule must provide for coordination between the development

29  of the state health plan and the district health plans and for

30  the development of district health plans by major sections

31  over a multiyear period.  The elements of a district plan

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  1  which are necessary to the review of certificate-of-need

  2  applications for proposed projects within the district may be

  3  adopted by the agency as a part of its rules.

  4         2.  Advise the agency on health care issues and

  5  resource allocations.

  6         3.  Promote public awareness of community health needs,

  7  emphasizing health promotion and cost-effective health service

  8  selection.

  9         4.  Collect data and conduct analyses and studies

10  related to health care needs of the district, including the

11  needs of medically indigent persons, and assist the agency and

12  other state agencies in carrying out data collection

13  activities that relate to the functions in this subsection.

14         5.  Monitor the onsite construction progress, if any,

15  of certificate-of-need approved projects and report council

16  findings to the agency on forms provided by the agency.

17         6.  Advise and assist any regional planning councils

18  within each district that have elected to address health

19  issues in their strategic regional policy plans with the

20  development of the health element of the plans to address the

21  health goals and policies in the State Comprehensive Plan.

22         7.  Advise and assist local governments within each

23  district on the development of an optional health plan element

24  of the comprehensive plan provided in chapter 163, to assure

25  compatibility with the health goals and policies in the State

26  Comprehensive Plan and district health plan.  To facilitate

27  the implementation of this section, the local health council

28  shall annually provide the local governments in its service

29  area, upon request, with:

30         a.  A copy and appropriate updates of the district

31  health plan;

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  1         b.  A report of hospital and nursing home utilization

  2  statistics for facilities within the local government

  3  jurisdiction; and

  4         c.  Applicable agency rules and calculated need

  5  methodologies for health facilities and services regulated

  6  under s. 408.034 for the district served by the local health

  7  council.

  8         8.  Monitor and evaluate the adequacy, appropriateness,

  9  and effectiveness, within the district, of local, state,

10  federal, and private funds distributed to meet the needs of

11  the medically indigent and other underserved population

12  groups.

13         9.  In conjunction with the Agency for Health Care

14  Administration, plan for services at the local level for

15  persons infected with the human immunodeficiency virus.

16         10.  Provide technical assistance to encourage and

17  support activities by providers, purchasers, consumers, and

18  local, regional, and state agencies in meeting the health care

19  goals, objectives, and policies adopted by the local health

20  council.

21         11.  Provide the agency with data required by rule for

22  the review of certificate-of-need applications and the

23  projection of need for health services and facilities in the

24  district.

25         (3)  DUTIES AND RESPONSIBILITIES OF THE AGENCY.--

26         (a)  The agency, in conjunction with the local health

27  councils, is responsible for the coordinated planning of all

28  health care services in the state and for the preparation of

29  the state health plan.

30         Section 13.  Subsection (2) of section 408.034, Florida

31  Statutes, is amended to read:

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  1         408.034  Duties and responsibilities of agency;

  2  rules.--

  3         (2)  In the exercise of its authority to issue licenses

  4  to health care facilities and health service providers, as

  5  provided under chapters 393, 395, and parts II, IV, and VI of

  6  chapter 400, the agency may not issue a license to any health

  7  care facility, health service provider, hospice, or part of a

  8  health care facility which fails to receive a certificate of

  9  need or an exemption for the licensed facility or service.

10         Section 14.  Section 408.035, Florida Statutes, is

11  amended to read:

12         408.035  Review criteria.--

13         (1)  The agency shall determine the reviewability of

14  applications and shall review applications for

15  certificate-of-need determinations for health care facilities

16  and health services in context with the following criteria:

17         (1)(a)  The need for the health care facilities and

18  health services being proposed in relation to the applicable

19  district health plan, except in emergency circumstances that

20  pose a threat to the public health.

21         (2)(b)  The availability, quality of care, efficiency,

22  appropriateness, accessibility, and extent of utilization of,

23  and adequacy of like and existing health care facilities and

24  health services in the service district of the applicant.

25         (3)(c)  The ability of the applicant to provide quality

26  of care and the applicant's record of providing quality of

27  care.

28         (d)  The availability and adequacy of other health care

29  facilities and health services in the service district of the

30  applicant, such as outpatient care and ambulatory or home care

31  services, which may serve as alternatives for the health care

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  1  facilities and health services to be provided by the

  2  applicant.

  3         (e)  Probable economies and improvements in service

  4  which may be derived from operation of joint, cooperative, or

  5  shared health care resources.

  6         (4)(f)  The need in the service district of the

  7  applicant for special health care equipment and services that

  8  are not reasonably and economically accessible in adjoining

  9  areas.

10         (5)(g)  The needs of need for research and educational

11  facilities, including, but not limited to, facilities with

12  institutional training programs and community training

13  programs for health care practitioners and for doctors of

14  osteopathic medicine and medicine at the student, internship,

15  and residency training levels.

16         (6)(h)  The availability of resources, including health

17  personnel, management personnel, and funds for capital and

18  operating expenditures, for project accomplishment and

19  operation.; the effects the project will have on clinical

20  needs of health professional training programs in the service

21  district; the extent to which the services will be accessible

22  to schools for health professions in the service district for

23  training purposes if such services are available in a limited

24  number of facilities; the availability of alternative uses of

25  such resources for the provision of other health services; and

26         (7)  The extent to which the proposed services will

27  enhance access to health care for be accessible to all

28  residents of the service district.

29         (8)(i)  The immediate and long-term financial

30  feasibility of the proposal.

31

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  1         (j)  The special needs and circumstances of health

  2  maintenance organizations.

  3         (k)  The needs and circumstances of those entities that

  4  provide a substantial portion of their services or resources,

  5  or both, to individuals not residing in the service district

  6  in which the entities are located or in adjacent service

  7  districts.  Such entities may include medical and other health

  8  professions, schools, multidisciplinary clinics, and specialty

  9  services such as open-heart surgery, radiation therapy, and

10  renal transplantation.

11         (9)(l)  The extent to which the proposal will foster

12  competition that promotes quality and cost-effectiveness. The

13  probable impact of the proposed project on the costs of

14  providing health services proposed by the applicant, upon

15  consideration of factors including, but not limited to, the

16  effects of competition on the supply of health services being

17  proposed and the improvements or innovations in the financing

18  and delivery of health services which foster competition and

19  service to promote quality assurance and cost-effectiveness.

20         (10)(m)  The costs and methods of the proposed

21  construction, including the costs and methods of energy

22  provision and the availability of alternative, less costly, or

23  more effective methods of construction.

24         (11)(n)  The applicant's past and proposed provision of

25  health care services to Medicaid patients and the medically

26  indigent.

27         (o)  The applicant's past and proposed provision of

28  services that promote a continuum of care in a multilevel

29  health care system, which may include, but are not limited to,

30  acute care, skilled nursing care, home health care, and

31  assisted living facilities.

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  1         (12)(p)  The applicant's designation as a Gold Seal

  2  Program nursing facility pursuant to s. 400.235, when the

  3  applicant is requesting additional nursing home beds at that

  4  facility.

  5         (2)  In cases of capital expenditure proposals for the

  6  provision of new health services to inpatients, the agency

  7  shall also reference each of the following in its findings of

  8  fact:

  9         (a)  That less costly, more efficient, or more

10  appropriate alternatives to such inpatient services are not

11  available and the development of such alternatives has been

12  studied and found not practicable.

13         (b)  That existing inpatient facilities providing

14  inpatient services similar to those proposed are being used in

15  an appropriate and efficient manner.

16         (c)  In the case of new construction or replacement

17  construction, that alternatives to the construction, for

18  example, modernization or sharing arrangements, have been

19  considered and have been implemented to the maximum extent

20  practicable.

21         (d)  That patients will experience serious problems in

22  obtaining inpatient care of the type proposed, in the absence

23  of the proposed new service.

24         (e)  In the case of a proposal for the addition of beds

25  for the provision of skilled nursing or intermediate care

26  services, that the addition will be consistent with the plans

27  of other agencies of the state responsible for the provision

28  and financing of long-term care, including home health

29  services.

30         Section 15.  Section 408.036, Florida Statutes, is

31  amended to read:

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  1         408.036  Projects subject to review.--

  2         (1)  APPLICABILITY.--Unless exempt under subsection

  3  (3), all health-care-related projects, as described in

  4  paragraphs (a)-(h)(k), are subject to review and must file an

  5  application for a certificate of need with the agency. The

  6  agency is exclusively responsible for determining whether a

  7  health-care-related project is subject to review under ss.

  8  408.031-408.045.

  9         (a)  The addition of beds by new construction or

10  alteration.

11         (b)  The new construction or establishment of

12  additional health care facilities, including a replacement

13  health care facility when the proposed project site is not

14  located on the same site as the existing health care facility.

15         (c)  The conversion from one type of health care

16  facility to another, including the conversion from one level

17  of care to another, in a skilled or intermediate nursing

18  facility, if the conversion effects a change in the level of

19  care of 10 beds or 10 percent of total bed capacity of the

20  skilled or intermediate nursing facility within a 2-year

21  period.  If the nursing facility is certified for both skilled

22  and intermediate nursing care, the provisions of this

23  paragraph do not apply.

24         (d)  An Any increase in the total licensed bed capacity

25  of a health care facility.

26         (e)  Subject to the provisions of paragraph (3)(i), The

27  establishment of a Medicare-certified home health agency, the

28  establishment of a hospice or hospice inpatient facility,

29  except as provided in s. 408.043 or the direct provision of

30  such services by a health care facility or health maintenance

31  organization for those other than the subscribers of the

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  1  health maintenance organization; except that this paragraph

  2  does not apply to the establishment of a Medicare-certified

  3  home health agency by a facility described in paragraph

  4  (3)(h).

  5         (f)  An acquisition by or on behalf of a health care

  6  facility or health maintenance organization, by any means,

  7  which acquisition would have required review if the

  8  acquisition had been by purchase.

  9         (f)(g)  The establishment of inpatient institutional

10  health services by a health care facility, or a substantial

11  change in such services.

12         (h)  The acquisition by any means of an existing health

13  care facility by any person, unless the person provides the

14  agency with at least 30 days' written notice of the proposed

15  acquisition, which notice is to include the services to be

16  offered and the bed capacity of the facility, and unless the

17  agency does not determine, within 30 days after receipt of

18  such notice, that the services to be provided and the bed

19  capacity of the facility will be changed.

20         (i)  An increase in the cost of a project for which a

21  certificate of need has been issued when the increase in cost

22  exceeds 20 percent of the originally approved cost of the

23  project, except that a cost overrun review is not necessary

24  when the cost overrun is less than $20,000.

25         (g)(j)  An increase in the number of beds for acute

26  care, nursing home care beds, specialty burn units, neonatal

27  intensive care units, comprehensive rehabilitation, mental

28  health services, or hospital-based distinct part skilled

29  nursing units, or at a long-term care hospital psychiatric or

30  rehabilitation beds.

31         (h)(k)  The establishment of tertiary health services.

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  1         (2)  PROJECTS SUBJECT TO EXPEDITED REVIEW.--Unless

  2  exempt pursuant to subsection (3), projects subject to an

  3  expedited review shall include, but not be limited to:

  4         (a)  Cost overruns, as defined in paragraph (1)(i).

  5         (a)(b)  Research, education, and training programs.

  6         (b)(c)  Shared services contracts or projects.

  7         (c)(d)  A transfer of a certificate of need.

  8         (d)(e)  A 50-percent increase in nursing home beds for

  9  a facility incorporated and operating in this state for at

10  least 60 years on or before July 1, 1988, which has a licensed

11  nursing home facility located on a campus providing a variety

12  of residential settings and supportive services.  The

13  increased nursing home beds shall be for the exclusive use of

14  the campus residents.  Any application on behalf of an

15  applicant meeting this requirement shall be subject to the

16  base fee of $5,000 provided in s. 408.038.

17         (f)  Combination within one nursing home facility of

18  the beds or services authorized by two or more certificates of

19  need issued in the same planning subdistrict.

20         (g)  Division into two or more nursing home facilities

21  of beds or services authorized by one certificate of need

22  issued in the same planning subdistrict.  Such division shall

23  not be approved if it would adversely affect the original

24  certificate's approved cost.

25         (e)(h)  Replacement of a health care facility when the

26  proposed project site is located in the same district and

27  within a 1-mile radius of the replaced health care facility.

28         (f)  The conversion of mental health services beds

29  licensed under chapter 395 or hospital-based distinct part

30  skilled nursing unit beds to general acute care beds; the

31  conversion of mental health services beds between or among the

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  1  licensed bed categories defined as beds for mental health

  2  services; or the conversion of general acute care beds to beds

  3  for mental health services.

  4         1.  Conversion under this paragraph shall not establish

  5  a new licensed bed category at the hospital but shall apply

  6  only to categories of beds licensed at that hospital.

  7         2.  Beds converted under this paragraph must be

  8  licensed and operational for at least 12 months before the

  9  hospital may apply for additional conversion affecting beds of

10  the same type.

11

12  The agency shall develop rules to implement the provisions for

13  expedited review, including time schedule, application content

14  which may be reduced from the full requirements of s.

15  408.037(1), and application processing.

16         (3)  EXEMPTIONS.--Upon request, the following projects

17  are subject to supported by such documentation as the agency

18  requires, the agency shall grant an exemption from the

19  provisions of subsection (1):

20         (a)  For the initiation or expansion of obstetric

21  services.

22         (a)(b)  For replacement of any expenditure to replace

23  or renovate any part of a licensed health care facility on the

24  same site, provided that the number of licensed beds in each

25  licensed bed category will not increase and, in the case of a

26  replacement facility, the project site is the same as the

27  facility being replaced.

28         (c)  For providing respite care services. An individual

29  may be admitted to a respite care program in a hospital

30  without regard to inpatient requirements relating to admitting

31  order and attendance of a member of a medical staff.

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  1         (b)(d)  For hospice services or home health services

  2  provided by a rural hospital, as defined in s. 395.602, or for

  3  swing beds in a such rural hospital, as defined in s. 395.602,

  4  in a number that does not exceed one-half of its licensed

  5  beds.

  6         (c)(e)  For the conversion of licensed acute care

  7  hospital beds to Medicare and Medicaid certified skilled

  8  nursing beds in a rural hospital, as defined in s. 395.602, so

  9  long as the conversion of the beds does not involve the

10  construction of new facilities. The total number of skilled

11  nursing beds, including swing beds, may not exceed one-half of

12  the total number of licensed beds in the rural hospital as of

13  July 1, 1993. Certified skilled nursing beds designated under

14  this paragraph, excluding swing beds, shall be included in the

15  community nursing home bed inventory.  A rural hospital which

16  subsequently decertifies any acute care beds exempted under

17  this paragraph shall notify the agency of the decertification,

18  and the agency shall adjust the community nursing home bed

19  inventory accordingly.

20         (d)(f)  For the addition of nursing home beds at a

21  skilled nursing facility that is part of a retirement

22  community that provides a variety of residential settings and

23  supportive services and that has been incorporated and

24  operated in this state for at least 65 years on or before July

25  1, 1994. All nursing home beds must not be available to the

26  public but must be for the exclusive use of the community

27  residents.

28         (e)(g)  For an increase in the bed capacity of a

29  nursing facility licensed for at least 50 beds as of January

30  1, 1994, under part II of chapter 400 which is not part of a

31  continuing care facility if, after the increase, the total

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  1  licensed bed capacity of that facility is not more than 60

  2  beds and if the facility has been continuously licensed since

  3  1950 and has received a superior rating on each of its two

  4  most recent licensure surveys.

  5         (h)  For the establishment of a Medicare-certified home

  6  health agency by a facility certified under chapter 651; a

  7  retirement community, as defined in s. 400.404(2)(g); or a

  8  residential facility that serves only retired military

  9  personnel, their dependents, and the surviving dependents of

10  deceased military personnel. Medicare-reimbursed home health

11  services provided through such agency shall be offered

12  exclusively to residents of the facility or retirement

13  community or to residents of facilities or retirement

14  communities owned, operated, or managed by the same corporate

15  entity. Each visit made to deliver Medicare-reimbursable home

16  health services to a home health patient who, at the time of

17  service, is not a resident of the facility or retirement

18  community shall be a deceptive and unfair trade practice and

19  constitutes a violation of ss. 501.201-501.213.

20         (i)  For the establishment of a Medicare-certified home

21  health agency. This paragraph shall take effect 90 days after

22  the adjournment sine die of the next regular session of the

23  Legislature occurring after the legislative session in which

24  the Legislature receives a report from the Director of Health

25  Care Administration certifying that the federal Health Care

26  Financing Administration has implemented a per-episode

27  prospective pay system for Medicare-certified home health

28  agencies.

29         (f)(j)  For an inmate health care facility built by or

30  for the exclusive use of the Department of Corrections as

31

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  1  provided in chapter 945. This exemption expires when such

  2  facility is converted to other uses.

  3         (k)  For an expenditure by or on behalf of a health

  4  care facility to provide a health service exclusively on an

  5  outpatient basis.

  6         (g)(l)  For the termination of an inpatient a health

  7  care service.

  8         (h)(m)  For the delicensure of beds. A request for

  9  exemption An application submitted under this paragraph must

10  identify the number, the category of beds classification, and

11  the name of the facility in which the beds to be delicensed

12  are located.

13         (i)(n)  For the provision of adult inpatient diagnostic

14  cardiac catheterization services in a hospital.

15         1.  In addition to any other documentation otherwise

16  required by the agency, a request for an exemption submitted

17  under this paragraph must comply with the following criteria:

18         a.  The applicant must certify it will not provide

19  therapeutic cardiac catheterization pursuant to the grant of

20  the exemption.

21         b.  The applicant must certify it will meet and

22  continuously maintain the minimum licensure requirements

23  adopted by the agency governing such programs pursuant to

24  subparagraph 2.

25         c.  The applicant must certify it will provide a

26  minimum of 2 percent of its services to charity and Medicaid

27  patients.

28         2.  The agency shall adopt licensure requirements by

29  rule which govern the operation of adult inpatient diagnostic

30  cardiac catheterization programs established pursuant to the

31

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  1  exemption provided in this paragraph. The rules shall ensure

  2  that such programs:

  3         a.  Perform only adult inpatient diagnostic cardiac

  4  catheterization services authorized by the exemption and will

  5  not provide therapeutic cardiac catheterization or any other

  6  services not authorized by the exemption.

  7         b.  Maintain sufficient appropriate equipment and

  8  health personnel to ensure quality and safety.

  9         c.  Maintain appropriate times of operation and

10  protocols to ensure availability and appropriate referrals in

11  the event of emergencies.

12         d.  Maintain appropriate program volumes to ensure

13  quality and safety.

14         e.  Provide a minimum of 2 percent of its services to

15  charity and Medicaid patients each year.

16         3.a.  The exemption provided by this paragraph shall

17  not apply unless the agency determines that the program is in

18  compliance with the requirements of subparagraph 1. and that

19  the program will, after beginning operation, continuously

20  comply with the rules adopted pursuant to subparagraph 2.  The

21  agency shall monitor such programs to ensure compliance with

22  the requirements of subparagraph 2.

23         b.(I)  The exemption for a program shall expire

24  immediately when the program fails to comply with the rules

25  adopted pursuant to sub-subparagraphs 2.a., b., and c.

26         (II)  Beginning 18 months after a program first begins

27  treating patients, the exemption for a program shall expire

28  when the program fails to comply with the rules adopted

29  pursuant to sub-subparagraphs 2.d. and e.

30         (III)  If the exemption for a program expires pursuant

31  to sub-sub-subparagraph (I) or sub-sub-subparagraph (II), the

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  1  agency shall not grant an exemption pursuant to this paragraph

  2  for an adult inpatient diagnostic cardiac catheterization

  3  program located at the same hospital until 2 years following

  4  the date of the determination by the agency that the program

  5  failed to comply with the rules adopted pursuant to

  6  subparagraph 2.

  7         4.  The agency shall not grant any exemption under this

  8  paragraph until the adoption of the rules required under this

  9  paragraph, or until March 1, 1998, whichever comes first.

10  However, if final rules have not been adopted by March 1,

11  1998, the proposed rules governing the exemptions shall be

12  used by the agency to grant exemptions under the provisions of

13  this paragraph until final rules become effective.

14         (j)(o)  For any expenditure to provide mobile surgical

15  facilities and related health care services provided under

16  contract with the Department of Corrections or a private

17  correctional facility operating pursuant to chapter 957.

18         (k)(p)  For state veterans' nursing homes operated by

19  or on behalf of the Florida Department of Veterans' Affairs in

20  accordance with part II of chapter 296 for which at least 50

21  percent of the construction cost is federally funded and for

22  which the Federal Government pays a per diem rate not to

23  exceed one-half of the cost of the veterans' care in such

24  state nursing homes. These beds shall not be included in the

25  nursing home bed inventory.

26         (l)  For combination within one nursing home facility

27  of the beds or services authorized by two or more certificates

28  of need issued in the same planning subdistrict.  An exemption

29  granted under this paragraph shall extend the validity period

30  of the certificates of need to be consolidated by the length

31  of the period beginning upon submission of the exemption

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  1  request and ending with issuance of the exemption.  The

  2  longest validity period among the certificates shall be

  3  applicable to each of the combined certificates.

  4         (m)  For division into two or more nursing home

  5  facilities of beds or services authorized by one certificate

  6  of need issued in the same planning subdistrict.  An exemption

  7  granted under this paragraph shall extend the validity period

  8  of the certificate of need to be divided by the length of the

  9  period beginning upon submission of the exemption request and

10  ending with issuance of the exemption.

11         (n)  For the addition of hospital beds licensed under

12  chapter 395 for acute care, mental health services, or a

13  hospital-based distinct part skilled nursing unit in a number

14  that may not exceed 10 total beds or 10 percent of the

15  licensed capacity of the bed category being expanded,

16  whichever is greater. Beds for specialty burn units, neonatal

17  intensive care units, or comprehensive rehabilitation, or at a

18  long-term care hospital, may not be increased under this

19  paragraph.

20         1.  In addition to any other documentation otherwise

21  required by the agency, a request for exemption submitted

22  under this paragraph must:

23         a.  Certify that the prior 12-month average occupancy

24  rate for the category of licensed beds being expanded at the

25  facility meets or exceeds 80 percent or, for a hospital-based

26  distinct part skilled nursing unit, the prior 12-month average

27  occupancy rate meets or exceeds 96 percent.

28         b.  Certify that any beds of the same type authorized

29  for the facility under this paragraph before the date of the

30  current request for an exemption have been licensed and

31  operational for at least 12 months.

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  1         2.  The timeframes and monitoring process specified in

  2  s. 408.040(2)(a)-(c) apply to any exemption issued under this

  3  paragraph.

  4         3.  The agency shall count beds authorized under this

  5  paragraph as approved beds in the published inventory of

  6  hospital beds until the beds are licensed.

  7         (o)  For the addition of acute care beds, as authorized

  8  by rule consistent with s. 395.003(4), in a number that may

  9  not exceed 10 total beds or 10 percent of licensed bed

10  capacity, whichever is greater, for temporary beds in a

11  hospital that has experienced high seasonal occupancy within

12  the prior 12-month period or in a hospital that must respond

13  to emergency circumstances.

14         (p)  For the addition of nursing home beds licensed

15  under chapter 400 in a number not exceeding 10 total beds or

16  10 percent of the number of beds licensed in the facility

17  being expanded, whichever is greater.

18         1.  In addition to any other documentation required by

19  the agency, a request for exemption submitted under this

20  paragraph must:

21         a.  Effective until June 30, 2001, certify that the

22  facility has not had any class I or class II deficiencies

23  within the 30 months preceding the request for addition.

24         b.  Effective on July 1, 2001, certify that the

25  facility has been designated as a Gold Seal nursing home under

26  s. 400.235.

27         c.  Certify that the prior 12-month average occupancy

28  rate for the nursing home beds at the facility meets or

29  exceeds 96 percent.

30         d.  Certify that any beds authorized for the facility

31  under this paragraph before the date of the current request

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  1  for an exemption have been licensed and operational for at

  2  least 12 months.

  3         2.  The timeframes and monitoring process specified in

  4  s. 408.040(2)(a)-(c) apply to any exemption issued under this

  5  paragraph.

  6         3.  The agency shall count beds authorized under this

  7  paragraph as approved beds in the published inventory of

  8  nursing home beds until the beds are licensed.

  9         (4)  A request for exemption under this subsection (3)

10  may be made at any time and is not subject to the batching

11  requirements of this section. The request shall be supported

12  by such documentation as the agency requires by rule. The

13  agency shall assess a fee of $250 for each request for

14  exemption submitted under subsection (3).

15         Section 16.  Paragraph (a) of subsection (1) of section

16  408.037, Florida Statutes, is amended to read:

17         408.037  Application content.--

18         (1)  An application for a certificate of need must

19  contain:

20         (a)  A detailed description of the proposed project and

21  statement of its purpose and need in relation to the local

22  health plan and the state health plan.

23         Section 17.  Section 408.038, Florida Statutes, is

24  amended to read:

25         408.038  Fees.--The agency department shall assess fees

26  on certificate-of-need applications.  Such fees shall be for

27  the purpose of funding the functions of the local health

28  councils and the activities of the agency department and shall

29  be allocated as provided in s. 408.033. The fee shall be

30  determined as follows:

31         (1)  A minimum base fee of $5,000.

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  1         (2)  In addition to the base fee of $5,000, 0.015 of

  2  each dollar of proposed expenditure, except that a fee may not

  3  exceed $22,000.

  4         Section 18.  Subsections (3) and (4) and paragraphs (a)

  5  and (b) of subsection (6) of section 408.039, Florida

  6  Statutes, are amended to read:

  7         408.039  Review process.--The review process for

  8  certificates of need shall be as follows:

  9         (3)  APPLICATION PROCESSING.--

10         (a)  An applicant shall file an application with the

11  agency department, and shall furnish a copy of the application

12  to the local health council and the agency department. Within

13  15 days after the applicable application filing deadline

14  established by agency department rule, the staff of the agency

15  department shall determine if the application is complete.  If

16  the application is incomplete, the staff shall request

17  specific information from the applicant necessary for the

18  application to be complete; however, the staff may make only

19  one such request. If the requested information is not filed

20  with the agency department within 21 days of the receipt of

21  the staff's request, the application shall be deemed

22  incomplete and deemed withdrawn from consideration.

23         (b)  Upon the request of any applicant or substantially

24  affected person within 14 days after notice that an

25  application has been filed, a public hearing may be held at

26  the agency's department's discretion if the agency department

27  determines that a proposed project involves issues of great

28  local public interest. The public hearing shall allow

29  applicants and other interested parties reasonable time to

30  present their positions and to present rebuttal information. A

31  recorded verbatim record of the hearing shall be maintained.

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  1  The public hearing shall be held at the local level within 21

  2  days after the application is deemed complete.

  3         (4)  STAFF RECOMMENDATIONS.--

  4         (a)  The agency's department's review of and final

  5  agency action on applications shall be in accordance with the

  6  district health plan, and statutory criteria, and the

  7  implementing administrative rules.  In the application review

  8  process, the agency department shall give a preference, as

  9  defined by rule of the agency department, to an applicant

10  which proposes to develop a nursing home in a nursing home

11  geographically underserved area.

12         (b)  Within 60 days after all the applications in a

13  review cycle are determined to be complete, the agency

14  department shall issue its State Agency Action Report and

15  Notice of Intent to grant a certificate of need for the

16  project in its entirety, to grant a certificate of need for

17  identifiable portions of the project, or to deny a certificate

18  of need.  The State Agency Action Report shall set forth in

19  writing its findings of fact and determinations upon which its

20  decision is based.  If a finding of fact or determination by

21  the agency department is counter to the district health plan

22  of the local health council, the agency department shall

23  provide in writing its reason for its findings, item by item,

24  to the local health council.  If the agency department intends

25  to grant a certificate of need, the State Agency Action Report

26  or the Notice of Intent shall also include any conditions

27  which the agency department intends to attach to the

28  certificate of need. The agency department shall designate by

29  rule a senior staff person, other than the person who issues

30  the final order, to issue State Agency Action Reports and

31  Notices of Intent.

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  1         (c)  The agency department shall publish its proposed

  2  decision set forth in the Notice of Intent in the Florida

  3  Administrative Weekly within 14 days after the Notice of

  4  Intent is issued.

  5         (d)  If no administrative hearing is requested pursuant

  6  to subsection (5), the State Agency Action Report and the

  7  Notice of Intent shall become the final order of the agency

  8  department.  The agency department shall provide a copy of the

  9  final order to the appropriate local health council.

10         (6)  JUDICIAL REVIEW.--

11         (a)  A party to an administrative hearing for an

12  application for a certificate of need has the right, within

13  not more than 30 days after the date of the final order, to

14  seek judicial review in the District Court of Appeal pursuant

15  to s. 120.68.  The agency department shall be a party in any

16  such proceeding.

17         (b)  In such judicial review, the court shall affirm

18  the final order of the agency department, unless the decision

19  is arbitrary, capricious, or not in compliance with ss.

20  408.031-408.045.

21         Section 19.  Subsections (1) and (2) of section

22  408.040, Florida Statutes, are amended to read:

23         408.040  Conditions and monitoring.--

24         (1)(a)  The agency may issue a certificate of need

25  predicated upon statements of intent expressed by an applicant

26  in the application for a certificate of need. Any conditions

27  imposed on a certificate of need based on such statements of

28  intent shall be stated on the face of the certificate of need.

29         1.  Any certificate of need issued for construction of

30  a new hospital or for the addition of beds to an existing

31  hospital shall include a statement of the number of beds

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  1  approved by category of service, including rehabilitation or

  2  psychiatric service, for which the agency has adopted by rule

  3  a specialty-bed-need methodology. All beds that are approved,

  4  but are not covered by any specialty-bed-need methodology,

  5  shall be designated as general.

  6         (b)2.  The agency may consider, in addition to the

  7  other criteria specified in s. 408.035, a statement of intent

  8  by the applicant that a specified to designate a percentage of

  9  the annual patient days at beds of the facility will be

10  utilized for use by patients eligible for care under Title XIX

11  of the Social Security Act. Any certificate of need issued to

12  a nursing home in reliance upon an applicant's statements that

13  to provide a specified percentage number of annual patient

14  days will be utilized beds for use by residents eligible for

15  care under Title XIX of the Social Security Act must include a

16  statement that such certification is a condition of issuance

17  of the certificate of need. The certificate-of-need program

18  shall notify the Medicaid program office and the Department of

19  Elderly Affairs when it imposes conditions as authorized in

20  this paragraph subparagraph in an area in which a community

21  diversion pilot project is implemented.

22         (c)(b)  A certificateholder may apply to the agency for

23  a modification of conditions imposed under paragraph (a) or

24  paragraph (b). If the holder of a certificate of need

25  demonstrates good cause why the certificate should be

26  modified, the agency shall reissue the certificate of need

27  with such modifications as may be appropriate.  The agency

28  shall by rule define the factors constituting good cause for

29  modification.

30         (d)(c)  If the holder of a certificate of need fails to

31  comply with a condition upon which the issuance of the

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  1  certificate was predicated, the agency may assess an

  2  administrative fine against the certificateholder in an amount

  3  not to exceed $1,000 per failure per day.  In assessing the

  4  penalty, the agency shall take into account as mitigation the

  5  relative lack of severity of a particular failure.  Proceeds

  6  of such penalties shall be deposited in the Public Medical

  7  Assistance Trust Fund.

  8         (2)(a)  Unless the applicant has commenced

  9  construction, if the project provides for construction, unless

10  the applicant has incurred an enforceable capital expenditure

11  commitment for a project, if the project does not provide for

12  construction, or unless subject to paragraph (b), a

13  certificate of need shall terminate 18 months after the date

14  of issuance, except in the case of a multifacility project, as

15  defined in s. 408.032, where the certificate of need shall

16  terminate 2 years after the date of issuance. The agency shall

17  monitor the progress of the holder of the certificate of need

18  in meeting the timetable for project development specified in

19  the application with the assistance of the local health

20  council as specified in s. 408.033(1)(b)5., and may revoke the

21  certificate of need, if the holder of the certificate is not

22  meeting such timetable and is not making a good-faith good

23  faith effort, as defined by rule, to meet it.

24         (b)  A certificate of need issued to an applicant

25  holding a provisional certificate of authority under chapter

26  651 shall terminate 1 year after the applicant receives a

27  valid certificate of authority from the Department of

28  Insurance.

29         (c)  The certificate-of-need validity period for a

30  project shall be extended by the agency, to the extent that

31  the applicant demonstrates to the satisfaction of the agency

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  1  that good-faith good faith commencement of the project is

  2  being delayed by litigation or by governmental action or

  3  inaction with respect to regulations or permitting precluding

  4  commencement of the project.

  5         (d)  If an application is filed to consolidate two or

  6  more certificates as authorized by s. 408.036(2)(f) or to

  7  divide a certificate of need into two or more facilities as

  8  authorized by s. 408.036(2)(g), the validity period of the

  9  certificate or certificates of need to be consolidated or

10  divided shall be extended for the period beginning upon

11  submission of the application and ending when final agency

12  action and any appeal from such action has been concluded.

13  However, no such suspension shall be effected if the

14  application is withdrawn by the applicant.

15         Section 20.  Section 408.044, Florida Statutes, is

16  amended to read:

17         408.044  Injunction.--Notwithstanding the existence or

18  pursuit of any other remedy, the agency department may

19  maintain an action in the name of the state for injunction or

20  other process against any person to restrain or prevent the

21  pursuit of a project subject to review under ss.

22  408.031-408.045, in the absence of a valid certificate of

23  need.

24         Section 21.  Section 408.045, Florida Statutes, is

25  amended to read:

26         408.045  Certificate of need; competitive sealed

27  proposals.--

28         (1)  The application, review, and issuance procedures

29  for a certificate of need for an intermediate care facility

30  for the developmentally disabled may be made by the agency

31  department by competitive sealed proposals.

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  1         (2)  The agency department shall make a decision

  2  regarding the issuance of the certificate of need in

  3  accordance with the provisions of s. 287.057(15), rules

  4  adopted by the agency department relating to intermediate care

  5  facilities for the developmentally disabled, and the criteria

  6  in s. 408.035, as further defined by rule.

  7         (3)  Notification of the decision shall be issued to

  8  all applicants not later than 28 calendar days after the date

  9  responses to a request for proposal are due.

10         (4)  The procedures provided for under this section are

11  exempt from the batching cycle requirements and the public

12  hearing requirement of s. 408.039.

13         (5)  The agency department may use the competitive

14  sealed proposal procedure for determining a certificate of

15  need for other types of health care facilities and services if

16  the agency department identifies an unmet health care need and

17  when funding in whole or in part for such health care

18  facilities or services is authorized by the Legislature.

19         Section 22.  (1)(a)  There is created a

20  certificate-of-need workgroup staffed by the Agency for Health

21  Care Administration.

22         (b)  Workgroup participants shall be responsible for

23  only the expenses that they generate individually through

24  workgroup participation.  The agency shall be responsible for

25  expenses incidental to the production of any required data or

26  reports.

27         (2)  The workgroup shall consist of 30 members, 10

28  appointed by the Governor, 10 appointed by the President of

29  the Senate, and 10 appointed by the Speaker of the House of

30  Representatives. The workgroup chairperson shall be selected

31  by majority vote of a quorum present. Sixteen members shall

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  1  constitute a quorum. The membership shall include, but not be

  2  limited to, representatives from health care provider

  3  organizations, health care facilities, individual health care

  4  practitioners, local health councils, and consumer

  5  organizations, and persons with health care market expertise

  6  as a private-sector consultant.

  7         (3)  Appointment to the workgroup shall be as follows:

  8         (a)  The Governor shall appoint one representative each

  9  from the hospital industry; nursing home industry; hospice

10  industry; local health councils; a consumer organization; and

11  three health care market consultants, one of whom is a

12  recognized expert on hospital markets, one of whom is a

13  recognized expert on nursing home or long-term-care markets,

14  and one of whom is a recognized expert on hospice markets; one

15  representative from the Medicaid program; and one

16  representative from a health care facility that provides a

17  tertiary service.

18         (b)  The President of the Senate shall appoint a

19  representative of a for-profit hospital, a representative of a

20  not-for-profit hospital, a representative of a public

21  hospital, two representatives of the nursing home industry,

22  two representatives of the hospice industry, a representative

23  of a consumer organization, a representative from the

24  Department of Elderly Affairs involved with the implementation

25  of a long-term-care community diversion program, and a health

26  care market consultant with expertise in health care

27  economics.

28         (c)  The Speaker of the House of Representatives shall

29  appoint a representative from the Florida Hospital

30  Association, a representative of the Association of Community

31  Hospitals and Health Systems of Florida, a representative of

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  1  the Florida League of Health Systems, a representative of the

  2  Florida Health Care Association, a representative of the

  3  Florida Association of Homes for the Aging, three

  4  representatives of Florida Hospices and Palliative Care, one

  5  representative of local health councils, and one

  6  representative of a consumer organization.

  7         (4)  The workgroup shall study issues pertaining to the

  8  certificate-of-need program, including the impact of trends in

  9  health care delivery and financing. The workgroup shall study

10  issues relating to implementation of the certificate-of-need

11  program.

12         (5)  The workgroup shall meet at least annually, at the

13  request of the chairperson. The workgroup shall submit an

14  interim report by December 31, 2001, and a final report by

15  December 31, 2002. The workgroup is abolished effective July

16  1, 2003.

17         Section 23.  Subsection (7) of section 651.118, Florida

18  Statutes, is amended to read:

19         651.118  Agency for Health Care Administration;

20  certificates of need; sheltered beds; community beds.--

21         (7)  Notwithstanding the provisions of subsection (2),

22  at the discretion of the continuing care provider, sheltered

23  nursing home beds may be used for persons who are not

24  residents of the facility and who are not parties to a

25  continuing care contract for a period of up to 5 years after

26  the date of issuance of the initial nursing home license.  A

27  provider whose 5-year period has expired or is expiring may

28  request the Agency for Health Care Administration for an

29  extension, not to exceed 30 percent of the total sheltered

30  nursing home beds, if the utilization by residents of the

31  facility in the sheltered beds will not generate sufficient

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  1  income to cover facility expenses, as evidenced by one of the

  2  following:

  3         (a)  The facility has a net loss for the most recent

  4  fiscal year as determined under generally accepted accounting

  5  principles, excluding the effects of extraordinary or unusual

  6  items, as demonstrated in the most recently audited financial

  7  statement; or

  8         (b)  The facility would have had a pro forma loss for

  9  the most recent fiscal year, excluding the effects of

10  extraordinary or unusual items, if revenues were reduced by

11  the amount of revenues from persons in sheltered beds who were

12  not residents, as reported on by a certified public

13  accountant.

14

15  The agency shall be authorized to grant an extension to the

16  provider based on the evidence required in this subsection.

17  The agency may request a facility to use up to 25 percent of

18  the patient days generated by new admissions of nonresidents

19  during the extension period to serve Medicaid recipients for

20  those beds authorized for extended use if there is a

21  demonstrated need in the respective service area and if funds

22  are available. A provider who obtains an extension is

23  prohibited from applying for additional sheltered beds under

24  the provision of subsection (2), unless additional residential

25  units are built or the provider can demonstrate need by

26  facility residents to the Agency for Health Care

27  Administration. The 5-year limit does not apply to up to five

28  sheltered beds designated for inpatient hospice care as part

29  of a contractual arrangement with a hospice licensed under

30  part VI of chapter 400. A facility that uses such beds after

31  the 5-year period shall report such use to the Agency for

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  1  Health Care Administration. For purposes of this subsection,

  2  "resident" means a person who, upon admission to the facility,

  3  initially resides in a part of the facility not licensed under

  4  part II of chapter 400.

  5         Section 24.  Subsection (3) of section 400.464, Florida

  6  Statutes, is repealed.

  7         Section 25.  Applications for certificates of need

  8  submitted under section 408.031-408.045, Florida Statutes,

  9  before the effective date of this act shall be governed by the

10  law in effect at the time the application was submitted.

11         Section 26.  The General Appropriations Act for Fiscal

12  Year 2000-2001 shall be reduced by 4 FTE and $260,719 from the

13  Health Care Trust Fund in the Agency for Health Care

14  Administration for purposes of implementing the provisions of

15  sections 10 through 25 of this act.

16         Section 27.  Subsection (12) is added to section

17  216.136, Florida Statutes, to read:

18         216.136  Consensus estimating conferences; duties and

19  principals.--

20         (12)  MANDATED HEALTH INSURANCE BENEFITS AND PROVIDERS

21  ESTIMATING CONFERENCE.--

22         (a)  Duties.--The Mandated Health Insurance Benefits

23  and Providers Estimating Conference shall:

24         1.  Develop and maintain, with the Department of

25  Insurance, a system and program of data collection to assess

26  the impact of mandated benefits and providers, including costs

27  to employers and insurers, impact of treatment, cost savings

28  in the health care system, number of providers, and other

29  appropriate data.

30         2.  Prescribe the format, content, and timing of

31  information that is to be submitted to the conference and used

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  1  by the conference in its assessment of proposed and existing

  2  mandated benefits and providers. Such format, content, and

  3  timing requirements are binding upon all parties submitting

  4  information for the conference to use in its assessment of

  5  proposed and existing mandated benefits and providers.

  6         3.  Provide assessments of proposed and existing

  7  mandated benefits and providers and other studies of mandated

  8  benefits and provider issues as requested by the Legislature

  9  or the Governor. When a legislative measure containing a

10  mandated health insurance benefit or provider is proposed, the

11  standing committee of the Legislature which has jurisdiction

12  over the proposal shall request that the conference prepare

13  and forward to the Governor and the Legislature a study that

14  provides, for each measure, a cost-benefit analysis that

15  assesses the social and financial impact and the medical

16  efficacy according to prevailing medical standards of the

17  proposed mandate. The conference has 12 months after the

18  committee makes its request in which to complete and submit

19  the conference's report. The standing committee may not

20  consider such a proposed legislative measure until 12 months

21  after it has requested the report and has received the

22  conference's report on the measure.

23         4.  The standing committees of the Legislature which

24  have jurisdiction over health insurance matters shall request

25  that the conference assess the social and financial impact and

26  the medical efficacy of existing mandated benefits and

27  providers. The committees shall submit to the conference by

28  January 1, 2001, a schedule of evaluations that sets forth the

29  respective dates by which the conference must have completed

30  its evaluations of particular existing mandates.

31

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  1         (b)  Principals.--The Executive Office of the Governor,

  2  the Insurance Commissioner, the Agency for Health Care

  3  Administration, the Director of the Division of Economic and

  4  Demographic Research of the Joint Legislative Management

  5  Committee, and professional staff of the Senate and the House

  6  of Representatives who have health insurance expertise, or

  7  their designees, are the principals of the Mandated Health

  8  Insurance Benefits and Providers Estimating Conference. The

  9  responsibility of presiding over sessions of the conference

10  shall be rotated among the principals.

11         Section 28.  Section 624.215, Florida Statutes, is

12  amended to read:

13         624.215  Proposals for legislation which mandates

14  health benefit coverage; review by Legislature.--

15         (1)  LEGISLATIVE INTENT.--The Legislature finds that

16  there is an increasing number of proposals which mandate that

17  certain health benefits be provided by insurers and health

18  maintenance organizations as components of individual and

19  group policies.  The Legislature further finds that many of

20  these benefits provide beneficial social and health

21  consequences which may be in the public interest.  However,

22  the Legislature also recognizes that most mandated benefits

23  contribute to the increasing cost of health insurance

24  premiums.  Therefore, it is the intent of the Legislature to

25  conduct a systematic review of current and proposed mandated

26  or mandatorily offered health coverages and to establish

27  guidelines for such a review.  This review will assist the

28  Legislature in determining whether mandating a particular

29  coverage is in the public interest.

30         (2)  MANDATED HEALTH COVERAGE; REPORT TO THE MANDATED

31  HEALTH INSURANCE BENEFITS AND PROVIDERS ESTIMATING CONFERENCE

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  1  AGENCY FOR HEALTH CARE ADMINISTRATION AND LEGISLATIVE

  2  COMMITTEES; GUIDELINES FOR ASSESSING IMPACT.--Every person or

  3  organization seeking consideration of a legislative proposal

  4  which would mandate a health coverage or the offering of a

  5  health coverage by an insurance carrier, health care service

  6  contractor, or health maintenance organization as a component

  7  of individual or group policies, shall submit to the Mandated

  8  Health Insurance Benefits and Providers Estimating Conference

  9  Agency for Health Care Administration and the legislative

10  committees having jurisdiction a report which assesses the

11  social and financial impacts of the proposed coverage.

12  Guidelines for assessing the impact of a proposed mandated or

13  mandatorily offered health coverage must, to the extent that

14  information is available, shall include:

15         (a)  To what extent is the treatment or service

16  generally used by a significant portion of the population.

17         (b)  To what extent is the insurance coverage generally

18  available.

19         (c)  If the insurance coverage is not generally

20  available, to what extent does the lack of coverage result in

21  persons avoiding necessary health care treatment.

22         (d)  If the coverage is not generally available, to

23  what extent does the lack of coverage result in unreasonable

24  financial hardship.

25         (e)  The level of public demand for the treatment or

26  service.

27         (f)  The level of public demand for insurance coverage

28  of the treatment or service.

29         (g)  The level of interest of collective bargaining

30  agents in negotiating for the inclusion of this coverage in

31  group contracts.

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  1         (h)  A report of the extent to which To what extent

  2  will the coverage will increase or decrease the cost of the

  3  treatment or service.

  4         (i)  A report of the extent to which To what extent

  5  will the coverage will increase the appropriate uses of the

  6  treatment or service.

  7         (j)  A report of the extent to which To what extent

  8  will the mandated treatment or service will be a substitute

  9  for a more expensive treatment or service.

10         (k)  A report of the extent to which To what extent

11  will the coverage will increase or decrease the administrative

12  expenses of insurance companies and the premium and

13  administrative expenses of policyholders.

14         (l)  A report as to the impact of this coverage on the

15  total cost of health care.

16

17  The reports required in paragraphs (h) through (l) shall be

18  reviewed by the Mandated Health Insurance Benefits and

19  Providers Estimating Conference using a certified actuary. The

20  standing committee of the Legislature which has jurisdiction

21  over the legislative proposal must request and receive a

22  report from the Mandated Health Insurance Benefits and

23  Providers Estimating Conference before the committee considers

24  the proposal. The committee may not consider a legislative

25  proposal that would mandate a health coverage or the offering

26  of a health coverage by an insurance carrier, health care

27  service contractor, or health maintenance organization until

28  after the committee's request to the Mandated Health Insurance

29  Benefits and Providers Estimating Conference has been

30  answered. As used in this section, the term "health coverage

31  mandate" includes mandating the use of a type of provider.

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  1         Section 29.  Effective January 1, 2001, a physician

  2  licensed under chapter 458, Florida Statutes, or chapter 459,

  3  Florida Statutes, or a hospital licensed under chapter 395,

  4  Florida Statutes, shall provide a consumer-assistance notice

  5  in the form of a sign that is prominently displayed in the

  6  reception area and clearly noticeable by all patients and in

  7  the form of a written statement that is given to each person

  8  to whom medical services are being provided. Such a sign or

  9  statement must state that consumer information regarding a

10  doctor, hospital, or health plan is available through a

11  toll-free number and website maintained by the Agency for

12  Health Care Administration. In addition, the sign and

13  statement must state that any complaint regarding medical

14  services received or the patient's health plan may be

15  submitted through the toll-free number. The agency, in

16  cooperation with other appropriate agencies, shall establish

17  the consumer-assistance program and provide physicians and

18  hospitals with information regarding the toll-free number and

19  website and with signs for posting in facilities at no cost to

20  the provider.

21         Section 30.  Subsection (1) of section 408.7056,

22  Florida Statutes, is amended to read:

23         408.7056  Statewide Provider and Subscriber Assistance

24  Program.--

25         (1)  As used in this section, the term:

26         (a)  "Agency" means the Agency for Health Care

27  Administration.

28         (b)  "Department" means the Department of Insurance.

29         (c)  "Grievance procedure" means an established set of

30  rules that specify a process for appeal of an organizational

31  decision.

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  1         (d)  "Health care provider" or "provider" means a

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

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

  4  charitable organization that holds a current exemption from

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

  6  Code, a licensed practitioner, a county health department

  7  established under part I of chapter 154, a prescribed

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

  9  federally supported primary care program such as a migrant

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

11  329 or s. 330 of the United States Public Health Services Act

12  that delivers health care services to individuals, or a

13  community facility that receives funds from the state under

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

15  Act and provides mental health services to individuals.

16         (e)(a)  "Managed care entity" means a health

17  maintenance organization or a prepaid health clinic certified

18  under chapter 641, a prepaid health plan authorized under s.

19  409.912, or an exclusive provider organization certified under

20  s. 627.6472.

21         (f)(b)  "Panel" means a statewide provider and

22  subscriber assistance panel selected as provided in subsection

23  (11).

24         Section 31.  Section 627.654, Florida Statutes, is

25  amended to read:

26         627.654  Labor union, and association, and small

27  employer health alliance groups.--

28         (1)(a)  A group of individuals may be insured under a

29  policy issued to an association, including a labor union,

30  which association has a constitution and bylaws and not less

31  than 25 individual members and which has been organized and

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  1  has been maintained in good faith for a period of 1 year for

  2  purposes other than that of obtaining insurance, or to the

  3  trustees of a fund established by such an association, which

  4  association or trustees shall be deemed the policyholder,

  5  insuring at least 15 individual members of the association for

  6  the benefit of persons other than the officers of the

  7  association, the association or trustees.

  8         (b)  A small employer, as defined in s. 627.6699 and

  9  including the employer's eligible employees and the spouses

10  and dependents of such employees, may be insured under a

11  policy issued to a small employer health alliance by a carrier

12  as defined in s. 627.6699.  A small employer health alliance

13  must be organized as a not-for-profit corporation under

14  chapter 617. Notwithstanding any other law, if a

15  small-employer member of an alliance loses eligibility to

16  purchase health care through the alliance solely because the

17  business of the small-employer member expands to more than 50

18  and fewer than 75 eligible employees, the small-employer

19  member may, at its next renewal date, purchase coverage

20  through the alliance for not more than 1 additional year.  A

21  small employer health alliance shall establish conditions of

22  participation in the alliance by a small employer, including,

23  but not limited to:

24         1.  Assurance that the small employer is not formed for

25  the purpose of securing health benefit coverage.

26         2.  Assurance that the employees of a small employer

27  have not been added for the purpose of securing health benefit

28  coverage.

29         (2)  No such policy of insurance as defined in

30  subsection (1) may be issued to any such association or

31  alliance, unless all individual members of such association,

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  1  or all small-employer members of an alliance, or all of any

  2  class or classes thereof, are declared eligible and acceptable

  3  to the insurer at the time of issuance of the policy.

  4         (3)  Any such policy issued under paragraph (1)(a) may

  5  insure the spouse or dependent children with or without the

  6  member being insured.

  7         (4)  A single master policy issued to an association,

  8  labor union, or small-employer health alliance may include

  9  more than one health plan from the same insurer or affiliated

10  insurer group as alternatives for an employer, employee, or

11  member to select.

12         Section 32.  Paragraph (f) of subsection (2), paragraph

13  (b) of subsection (4), and subsection (6) of section 627.6571,

14  Florida Statutes, are amended to read:

15         627.6571  Guaranteed renewability of coverage.--

16         (2)  An insurer may nonrenew or discontinue a group

17  health insurance policy based only on one or more of the

18  following conditions:

19         (f)  In the case of health insurance coverage that is

20  made available only through one or more bona fide associations

21  as defined in subsection (5) or through one or more small

22  employer health alliances as described in s. 627.654(1)(b),

23  the membership of an employer in the association or in the

24  small employer health alliance, on the basis of which the

25  coverage is provided, ceases, but only if such coverage is

26  terminated under this paragraph uniformly without regard to

27  any health-status-related factor that relates to any covered

28  individuals.

29         (4)  At the time of coverage renewal, an insurer may

30  modify the health insurance coverage for a product offered:

31

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  1         (b)  In the small-group market if, for coverage that is

  2  available in such market other than only through one or more

  3  bona fide associations as defined in subsection (5) or through

  4  one or more small employer health alliances as described in s.

  5  627.654(1)(b), such modification is consistent with s.

  6  627.6699 and effective on a uniform basis among group health

  7  plans with that product.

  8         (6)  In applying this section in the case of health

  9  insurance coverage that is made available by an insurer in the

10  small-group market or large-group market to employers only

11  through one or more associations or through one or more small

12  employer health alliances as described in s. 627.654(1)(b), a

13  reference to "policyholder" is deemed, with respect to

14  coverage provided to an employer member of the association, to

15  include a reference to such employer.

16         Section 33.  Paragraph (h) of subsection (5), and

17  paragraph (a) of subsection (12) of section 627.6699, Florida

18  Statutes, are amended to read:

19         627.6699  Employee Health Care Access Act.--

20         (5)  AVAILABILITY OF COVERAGE.--

21         (h)  All health benefit plans issued under this section

22  must comply with the following conditions:

23         1.  For employers who have fewer than two employees, a

24  late enrollee may be excluded from coverage for no longer than

25  24 months if he or she was not covered by creditable coverage

26  continually to a date not more than 63 days before the

27  effective date of his or her new coverage.

28         2.  Any requirement used by a small employer carrier in

29  determining whether to provide coverage to a small employer

30  group, including requirements for minimum participation of

31  eligible employees and minimum employer contributions, must be

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  1  applied uniformly among all small employer groups having the

  2  same number of eligible employees applying for coverage or

  3  receiving coverage from the small employer carrier, except

  4  that a small employer carrier that participates in,

  5  administers, or issues health benefits pursuant to s. 381.0406

  6  which do not include a preexisting condition exclusion may

  7  require as a condition of offering such benefits that the

  8  employer has had no health insurance coverage for its

  9  employees for a period of at least 6 months.  A small employer

10  carrier may vary application of minimum participation

11  requirements and minimum employer contribution requirements

12  only by the size of the small employer group.

13         3.  In applying minimum participation requirements with

14  respect to a small employer, a small employer carrier shall

15  not consider as an eligible employee employees or dependents

16  who have qualifying existing coverage in an employer-based

17  group insurance plan or an ERISA qualified self-insurance plan

18  in determining whether the applicable percentage of

19  participation is met. However, a small employer carrier may

20  count eligible employees and dependents who have coverage

21  under another health plan that is sponsored by that employer

22  except if such plan is offered pursuant to s. 408.706.

23         4.  A small employer carrier shall not increase any

24  requirement for minimum employee participation or any

25  requirement for minimum employer contribution applicable to a

26  small employer at any time after the small employer has been

27  accepted for coverage, unless the employer size has changed,

28  in which case the small employer carrier may apply the

29  requirements that are applicable to the new group size.

30         5.  If a small employer carrier offers coverage to a

31  small employer, it must offer coverage to all the small

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  1  employer's eligible employees and their dependents.  A small

  2  employer carrier may not offer coverage limited to certain

  3  persons in a group or to part of a group, except with respect

  4  to late enrollees.

  5         6.  A small employer carrier may not modify any health

  6  benefit plan issued to a small employer with respect to a

  7  small employer or any eligible employee or dependent through

  8  riders, endorsements, or otherwise to restrict or exclude

  9  coverage for certain diseases or medical conditions otherwise

10  covered by the health benefit plan.

11         7.  An initial enrollment period of at least 30 days

12  must be provided.  An annual 30-day open enrollment period

13  must be offered to each small employer's eligible employees

14  and their dependents. A small employer carrier must provide

15  special enrollment periods as required by s. 627.65615.

16         (12)  STANDARD, BASIC, AND LIMITED HEALTH BENEFIT

17  PLANS.--

18         (a)1.  By May 15, 1993, the commissioner shall appoint

19  a health benefit plan committee composed of four

20  representatives of carriers which shall include at least two

21  representatives of HMOs, at least one of which is a staff

22  model HMO, two representatives of agents, four representatives

23  of small employers, and one employee of a small employer.  The

24  carrier members shall be selected from a list of individuals

25  recommended by the board.  The commissioner may require the

26  board to submit additional recommendations of individuals for

27  appointment.  As alliances are established under s. 408.702,

28  each alliance shall also appoint an additional member to the

29  committee.

30         2.  The committee shall develop changes to the form and

31  level of coverages for the standard health benefit plan and

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  1  the basic health benefit plan, and shall submit the forms, and

  2  levels of coverages to the department by September 30, 1993.

  3  The department must approve such forms and levels of coverages

  4  by November 30, 1993, and may return the submissions to the

  5  committee for modification on a schedule that allows the

  6  department to grant final approval by November 30, 1993.

  7         3.  The plans shall comply with all of the requirements

  8  of this subsection.

  9         4.  The plans must be filed with and approved by the

10  department prior to issuance or delivery by any small employer

11  carrier.

12         5.  After approval of the revised health benefit plans,

13  if the department determines that modifications to a plan

14  might be appropriate, the commissioner shall appoint a new

15  health benefit plan committee in the manner provided in

16  subparagraph 1. to submit recommended modifications to the

17  department for approval.

18         Section 34.  Subsection (1) of section 240.2995,

19  Florida Statutes, is amended to read:

20         240.2995  University health services support

21  organizations.--

22         (1)  Each state university is authorized to establish

23  university health services support organizations which shall

24  have the ability to enter into, for the benefit of the

25  university academic health sciences center, and arrangements

26  with other entities as providers for accountable health

27  partnerships, as defined in s. 408.701, and providers in other

28  integrated health care systems or similar entities.  To the

29  extent required by law or rule, university health services

30  support organizations shall become licensed as insurance

31  companies, pursuant to chapter 624, or be certified as health

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  1  maintenance organizations, pursuant to chapter 641.

  2  University health services support organizations shall have

  3  sole responsibility for the acts, debts, liabilities, and

  4  obligations of the organization.  In no case shall the state

  5  or university have any responsibility for such acts, debts,

  6  liabilities, and obligations incurred or assumed by university

  7  health services support organizations.

  8         Section 35.  Paragraph (a) of subsection (2) of section

  9  240.2996, Florida Statutes, is amended to read:

10         240.2996  University health services support

11  organization; confidentiality of information.--

12         (2)  The following university health services support

13  organization's records and information are confidential and

14  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

15  I of the State Constitution:

16         (a)  Contracts for managed care arrangements, as

17  managed care is defined in s. 408.701, under which the

18  university health services support organization provides

19  health care services, including preferred provider

20  organization contracts, health maintenance organization

21  contracts, alliance network arrangements, and exclusive

22  provider organization contracts, and any documents directly

23  relating to the negotiation, performance, and implementation

24  of any such contracts for managed care arrangements or

25  alliance network arrangements. As used in this paragraph, the

26  term "managed care" means systems or techniques generally used

27  by third-party payors or their agents to affect access to and

28  control payment for health care services. Managed-care

29  techniques most often include one or more of the following:

30  prior, concurrent, and retrospective review of the medical

31  necessity and appropriateness of services or site of services;

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  1  contracts with selected health care providers; financial

  2  incentives or disincentives related to the use of specific

  3  providers, services, or service sites; controlled access to

  4  and coordination of services by a case manager; and payor

  5  efforts to identify treatment alternatives and modify benefit

  6  restrictions for high-cost patient care.

  7

  8  The exemptions in this subsection are subject to the Open

  9  Government Sunset Review Act of 1995 in accordance with s.

10  119.15 and shall stand repealed on October 2, 2001, unless

11  reviewed and saved from repeal through reenactment by the

12  Legislature.

13         Section 36.  Paragraph (b) of subsection (8) of section

14  240.512, Florida Statutes, is amended to read:

15         240.512  H. Lee Moffitt Cancer Center and Research

16  Institute.--There is established the H. Lee Moffitt Cancer

17  Center and Research Institute at the University of South

18  Florida.

19         (8)

20         (b)  Proprietary confidential business information is

21  confidential and exempt from the provisions of s. 119.07(1)

22  and s. 24(a), Art. I of the State Constitution.  However, the

23  Auditor General and Board of Regents, pursuant to their

24  oversight and auditing functions, must be given access to all

25  proprietary confidential business information upon request and

26  without subpoena and must maintain the confidentiality of

27  information so received. As used in this paragraph, the term

28  "proprietary confidential business information" means

29  information, regardless of its form or characteristics, which

30  is owned or controlled by the not-for-profit corporation or

31  its subsidiaries; is intended to be and is treated by the

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  1  not-for-profit corporation or its subsidiaries as private and

  2  the disclosure of which would harm the business operations of

  3  the not-for-profit corporation or its subsidiaries; has not

  4  been intentionally disclosed by the corporation or its

  5  subsidiaries unless pursuant to law, an order of a court or

  6  administrative body, a legislative proceeding pursuant to s.

  7  5, Art. III of the State Constitution, or a private agreement

  8  that provides that the information may be released to the

  9  public; and which is information concerning:

10         1.  Internal auditing controls and reports of internal

11  auditors;

12         2.  Matters reasonably encompassed in privileged

13  attorney-client communications;

14         3.  Contracts for managed-care arrangements, as managed

15  care is defined in s. 408.701, including preferred provider

16  organization contracts, health maintenance organization

17  contracts, and exclusive provider organization contracts, and

18  any documents directly relating to the negotiation,

19  performance, and implementation of any such contracts for

20  managed-care arrangements;

21         4.  Bids or other contractual data, banking records,

22  and credit agreements the disclosure of which would impair the

23  efforts of the not-for-profit corporation or its subsidiaries

24  to contract for goods or services on favorable terms;

25         5.  Information relating to private contractual data,

26  the disclosure of which would impair the competitive interest

27  of the provider of the information;

28         6.  Corporate officer and employee personnel

29  information;

30         7.  Information relating to the proceedings and records

31  of credentialing panels and committees and of the governing

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  1  board of the not-for-profit corporation or its subsidiaries

  2  relating to credentialing;

  3         8.  Minutes of meetings of the governing board of the

  4  not-for-profit corporation and its subsidiaries, except

  5  minutes of meetings open to the public pursuant to subsection

  6  (9);

  7         9.  Information that reveals plans for marketing

  8  services that the corporation or its subsidiaries reasonably

  9  expect to be provided by competitors;

10         10.  Trade secrets as defined in s. 688.002, including

11  reimbursement methodologies or rates; or

12         11.  The identity of donors or prospective donors of

13  property who wish to remain anonymous or any information

14  identifying such donors or prospective donors.  The anonymity

15  of these donors or prospective donors must be maintained in

16  the auditor's report.

17

18  As used in this paragraph, the term "managed care" means

19  systems or techniques generally used by third-party payors or

20  their agents to affect access to and control payment for

21  health care services. Managed-care techniques most often

22  include one or more of the following:  prior, concurrent, and

23  retrospective review of the medical necessity and

24  appropriateness of services or site of services; contracts

25  with selected health care providers; financial incentives or

26  disincentives related to the use of specific providers,

27  services, or service sites; controlled access to and

28  coordination of services by a case manager; and payor efforts

29  to identify treatment alternatives and modify benefit

30  restrictions for high-cost patient care.

31

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  1         Section 37.  Subsection (14) of section 381.0406,

  2  Florida Statutes, is amended to read:

  3         381.0406  Rural health networks.--

  4         (14)  NETWORK FINANCING.--Networks may use all sources

  5  of public and private funds to support network activities.

  6  Nothing in this section prohibits networks from becoming

  7  managed care providers, or accountable health partnerships,

  8  provided they meet the requirements for an accountable health

  9  partnership as specified in s. 408.706.

10         Section 38.  Paragraph (a) of subsection (2) of section

11  395.3035, Florida Statutes, is amended to read:

12         395.3035  Confidentiality of hospital records and

13  meetings.--

14         (2)  The following records and information of any

15  hospital that is subject to chapter 119 and s. 24(a), Art. I

16  of the State Constitution are confidential and exempt from the

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

18  Constitution:

19         (a)  Contracts for managed care arrangements, as

20  managed care is defined in s. 408.701, under which the public

21  hospital provides health care services, including preferred

22  provider organization contracts, health maintenance

23  organization contracts, exclusive provider organization

24  contracts, and alliance network arrangements, and any

25  documents directly relating to the negotiation, performance,

26  and implementation of any such contracts for managed care or

27  alliance network arrangements. As used in this paragraph, the

28  term "managed care" means systems or techniques generally used

29  by third-party payors or their agents to affect access to and

30  control payment for health care services. Managed-care

31  techniques most often include one or more of the following:

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  1  prior, concurrent, and retrospective review of the medical

  2  necessity and appropriateness of services or site of services;

  3  contracts with selected health care providers; financial

  4  incentives or disincentives related to the use of specific

  5  providers, services, or service sites; controlled access to

  6  and coordination of services by a case manager; and payor

  7  efforts to identify treatment alternatives and modify benefit

  8  restrictions for high-cost patient care.

  9         Section 39.  Paragraph (b) of subsection (1) of section

10  627.4301, Florida Statutes, is amended to read:

11         627.4301  Genetic information for insurance purposes.--

12         (1)  DEFINITIONS.--As used in this section, the term:

13         (b)  "Health insurer" means an authorized insurer

14  offering health insurance as defined in s. 624.603, a

15  self-insured plan as defined in s. 624.031, a

16  multiple-employer welfare arrangement as defined in s.

17  624.437, a prepaid limited health service organization as

18  defined in s. 636.003, a health maintenance organization as

19  defined in s. 641.19, a prepaid health clinic as defined in s.

20  641.402, a fraternal benefit society as defined in s. 632.601,

21  an accountable health partnership as defined in s. 408.701, or

22  any health care arrangement whereby risk is assumed.

23         Section 40.  Subsection (3) of section 408.70, and

24  sections 408.701, 408.702, 408.703, 408.704, 408.7041,

25  408.7042, 408.7045, 408.7055, and 408.706, Florida Statutes,

26  are repealed.

27         Section 41.  Paragraph (n) of subsection (3), paragraph

28  (c) of subsection (5), and paragraphs (b) and (d) of

29  subsection (6) of section 627.6699, Florida Statutes, are

30  amended to read:

31         627.6699  Employee Health Care Access Act.--

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  1         (3)  DEFINITIONS.--As used in this section, the term:

  2         (n)  "Modified community rating" means a method used to

  3  develop carrier premiums which spreads financial risk across a

  4  large population and allows adjustments for age, gender,

  5  family composition, tobacco usage, and geographic area as

  6  determined under paragraph (5)(j); claims experience, health

  7  status, or duration of coverage as permitted under

  8  subparagraph (6)(b)5.; and administrative and acquisition

  9  expenses as permitted under subparagraph (6)(b)6.

10         (5)  AVAILABILITY OF COVERAGE.--

11         (c)  Every small employer carrier must, as a condition

12  of transacting business in this state:

13         1.  Beginning July 1, 2000, January 1, 1994, offer and

14  issue all small employer health benefit plans on a

15  guaranteed-issue basis to every eligible small employer, with

16  2 3 to 50 eligible employees, that elects to be covered under

17  such plan, agrees to make the required premium payments, and

18  satisfies the other provisions of the plan. A rider for

19  additional or increased benefits may be medically underwritten

20  and may only be added to the standard health benefit plan.

21  The increased rate charged for the additional or increased

22  benefit must be rated in accordance with this section.

23         2.  Beginning August 1, 2000 April 15, 1994, offer and

24  issue basic and standard small employer health benefit plans

25  on a guaranteed-issue basis, during a 31-day open enrollment

26  period of August 1 through August 31 of each year, to every

27  eligible small employer, with less than one or two eligible

28  employees, which small employer is not formed primarily for

29  the purpose of buying health insurance and which elects to be

30  covered under such plan, agrees to make the required premium

31  payments, and satisfies the other provisions of the plan.

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  1  Coverage provided under this subparagraph shall begin on

  2  October 1 of the same year as the date of enrollment, unless

  3  the small employer carrier and the small employer agree to a

  4  different date. A rider for additional or increased benefits

  5  may be medically underwritten and may only be added to the

  6  standard health benefit plan.  The increased rate charged for

  7  the additional or increased benefit must be rated in

  8  accordance with this section. For purposes of this

  9  subparagraph, a person, his or her spouse, and his or her

10  dependent children constitute a single eligible employee if

11  that person and spouse are employed by the same small employer

12  and either that person or his or her spouse has a normal work

13  week of less than 25 hours.

14         3.  Offer to eligible small employers the standard and

15  basic health benefit plans.  This paragraph subparagraph does

16  not limit a carrier's ability to offer other health benefit

17  plans to small employers if the standard and basic health

18  benefit plans are offered and rejected.

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

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

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

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

23  benefit plans subject to this section are subject to the

24  following:

25         1.  Small employer carriers must use a modified

26  community rating methodology in which the premium for each

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

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

29  family composition, tobacco use, or geographic area as

30  determined under paragraph (5)(j) and in which the premium may

31  be adjusted as permitted by subparagraphs 5. and 6.

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

  2  composition, tobacco use, or geographic location may be

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

  4  The factors used by carriers are subject to department review

  5  and approval.

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

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

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

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

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

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

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

13  employers covered under the policy if:

14         a.  The carrier discloses to the employer in a clear

15  and conspicuous manner the date of the first renewal and the

16  fact that the premium may increase on or after that date.

17         b.  The insurer demonstrates to the department that

18  efficiencies in administration are achieved and reflected in

19  the rates charged to small employers covered under the policy.

20         4.  A carrier may issue a group health insurance policy

21  to a small employer health alliance or other group association

22  with rates that reflect a premium credit for expense savings

23  attributable to administrative activities being performed by

24  the alliance or group association if such expense savings are

25  specifically documented in the insurer's rate filing and are

26  approved by the department.  Any such credit may not be based

27  on different morbidity assumptions or on any other factor

28  related to the health status or claims experience of any

29  person covered under the policy. Nothing in this subparagraph

30  exempts an alliance or group association from licensure for

31  any activities that require licensure under the Insurance

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  1  Code. A carrier issuing a group health insurance policy to a

  2  small-employer health alliance or other group association

  3  shall allow any properly licensed and appointed agent of that

  4  carrier to market and sell the small-employer health alliance

  5  or other group association policy. Such agent shall be paid

  6  the usual and customary commission paid to any agent selling

  7  the policy. Carriers participating in the alliance program, in

  8  accordance with ss. 408.70-408.706, may apply a different

  9  community rate to business written in that program.

10         5.  Any adjustments in rates for claims experience,

11  health status, or duration of coverage may not be charged to

12  individual employees or dependents. For a small employer's

13  policy, such adjustments may not result in a rate for the

14  small employer which deviates more than 15 percent from the

15  carrier's approved rate. Any such adjustment must be applied

16  uniformly to the rates charged for all employees and

17  dependents of the small employer. A small employer carrier may

18  make an adjustment to a small employer's renewal premium, not

19  to exceed 10 percent annually, due to the claims experience,

20  health status, or duration of coverage of the employees or

21  dependents of the small employer. Semiannually small group

22  carriers shall report information on forms adopted by rule by

23  the department to enable the department to monitor the

24  relationship of aggregate adjusted premiums actually charged

25  policyholders by each carrier to the premiums that would have

26  been charged by application of the carrier's approved modified

27  community rates. If the aggregate resulting from the

28  application of such adjustment exceeds the premium that would

29  have been charged by application of the approved modified

30  community rate by 5 percent for the current reporting period,

31  the carrier shall limit the application of such adjustments

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  1  only to minus adjustments beginning not more than 60 days

  2  after the report is sent to the department. For any subsequent

  3  reporting period, if the total aggregate adjusted premium

  4  actually charged does not exceed the premium that would have

  5  been charged by application of the approved modified community

  6  rate by 5 percent, the carrier may apply both plus and minus

  7  adjustments. A small employer carrier may provide a credit to

  8  a small employer's premium based on administrative and

  9  acquisition expense differences resulting from the size of the

10  group. Group size administrative and acquisition expense

11  factors may be developed by each carrier to reflect the

12  carrier's experience and are subject to department review and

13  approval.

14         6.  A small employer carrier rating methodology may

15  include separate rating categories for one dependent child,

16  for two dependent children, and for three or more dependent

17  children for family coverage of employees having a spouse and

18  dependent children or employees having dependent children

19  only. A small employer carrier may have fewer, but not

20  greater, numbers of categories for dependent children than

21  those specified in this subparagraph.

22         7.  Small employer carriers may not use a composite

23  rating methodology to rate a small employer with fewer than 10

24  employees. For the purposes of this subparagraph, a "composite

25  rating methodology" means a rating methodology that averages

26  the impact of the rating factors for age and gender in the

27  premiums charged to all of the employees of a small employer.

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

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

30  provided by a small employer carrier that is an insurer, and

31  this section and s. 641.31 apply to any health benefit

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  1  provided by a small employer carrier that is a health

  2  maintenance organization that provides coverage to one or more

  3  employees of a small employer regardless of where the policy,

  4  certificate, or contract is issued or delivered, if the health

  5  benefit plan covers employees or their covered dependents who

  6  are residents of this state.

  7         Section 42.  Section 641.201, Florida Statutes, is

  8  amended to read:

  9         641.201  Applicability of other laws.--Except as

10  provided in this part, health maintenance organizations shall

11  be governed by the provisions of this part and part III of

12  this chapter and shall be exempt from all other provisions of

13  the Florida Insurance Code except those provisions of the

14  Florida Insurance Code that are explicitly made applicable to

15  health maintenance organizations.

16         Section 43.  Section 641.234, Florida Statutes, is

17  amended to read:

18         641.234  Administrative, provider, and management

19  contracts.--

20         (1)  The department may require a health maintenance

21  organization to submit any contract for administrative

22  services, contract with a provider other than an individual

23  physician, contract for management services, and contract with

24  an affiliated entity to the department.

25         (2)  After review of a contract the department may

26  order the health maintenance organization to cancel the

27  contract in accordance with the terms of the contract and

28  applicable law if it determines:

29         (a)  That the fees to be paid by the health maintenance

30  organization under the contract are so unreasonably high as

31  compared with similar contracts entered into by the health

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  1  maintenance organization or as compared with similar contracts

  2  entered into by other health maintenance organizations in

  3  similar circumstances that the contract is detrimental to the

  4  subscribers, stockholders, investors, or creditors of the

  5  health maintenance organization; or.

  6         (b)  That the contract is with an entity that is not

  7  licensed under state statutes, if such license is required, or

  8  is not in good standing with the applicable regulatory agency.

  9         (3)  All contracts for administrative services,

10  management services, provider services other than individual

11  physician contracts, and with affiliated entities entered into

12  or renewed by a health maintenance organization on or after

13  October 1, 1988, shall contain a provision that the contract

14  shall be canceled upon issuance of an order by the department

15  pursuant to this section.

16         Section 44.  Subsection (2) of section 641.27, Florida

17  Statutes, is amended to read:

18         641.27  Examination by the department.--

19         (2)  The department may contract, at reasonable fees

20  for work performed, with qualified, impartial outside sources

21  to perform audits or examinations or portions thereof

22  pertaining to the qualification of an entity for issuance of a

23  certificate of authority or to determine continued compliance

24  with the requirements of this part, in which case the payment

25  must be made, directly to the contracted examiner by the

26  health maintenance organization examined, in accordance with

27  the rates and terms agreed to by the department and the

28  examiner. Any contracted assistance shall be under the direct

29  supervision of the department.  The results of any contracted

30  assistance shall be subject to the review of, and approval,

31  disapproval, or modification by, the department.

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  1         Section 45.  Section 641.226, Florida Statutes, is

  2  created to read:

  3         641.226  Application of federal solvency requirements

  4  to provider-sponsored organizations.--The solvency

  5  requirements of sections 1855 and 1856 of the Balanced Budget

  6  Act of 1997 and rules adopted by the Secretary of the United

  7  States Department of Health and Human Services apply to a

  8  health maintenance organization that is a provider-sponsored

  9  organization rather than the solvency requirements of this

10  part. However, if the provider-sponsored organization does not

11  meet the solvency requirements of this part, the organization

12  is limited to the issuance of Medicare+Choice plans to

13  eligible individuals. For the purposes of this section, the

14  terms "Medicare+Choice plans," "provider-sponsored

15  organizations," and "solvency requirements" have the same

16  meaning as defined in the federal act and federal rules and

17  regulations.

18         Section 46.  Section 641.39, Florida Statutes, is

19  created to read:

20         641.39  Soliciting or accepting new or renewal health

21  maintenance contracts by insolvent or impaired health

22  maintenance organization prohibited; penalty.--

23         (1)  Whether or not delinquency proceedings as to a

24  health maintenance organization have been or are to be

25  initiated, a director or officer of a health maintenance

26  organization, except with the written permission of the

27  Department of Insurance, may not authorize or permit the

28  health maintenance organization to solicit or accept new or

29  renewal health maintenance contracts or provider contracts in

30  this state after the director or officer knew, or reasonably

31  should have known, that the health maintenance organization

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  1  was insolvent or impaired. As used in this section, the term

  2  "impaired" means that the health maintenance organization does

  3  not meet the requirements of s. 641.225.

  4         (2)  Any director or officer who violates this section

  5  is guilty of a felony of the third degree, punishable as

  6  provided in s. 775.082, s. 775.083, or s. 775.084.

  7         Section 47.  Section 641.2011, Florida Statutes, is

  8  created to read:

  9         641.2011  Insurance holding companies.--Part IV of

10  chapter 628 applies to health maintenance organizations

11  licensed under part I of chapter 641.

12         Section 48.  Section 641.275, Florida Statutes, is

13  created to read:

14         641.275  Subscriber's rights under health maintenance

15  contracts; required notice.--

16         (1)  It is the intent of the Legislature that the

17  rights of subscribers who are covered under health maintenance

18  organization contracts be recognized and summarized in a

19  statement of subscriber rights. An organization may not

20  require a subscriber to waive his or her rights as a condition

21  of coverage or treatment and must operate in conformity with

22  such rights.

23         (2)  Each organization must provide subscribers with a

24  copy of their rights as set forth in this section, in such

25  form as approved by the department.

26         (3)  An organization shall:

27         (a)  Ensure that health care services provided to

28  subscribers are rendered under reasonable standards of quality

29  of care consistent with the prevailing standards of medical

30  practice in the community, as required by s. 641.51;

31

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  1         (b)  Have a quality assurance program for health care

  2  services, as required by s. 641.51;

  3         (c)  Not modify the professional judgment of a

  4  physician unless the course of treatment is inconsistent with

  5  the prevailing standards of medical practice in the community,

  6  as required by s. 641.51;

  7         (d)  Not restrict a provider's ability to communicate

  8  information to the subscriber/patient regarding medical care

  9  options that are in the best interest of the

10  subscriber/patient, as required by s. 641.315(8);

11         (e)  Provide for standing referrals to specialists for

12  subscribers with chronic and disabling conditions, as required

13  by s. 641.51;

14         (f)  Allow a female subscriber to select an

15  obstetrician/gynecologist as her primary care physician, as

16  required by s. 641.19(13)(e);

17         (g)  Provide direct access, without prior

18  authorization, for a female subscriber to visit a

19  obstetrician/gynecologist, as required by s. 641.51(10);

20         (h)  Provide direct access, without prior

21  authorization, to a dermatologist, as required by s.

22  641.31(33);

23         (i)  Not limit coverage for the length of stay in a

24  hospital for a mastectomy for any time period that is less

25  than that determined to be medically necessary by the treating

26  physician, as required by s. 641.31(33);

27         (j)  Not limit coverage for the length of a maternity

28  or newborn stay in a hospital or for follow-up care outside

29  the hospital to any time period less than that determined to

30  be medically necessary by the treating provider, as required

31  by s. 641.31(18);

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  1         (k)  Not exclude coverage for bone marrow transplant

  2  procedures determined by the Agency for Health Care

  3  Administration to not be experimental, as required by s.

  4  627.4236;

  5         (l)  Not exclude coverage for drugs on the ground that

  6  the drug is not approved by the U.S. Food and Drug

  7  Administration, as required by s. 627.4239;

  8         (m)  Give the subscriber the right to a second medical

  9  opinion as required by s. 641.51(4);

10         (n)  Allow subscribers to continue treatment from a

11  provider after the provider's contract with the organization

12  has been terminated, as required by s. 641.51(7);

13         (o)  Establish a procedure for resolving subscriber

14  grievances, including review of adverse determinations by the

15  organization and expedited review of urgent subscriber

16  grievances, as required by s. 641.511;

17         (p)  Notify subscribers of the right to an independent

18  external review of grievances not resolved by the

19  organization, as required by s. 408.7056;

20         (q)  Provide, without prior authorization, coverage for

21  emergency services and care, as required by s. 641.513;

22         (r)  Not require or solicit genetic information or use

23  genetic test results for any insurance purposes, as required

24  by s. 627.4310;

25         (s)  Promptly pay or deny claims as required by s.

26  641.3155;

27         (t)  Provide information to subscribers regarding

28  benefits, limitations, resolving grievances, emergency

29  services and care, treatment by non-contract providers, list

30  of contract providers, authorization and referral process, the

31  process used to determine whether services are medically

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  1  necessary, quality assurance program, prescription drug

  2  benefits and use of a drug formulary, confidentiality and

  3  disclosure of medical records, process of determining

  4  experimental or investigational medical treatments, and

  5  process used to examine qualifications of contract providers,

  6  as required by ss. 641.31, 641.495, and 641.54.

  7         (4)  The statement of rights in subsection (3) is a

  8  summary of selected requirements for organizations contained

  9  in other sections of the Florida Statutes. This section does

10  not alter the requirements of such other sections.

11         (5)(a)  The department may impose a fine against a

12  health maintenance organization for a violation of this

13  section which refers to a section in this part or in chapter

14  627. Such fines shall be in the amounts specified in s.

15  641.25.

16         (b)  The agency may impose a fine against a health

17  maintenance organization for a violation of this section which

18  refers to a section in part III of this chapter or in chapter

19  408. Such fines shall be in the amounts specified in s.

20  641.52.

21         Section 49.  Section 641.28, Florida Statutes, is

22  amended to read:

23         641.28  Civil remedy.--

24         (1)  In any civil action brought to enforce the terms

25  and conditions of a health maintenance organization contract:

26         (a)  If the civil action is filed before or within 60

27  days after the subscriber or enrollee filed a notice of intent

28  to sue with the statewide provider and subscriber assistance

29  program established pursuant to s. 408.7056 or a notice

30  pursuant to s. 641.3917, the prevailing party is entitled to

31  recover reasonable attorney's fees and court costs.

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  1         (b)  If the civil action is filed more than 60 days

  2  after the subscriber or enrollee filed a notice of intent to

  3  sue with the statewide provider and subscriber assistance

  4  program established pursuant to s. 408.7056 or a notice

  5  pursuant to s. 641.3917, and the subscriber or enrollee

  6  receives a final judgment or decree against the health

  7  maintenance organization in favor of the subscriber or

  8  enrollee, the court shall enter a judgment or decree against

  9  the health maintenance organization in favor of the subscriber

10  or enrollee for reasonable attorney's fees and court costs.

11         (2)  This section shall not be construed to authorize a

12  civil action against the department, its employees, or the

13  Insurance Commissioner or against the Agency for Health Care

14  Administration, its employees, or the director of the agency.

15         Section 50.  Paragraphs (c), (d), and (e) are added to

16  subsection (10) of section 641.3903, Florida Statutes, and

17  subsection (15) is added to that section, to read:

18         641.3903  Unfair methods of competition and unfair or

19  deceptive acts or practices defined.--The following are

20  defined as unfair methods of competition and unfair or

21  deceptive acts or practices:

22         (10)  ILLEGAL DEALINGS IN PREMIUMS; EXCESS OR REDUCED

23  CHARGES FOR HEALTH MAINTENANCE COVERAGE.--

24         (c)  Cancelling or otherwise terminating any health

25  maintenance contract or coverage, or requiring execution of a

26  consent to rate endorsement, during the stated contract term

27  for the purpose of offering to issue, or issuing, a similar or

28  identical contract to the same subscriber or enrollee with the

29  same exposure at a higher premium rate or continuing an

30  existing contract with the same exposure at an increased

31  premium.

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  1         (d)  Issuing a nonrenewal notice on any health

  2  maintenance organization contract, or requiring execution of a

  3  consent to rate endorsement, for the purpose of offering to

  4  issue, or issuing, a similar or identical contract to the same

  5  subscriber or enrollee at a higher premium rate or continuing

  6  an existing contract at an increased premium without meeting

  7  any applicable notice requirements.

  8         (e)  Cancelling or issuing a nonrenewal notice on any

  9  health maintenance organization contract without complying

10  with any applicable cancellation or nonrenewal provision

11  required under the Florida Insurance Code.

12         (15)  REFUSAL TO COVER.--In addition to other

13  provisions of this code, the refusal to cover, or continue to

14  cover, any individual solely because of:

15         (a)  Race, color, creed, marital status, sex, or

16  national origin;

17         (b)  The residence, age, or lawful occupation of the

18  individual, unless there is a reasonable relationship between

19  the residence, age, or lawful occupation of the individual and

20  the coverage issued or to be issued; or

21         (c)  The fact that the enrollee or applicant had been

22  previously refused insurance coverage or health maintenance

23  organization coverage by any insurer or health maintenance

24  organization when such refusal to cover or continue to cover

25  for this reason occurs with such frequency as to indicate a

26  general business practice.

27         Section 51.  Section 641.3917, Florida Statutes, is

28  amended to read:

29         641.3917  Civil liability.--The provisions of this part

30  are cumulative to rights under the general civil and common

31

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  1  law, and no action of the department shall abrogate such

  2  rights to damage or other relief in any court.

  3         (1)  Any person to whom a duty is owed may bring a

  4  civil action against a health maintenance organization when

  5  such person suffers damages as a result of:

  6         (a)  A violation of s. 641.3903(5)(a), (b), (c)1.-7.,

  7  (10), or (15) by the health maintenance organization; or

  8         (b)  The health maintenance organization's failure to

  9  provide a covered service when in good faith the health

10  maintenance organization should have provided the service if

11  it had acted fairly and honestly toward its subscriber or

12  enrollee and with due regard for his or her interests and, in

13  the independent medical judgment of a contract treating

14  physician or other physician authorized by the health

15  maintenance organization, the service is medically necessary.

16

17  However, a person pursuing a remedy under this section need

18  not prove that such acts were committed or performed with such

19  frequency as to indicate a general business practice.

20         (2)(a)  As a condition precedent to bringing an action

21  under this section, the department and the health maintenance

22  organization must have been given 60 days' written notice of

23  the violation.  If the department returns a notice for lack of

24  specificity, the 60-day time period does not begin until a

25  proper notice is filed.

26         (b)  The notice must be on a form provided by the

27  department and must state with specificity the following

28  information and such other information as the department

29  requires:

30

31

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  1         1.  The provision of law, including the specific

  2  language of the law, which the health maintenance organization

  3  has allegedly violated.

  4         2.  The facts and circumstances giving rise to the

  5  violation.

  6         3.  The name of any individual involved in the

  7  violation.

  8         4.  Any reference to specific contract language that is

  9  relevant to the violation.

10         5.  A statement that the notice is given in order to

11  perfect the right to pursue the civil remedy authorized by

12  this section.

13         (c)  Within 20 days after receipt of the notice, the

14  department may return any notice that does not provide the

15  specific information required by this section, and the

16  department shall indicate the specific deficiencies contained

17  in the notice.  A determination by the department to return a

18  notice for lack of specificity is exempt from the requirements

19  of chapter 120.

20         (d)  No action shall lie under this section if, within

21  60 days after filing notice, the damages are paid or the

22  circumstances giving rise to the violation are corrected.

23         (e)  The health maintenance organization that is the

24  recipient of a notice filed under this section shall report to

25  the department on the disposition of the alleged violation.

26         (f)  The applicable statute of limitations for an

27  action under this section shall be tolled for a period of 65

28  days by the mailing of the notice required by this subsection

29  or the mailing of a subsequent notice required by this

30  subsection.

31

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  1         (3)  Upon adverse adjudication at trial or upon appeal,

  2  the health maintenance organization is liable for damages,

  3  together with court costs and reasonable attorney's fees,

  4  incurred by the plaintiff.

  5         (4)  Punitive damages shall not be awarded under this

  6  section unless the acts giving rise to the violation occur

  7  with such frequency as to indicate a general business practice

  8  and are either willful, wanton, and malicious or are in

  9  reckless disregard for the rights of any subscriber or

10  enrollee.  Any person who pursues a claim under this

11  subsection shall post, in advance, the costs of discovery.

12  Such costs shall be awarded to the health maintenance

13  organization if no punitive damages are awarded to the

14  plaintiff.

15         (5)  This section shall not be construed to authorize a

16  class action suit against a health maintenance organization or

17  a civil action against the department, its employees, or the

18  Insurance Commissioner, or against the Agency for Health Care

19  Administration, its employees, or the director of the agency

20  or to create a cause of action when a health maintenance

21  organization refuses to pay a claim for reimbursement on the

22  grounds that the charge for a service was unreasonably high or

23  that the service provided was not medically necessary.

24         (6)(a)  The civil remedy specified in this section does

25  not preempt any other remedy or cause of action provided for

26  pursuant to any other law or pursuant to the common law of

27  this state.  Any person may obtain a judgment under either the

28  common law remedy of bad faith or the remedy provided in this

29  section, but is not entitled to a judgment under both

30  remedies.  This section does not create a common law cause of

31  action.  The damages recoverable under this section include

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  1  damages that are a reasonably foreseeable result of a

  2  specified violation of this section by the health maintenance

  3  organization and may include an award or judgment in an amount

  4  that exceeds contract limits.

  5         (b)  This section does not create a cause of action for

  6  medical malpractice. Such an action is subject to the

  7  provisions of chapter 766.

  8         (c)  This section does not apply to the provision of

  9  medical care, treatment, or attendance pursuant to chapter

10  440.

11         Section 52.  Subsection (4) of section 440.11, Florida

12  Statutes, is amended to read:

13         440.11  Exclusiveness of liability.--

14         (4)  Notwithstanding the provisions of s. 624.155 or s.

15  641.3917, the liability of a carrier or a health maintenance

16  organization to an employee or to anyone entitled to bring

17  suit in the name of the employee shall be as provided in this

18  chapter, which shall be exclusive and in place of all other

19  liability.

20         Section 53.  The Legislature finds that the provisions

21  of this act will fulfill an important state interest.

22         Section 54.  The sum of $112,000 is appropriated from

23  the Insurance Commissioner's Regulatory Trust Fund to the

24  Department of Insurance and three positions are authorized for

25  the purposes of carrying out the provisions of sections 49

26  through 52 of this act.

27         Section 55.  Subsection (39) is added to section

28  641.31, Florida Statutes, to read:

29         641.31  Health maintenance contracts.--

30         (39)  A health maintenance organization contract may

31  not prohibit or restrict a subscriber from receiving

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  1  in-patient services in a contracted hospital from a contracted

  2  primary care or admitting physician if such services are

  3  determined by the organization to be medically necessary and

  4  covered services under the organization's contract with the

  5  contract holder.

  6         Section 56.  Subsection (11) is added to section

  7  641.315, Florida Statutes, to read:

  8         641.315  Provider contracts.--

  9         (11)  A contract between a health maintenance

10  organization and a contracted primary-care or admitting

11  physician may not contain any provision that prohibits such

12  physician from providing in-patient services in a contracted

13  hospital to a subscriber if such services are determined by

14  the organization to be medically necessary and covered

15  services under the organization's contract with the contract

16  holder.

17         Section 57.  Subsection (5) is added to section

18  641.3155, Florida Statutes, to read:

19         641.3155  Provider contracts; payment of claims.--

20         (5)  A health maintenance organization shall pay a

21  contracted primary-care or admitting physician, pursuant to

22  such physician's contract, for providing in-patient services

23  in a contracted hospital to a subscriber, if such services are

24  determined by the organization to be medically necessary and

25  covered services under the organization's contract with the

26  contract holder.

27         Section 58.  Present subsections (4), (5), (6), (7),

28  (8), (9), and (10) of section 641.51, Florida Statutes, are

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

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

31  section to read:

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  1         641.51  Quality assurance program; second medical

  2  opinion requirement.--

  3         (4)  The organization shall ensure that only a

  4  physician licensed under chapter 458 or chapter 459; or an

  5  M.D. or D.O. physician with an active, unencumbered license in

  6  another state with similar licensing requirements may render

  7  an adverse determination regarding a service provided by a

  8  physician licensed in this state. The organization shall

  9  submit to the treating provider and the subscriber written

10  notification regarding the organization's adverse

11  determination within 2 working days after the subscriber or

12  provider is notified of the adverse determination. The written

13  notification must include the utilization review criteria or

14  benefits provisions used in the adverse determination,

15  identify the physician who rendered the adverse determination,

16  and be signed by an authorized representative of the

17  organization or the physician who renders the adverse

18  determination. The organization must include with the

19  notification of an adverse determination information

20  concerning the appeal process for adverse determinations.

21         Section 59.  This act shall take effect July 1, 2000,

22  and apply to contracts issued or renewed on or after that

23  date, except as otherwise provided in this act and except that

24  the amendment to section 395.701, Florida Statutes, by this

25  act shall take effect only upon the receipt by the Agency for

26  Health Care Administration of written confirmation from the

27  federal Health Care Financing Administration that the changes

28  contained in such amendment will not adversely affect the use

29  of the remaining assessments as state match for the state's

30  Medicaid program.

31

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                CS/CS/SB 2154, CS/SB 1900 & SB 282

  3

  4  Clarifies that provisions of the Insurance Code that
    specifically apply to health maintenance organizations, do
  5  apply to health maintenance organizations, even though they
    are not contained in chapter 641.
  6
    Provides that the Department of Insurance may terminate a
  7  health maintenance organization contract with a third party if
    the contract is with an entity that is not licensed under
  8  state law, if such license is required, or is not in good
    standing with the applicable regulatory agency.
  9
    Makes it a third-degree felony for an officer or director of a
10  health maintenance organization to accept new or renewal
    subscriber contracts if the health maintenance organization is
11  insolvent or impaired (which is current law for officers and
    directors of an insurance company).
12
    Requires the Mandated Health Insurance Benefits and Providers
13  Estimating Conference to use a certified actuary in reviewing
    required reports rather than requiring each report submitted
14  to be prepared by a certified actuary.

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

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