Senate Bill 2234

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    Florida Senate - 2000                                  SB 2234

    By Senator Saunders





    25-864A-00

  1                      A bill to be entitled

  2         An act relating to health care services;

  3         amending s. 641.19, F.S.; providing

  4         definitions; amending s. 641.315, F.S.;

  5         providing that authorization for a covered

  6         service provided by an HMO's physician,

  7         employee, or contractee is binding on the HMO

  8         and payment may not be denied; prohibiting

  9         denial of payments by an HMO for covered

10         services provided by a hospital provider;

11         amending s. 641.3155, F.S.; requiring HMOs to

12         notify contract providers that a claim has been

13         received within a specified time; providing

14         conditions under which an HMO may contest a

15         contract provider's claim; providing for

16         reversion of overdue payments for claims;

17         creating s. 641.3156, F.S.; providing for

18         adoption of clean claims standards; amending s.

19         641.3903, F.S.; prohibiting specified false

20         statements and unfair claim settlement

21         practices; amending s. 641.3909, F.S.;

22         authorizing the Department of Insurance to

23         impose a monetary penalty for unfair methods of

24         competition or unfair and deceptive acts or

25         practices; amending s. 641.495, F.S.; providing

26         an additional requirement for the issuance and

27         maintenance of a health-care-provider

28         certificate; amending s. 641.51, F.S.;

29         requiring an HMO to ensure that only licensed

30         physicians may render an adverse determination

31         relating to a service provided by a licensed

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  1         physician; requiring the physician to submit to

  2         the provider and the subscriber facts and

  3         documentation relating to the HMO's adverse

  4         determination; providing an effective date.

  5

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

  7

  8         Section 1.  Section 641.19, Florida Statutes, is

  9  amended to read:

10         641.19  Definitions.--As used in this part, the term:

11         (1)  "Affiliate" means any entity which exercises

12  control over or is controlled by the health maintenance

13  organization, directly or indirectly, through:

14         (a)  Equity ownership of voting securities;

15         (b)  Common managerial control; or

16         (c)  Collusive participation by the management of the

17  health maintenance organization and affiliate in the

18  management of the health maintenance organization or the

19  affiliate.

20         (2)  "Agency" means the Agency for Health Care

21  Administration.

22         (3)  "Capitation" means the fixed amount paid by an HMO

23  to a health care provider under contract with the health

24  maintenance organization in exchange for the rendering of

25  covered medical services.

26         (4)  "Comprehensive health care services" means

27  services, medical equipment, and supplies furnished by a

28  provider, which may include, but which are not limited to,

29  medical, surgical, and dental care; psychological, optometric,

30  optic, chiropractic, podiatric, nursing, physical therapy, and

31  pharmaceutical services; health education, preventive medical,

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  1  rehabilitative, and home health services; inpatient and

  2  outpatient hospital services; extended care; nursing home

  3  care; convalescent institutional care; technical and

  4  professional clinical pathology laboratory services;

  5  laboratory and ambulance services; appliances, drugs,

  6  medicines, and supplies; and any other care, service, or

  7  treatment of disease, or correction of defects for human

  8  beings.

  9         (5)  "Copayment" means a specific dollar amount, except

10  as otherwise provided for by statute, that the subscriber must

11  pay upon receipt of covered health care services.  Copayments

12  may not be established in an amount that will prevent a person

13  from receiving a covered service or benefit as specified in

14  the subscriber contract approved by the department.

15         (6)  "Covered services" means health care services and

16  supplies delivered by providers which are reimbursable under a

17  subscriber's health maintenance contract.

18         (7)(6)  "Department" means the Department of Insurance.

19         (8)(7)  "Emergency medical condition" means:

20         (a)  A medical condition manifesting itself by acute

21  symptoms of sufficient severity, which may include severe pain

22  or other acute symptoms, such that the absence of immediate

23  medical attention could reasonably be expected to result in

24  any of the following:

25         1.  Serious jeopardy to the health of a patient,

26  including a pregnant woman or a fetus.

27         2.  Serious impairment to bodily functions.

28         3.  Serious dysfunction of any bodily organ or part.

29         (b)  With respect to a pregnant woman:

30         1.  That there is inadequate time to effect safe

31  transfer to another hospital prior to delivery;

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  1         2.  That a transfer may pose a threat to the health and

  2  safety of the patient or fetus; or

  3         3.  That there is evidence of the onset and persistence

  4  of uterine contractions or rupture of the membranes.

  5         (9)(8)  "Emergency services and care" means medical

  6  screening, examination, and evaluation by a physician, or, to

  7  the extent permitted by applicable law, by other appropriate

  8  personnel under the supervision of a physician, to determine

  9  if an emergency medical condition exists and, if it does, the

10  care, treatment, or surgery for a covered service by a

11  physician necessary to relieve or eliminate the emergency

12  medical condition, within the service capability of a

13  hospital.

14         (10)(9)  "Entity" means any legal entity with

15  continuing existence, including, but not limited to, a

16  corporation, association, trust, or partnership.

17         (11)(10)  "Geographic area" means the county or

18  counties, or any portion of a county or counties, within which

19  the health maintenance organization provides or arranges for

20  comprehensive health care services to be available to its

21  subscribers.

22         (12)(11)  "Guaranteeing organization" is an

23  organization which is domiciled in the United States; which

24  has authorized service of process against it; and which has

25  appointed the Insurance Commissioner and Treasurer as its

26  agent for service of process issuing upon any cause of action

27  arising in this state, based upon any guarantee entered into

28  under this part.

29         (13)(12)  "Health maintenance contract" means any

30  contract entered into by a health maintenance organization

31  with a subscriber or group of subscribers to provide

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  1  comprehensive health care services in exchange for a prepaid

  2  per capita or prepaid aggregate fixed sum.

  3         (14)(13)  "Health maintenance organization" means any

  4  organization authorized under this part which:

  5         (a)  Provides emergency care, inpatient hospital

  6  services, physician care including care provided by physicians

  7  licensed under chapters 458, 459, 460, and 461, ambulatory

  8  diagnostic treatment, and preventive health care services;

  9         (b)  Provides, either directly or through arrangements

10  with other persons, health care services to persons enrolled

11  with such organization, on a prepaid per capita or prepaid

12  aggregate fixed-sum basis;

13         (c)  Provides, either directly or through arrangements

14  with other persons, comprehensive health care services which

15  subscribers are entitled to receive pursuant to a contract;

16         (d)  Provides physician services, by physicians

17  licensed under chapters 458, 459, 460, and 461, directly

18  through physicians who are either employees or partners of

19  such organization or under arrangements with a physician or

20  any group of physicians; and

21         (e)  If offering services through a managed care

22  system, then the managed care system must be a system in which

23  a primary physician licensed under chapter 458 or chapter 459

24  and chapters 460 and 461 is designated for each subscriber

25  upon request of a subscriber requesting service by a physician

26  licensed under any of those chapters, and is responsible for

27  coordinating the health care of the subscriber of the

28  respectively requested service and for referring the

29  subscriber to other providers of the same discipline when

30  necessary.  Each female subscriber may select as her primary

31  physician an obstetrician/gynecologist who has agreed to serve

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  1  as a primary physician and is in the health maintenance

  2  organization's provider network.

  3         (15)(14)  "Insolvent" or "insolvency" means that all

  4  the statutory assets of the health maintenance organization,

  5  if made immediately available, would not be sufficient to

  6  discharge all of its liabilities or that the health

  7  maintenance organization is unable to pay its debts as they

  8  become due in the usual course of business.  In the event that

  9  all the assets of the health maintenance organization, if made

10  immediately available, would not be sufficient to discharge

11  all of its liabilities, but the organization has a written

12  guarantee of the type and subject to the same provisions as

13  outlined in s. 641.225, the organization shall not be

14  considered insolvent unless it is unable to pay its debts as

15  they become due in the usual course of business.

16         (16)  "Noncovered services" means health care services

17  that are not covered services, including but not limited to

18  those services the organization determines are not medically

19  necessary or not a medical necessity.

20         (17)(15)  "Provider" means any physician, hospital, or

21  other institution, organization, or person that furnishes

22  health care services and is licensed or otherwise authorized

23  to practice in the state.

24         (18)(16)  "Reporting period" means the annual

25  accounting period or any part thereof or the fiscal year of

26  the health maintenance organization.

27         (19)(17)  "Statutory accounting principles" means

28  generally accepted accounting principles, except as modified

29  by this part.

30         (20)(18)  "Subscriber" means an entity or individual

31  who has contracted, or on whose behalf a contract has been

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  1  entered into, with a health maintenance organization for

  2  health care services or other persons who also receive health

  3  care services as a result of the contract.

  4         (21)  "Subscriber expenses" means any amounts due for

  5  health care services which are the subscriber's responsibility

  6  in accordance with the health maintenance contract, including

  7  copayments, coinsurance, and deductibles and expenses for

  8  those services determined by the organization to be noncovered

  9  services.

10         (22)(19)  "Surplus" means total statutory assets in

11  excess of total liabilities, except that assets pledged to

12  secure debts not reflected on the books of the health

13  maintenance organization shall not be included in surplus.

14  Surplus includes capital stock, capital in excess of par,

15  other contributed capital, retained earnings, and surplus

16  notes.

17         (23)(20)  "Surplus notes" means debt which has been

18  guaranteed by the United States Government or its agencies, or

19  debt which has been subordinated to all claims of subscribers

20  and general creditors of the organization.

21         (24)(21)  "Uncovered expenditures" means the cost of

22  health care services that are covered by a health maintenance

23  organization, for which a subscriber would also be liable in

24  the event of the insolvency of the organization.

25         Section 2.  Section 641.315, Florida Statutes, is

26  amended to read:

27         641.315  Provider contracts.--

28         (1)  Whenever a contract exists between a health

29  maintenance organization and a provider and the organization

30  fails to meet its obligations to pay fees for authorized

31  covered services already rendered to a subscriber, the health

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  1  maintenance organization shall be liable for such fee or fees

  2  rather than the subscriber; and the contract shall so state.

  3         (2)  Authorization for a covered service provided by a

  4  health maintenance organization's contracted physician or by a

  5  health maintenance organization's employee or by an entity

  6  contracting with or acting on behalf of the health maintenance

  7  organization is binding upon the health maintenance

  8  organization, and payment may not be denied.

  9         (3)(2)  No subscriber of an HMO shall be liable to any

10  provider of health care services for any services covered by

11  the HMO.

12         (4)(3)  No provider of services or any representative

13  of such provider shall collect or attempt to collect from an

14  HMO subscriber any money for services covered by an HMO and no

15  provider or representative of such provider may maintain any

16  action at law against a subscriber of an HMO to collect money

17  owed to such provider by an HMO.

18         (5)(4)  Every contract between an HMO and a provider of

19  health care services shall be in writing and shall contain a

20  provision that the subscriber shall not be liable to the

21  provider for any services covered by the subscriber's contract

22  with the HMO.

23         (6)(5)  The provisions of this section shall not be

24  construed to apply to the amount of any deductible or

25  copayment which is not covered by the contract of the HMO.

26         (7)(6)(a)  For all provider contracts executed after

27  October 1, 1991, and within 180 days after October 1, 1991,

28  for contracts in existence as of October 1, 1991:

29         1.  The contracts must provide that the provider shall

30  provide 60 days' advance written notice to the health

31  maintenance organization and the department before canceling

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  1  the contract with the health maintenance organization for any

  2  reason; and

  3         2.  The contract must also provide that nonpayment for

  4  goods or services rendered by the provider to the health

  5  maintenance organization shall not be a valid reason for

  6  avoiding the 60-day advance notice of cancellation.

  7         (b)  For all provider contracts executed after October

  8  1, 1996, and within 180 days after October 1, 1996, for

  9  contracts in existence as of October 1, 1996, the contracts

10  must provide that the health maintenance organization will

11  provide 60 days' advance written notice to the provider and

12  the department before canceling, without cause, the contract

13  with the provider, except in a case in which a patient's

14  health is subject to imminent danger or a physician's ability

15  to practice medicine is effectively impaired by an action by

16  the Board of Medicine or other governmental agency.

17         (8)(7)  Upon receipt by the health maintenance

18  organization of a 60-day cancellation notice, the health

19  maintenance organization may, if requested by the provider,

20  terminate the contract in less than 60 days if the health

21  maintenance organization is not financially impaired or

22  insolvent.

23         (9)(8)  A contract between a health maintenance

24  organization and a provider of health care services shall not

25  contain any provision restricting the provider's ability to

26  communicate information to the provider's patient regarding

27  medical care or treatment options for the patient when the

28  provider deems knowledge of such information by the patient to

29  be in the best interest of the health of the patient.

30

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  1         (10)(9)  A contract between a health maintenance

  2  organization and a provider of health care services may not

  3  contain any provision that in any way prohibits or restricts:

  4         (a)  The health care provider from entering into a

  5  commercial contract with any other health maintenance

  6  organization; or

  7         (b)  The health maintenance organization from entering

  8  into a commercial contract with any other health care

  9  provider.

10         (11)(10)  A health maintenance organization or health

11  care provider may not terminate a contract with a health care

12  provider or health maintenance organization unless the party

13  terminating the contract provides the terminated party with a

14  written reason for the contract termination, which may include

15  termination for business reasons of the terminating party. The

16  reason provided in the notice required in this section or any

17  other information relating to the reason for termination does

18  not create any new administrative or civil action and may not

19  be used as substantive evidence in any such action, but may be

20  used for impeachment purposes. As used in this subsection, the

21  term "health care provider" means a physician licensed under

22  chapter 458, chapter 459, chapter 460, or chapter 461, or a

23  dentist licensed under chapter 466.

24         (12)  A health maintenance organization may not deny

25  payment for covered services provided by a contracted hospital

26  provider, or pay for a lower level of care than rendered, when

27  such service is ordered by a contracted physician.

28         Section 3.  Section 641.3155, Florida Statutes, is

29  amended to read:

30         641.3155  Provider contracts; payment of claims.--

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  1         (1)(a)  A health maintenance organization shall pay any

  2  claim or any portion of a claim made by a contract provider

  3  for services or goods provided under a contract with the

  4  health maintenance organization which the organization does

  5  not contest or deny within 35 days after receipt of the claim

  6  by the health maintenance organization which is mailed or

  7  electronically transferred by the provider.

  8         (b)  A health maintenance organization shall notify the

  9  provider that a claim has been received within 2 days, if the

10  claim has been electronically transmitted to the health

11  maintenance organization or its agent, or within 10 days if

12  the claim was mailed or otherwise delivered. If receipt of a

13  claim is not acknowledged within the applicable timeframe, the

14  provider may resubmit the claim, and such resubmission will

15  not constitute a fraudulent claim.

16         (c)  A health maintenance organization shall notify the

17  provider within 15 days after a claim has been received if the

18  claim is incomplete, if the patient receiving the service is

19  no longer an eligible subscriber, of if the service was not

20  authorized.

21         (d)(b)  A health maintenance organization that denies

22  or contests a provider's claim shall notify the contract

23  provider, in writing, within 35 days after receipt of the

24  claim by the health maintenance organization that the claim is

25  contested or denied. The notice that the claim is denied or

26  contested must identify the contested portion of the claim and

27  the specific reason for contesting or denying the claim, and

28  may include a request for additional information. If the

29  health maintenance organization requests additional

30  information, the provider shall, within 35 days after receipt

31  of such request, mail or electronically transfer the

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  1  information to the health maintenance organization. The health

  2  maintenance organization shall acknowledge receiving the

  3  additional information within 5 days after its receipt.  The

  4  health maintenance organization shall pay or deny the claim or

  5  portion of the claim within 45 days after receipt of the

  6  information.

  7         (e)  In order for a health maintenance organization to

  8  contest a portion of a provider's claim, the health

  9  maintenance organization must pay to the provider the

10  uncontested portion of the claim within 35 days after receipt

11  of claim by the health maintenance organization. The failure

12  to pay the uncontested portion of a claim constitutes a waiver

13  of the health maintenance organization's right to deny any

14  part of the claim.

15         (2)  Payment of a claim is considered made on the date

16  the payment was received or electronically transferred or

17  otherwise delivered. An overdue payment of a claim bears

18  simple interest at the rate of 10 percent per year. Overdue

19  payments, either after 35 days for complete, uncontested

20  claims, or after 120 days for all other claims, revert to the

21  billed charges for facilities licensed under chapter 395 and

22  to the usual and customary charges for other providers.

23  Failure of a health maintenance organization to pay in a

24  timely manner constitutes waiver of a discount contractually

25  agreed to by the provider and the health maintenance

26  organization.

27         (3)  A health maintenance organization shall pay or

28  deny any claim no later than 120 days after receiving the

29  claim.

30         (4)  Any retroactive reductions of payments or demands

31  for refund of previous overpayments which are due to

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  1  retroactive review-of-coverage decisions or payment levels

  2  must be reconciled to specific claims unless the parties agree

  3  to other reconciliation methods and terms. Any retroactive

  4  demands by providers for payment due to underpayments or

  5  nonpayments for covered services must be reconciled to

  6  specific claims unless the parties agree to other

  7  reconciliation methods and terms. The look-back period may be

  8  specified by the terms of the contract.

  9         (5)  For the purposes of claims payment, a hospital's

10  charges shall be determined to be the usual and customary

11  charge.

12         Section 4.  Section 641.3156, Florida Statutes, is

13  created to read:

14         641.3156  Clean claims standards.--

15         (1)(a)  As used in this section the term "clean claim"

16  means either:

17         1.  An institutional claim that is a properly completed

18  billing instrument, paper or electronic, consisting of the

19  UB-92 data set or its successor, and submitted on the

20  designated paper or electronic format adopted by the National

21  Uniform Billing Committee (NUBC) with entries designated as

22  mandatory by the NUBC, together with any data required by the

23  state uniform billing committee and included in the UB-92

24  manual that is in effect at the time of service; or

25         2.  The definition established within an executed and

26  current provider contract.

27         (b)  The term "clean claim" as used in this section

28  does not involve coordination of benefits for third-party

29  liability or subrogation as evidenced by the information

30  provided on the claim related to coordination of benefits.

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  1         (c)  The definition prescribed in paragraph (a) is

  2  inapplicable to claims against a physician's practice. With

  3  respect to a physician's practice, the definition of the term

  4  "clean claim" must be agreed upon by contract.

  5         (2)  The Department of Insurance and the Agency for

  6  Health Care Administration shall require all health plans to

  7  adopt the standards developed by the National Uniform Billing

  8  Committee and the National Uniform Claims Committee, when

  9  adopted.

10         (3)  All health plans and providers must meet the

11  standards of the Health Insurance Portability and

12  Accountability Act, as approved by the Health Care Financing

13  Administration. The standards of the Health Insurance

14  Portability and Accountability Act must be implemented by

15  December 31, 2001, and must include the electronic processing

16  of claims for all health plans. However, the Agency for Health

17  Care Administration and the Department of Insurance may grant

18  exceptions to this subsection for rural providers and solo

19  practitioners.

20         (4)  Failure to comply with the standards set forth in

21  this section is an unfair method of competition under s.

22  641.3903.

23         Section 5.  Subsections (4) and (5) of section

24  641.3903, Florida Statutes, are amended to read:

25         641.3903  Unfair methods of competition and unfair or

26  deceptive acts or practices defined.--The following are

27  defined as unfair methods of competition and unfair or

28  deceptive acts or practices:

29         (4)  FALSE STATEMENTS AND ENTRIES.--

30         (a)  Knowingly:

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  1         1.  Filing with any supervisory or other public

  2  official,

  3         2.  Making, publishing, disseminating, or circulating,

  4         3.  Delivering to any person,

  5         4.  Placing before the public, or

  6         5.  Causing, directly or indirectly, to be made,

  7  published, disseminated, circulated, or delivered to any

  8  person, or place before the public,

  9

10  any material false statement.

11         (b)  Knowingly making any false entry of a material

12  fact in any book, report, or statement of any person.

13         (c)  Denying a subscriber's or provider's claim for

14  which an authorization has been obtained under s. 641.315(2).

15         (5)  UNFAIR CLAIM SETTLEMENT PRACTICES.--

16         (a)  Attempting to settle claims on the basis of an

17  application or any other material document which was altered

18  without notice to, or knowledge or consent of, a health

19  maintenance organization, the subscriber or group of

20  subscribers to a health maintenance organization, or the

21  providers of the service;

22         (b)  Making a material misrepresentation to the

23  subscriber for the purpose and with the intent of effecting

24  settlement of claims, loss, or damage under a health

25  maintenance contract on less favorable terms than those

26  provided in, and contemplated by, the contract; or

27         (c)  Committing or performing against a subscriber or

28  provider with such frequency as to indicate a general business

29  practice any of the following:

30

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  1         1.  Failing to adopt and implement claims standards

  2  defined in this chapter for the proper processing, payment,

  3  and investigation of claims;

  4         2.  Misrepresenting pertinent facts or contract

  5  provisions relating to coverage at issue;

  6         3.  Failing to acknowledge and act promptly upon any

  7  communications from a subscriber or provider with respect to

  8  claims;

  9         4.  Denying of a subscriber's or provider's claims or

10  portions of claims without conducting reasonable

11  investigations based upon available information;

12         5.  Failing to affirm or deny coverage of claims upon

13  written request of the subscriber or provider within a

14  reasonable time not to exceed 30 days after a claim or

15  proof-of-loss statements have been completed and documents

16  pertinent to the claim have been requested in a timely manner

17  and received by the health maintenance organization;

18         6.  Failing to promptly provide a reasonable

19  explanation in writing to the subscriber of the basis in the

20  health maintenance contract in relation to the facts or

21  applicable law for denial of a claim or for the offer of a

22  compromise settlement, or failing to promptly provide a

23  reasonable explanation in writing to the provider of the basis

24  in the health maintenance contract in relation to the facts or

25  applicable law, or in the case of a contracted provider the

26  basis in the provision of the provider's contract for denial

27  of a claim or partial payment of a claim;

28         7.  Failing to provide, upon written request of a

29  subscriber, itemized statements verifying that services and

30  supplies were furnished, where such statement is necessary for

31  the submission of other insurance claims covered by individual

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  1  specified disease or limited benefit policies, provided that

  2  the organization may receive from the subscriber a reasonable

  3  administrative charge for the cost of preparing such

  4  statement; or

  5         8.  Failing to provide any subscriber with services,

  6  care, or treatment contracted for pursuant to any health

  7  maintenance contract without a reasonable basis to believe

  8  that a legitimate defense exists for not providing such

  9  services, care, or treatment. To the extent that a national

10  disaster, war, riot, civil insurrection, epidemic, or any

11  other emergency or similar event not within the control of the

12  health maintenance organization results in the inability of

13  the facilities, personnel, or financial resources of the

14  health maintenance organization to provide or arrange for

15  provision of a health service in accordance with requirements

16  of this part, the health maintenance organization is required

17  only to make a good faith effort to provide or arrange for

18  provision of the service, taking into account the impact of

19  the event.  For the purposes of this paragraph, an event is

20  not within the control of the health maintenance organization

21  if the health maintenance organization cannot exercise

22  influence or dominion over its occurrence.

23         Section 6.  Subsection (3) is added to section

24  641.3909, to read:

25         641.3909  Cease and desist and penalty orders.--After

26  the hearing provided in s. 641.3907, the department shall

27  enter a final order in accordance with s. 120.569. If it is

28  determined that the person, entity, or health maintenance

29  organization charged has engaged in an unfair or deceptive act

30  or practice or the unlawful operation of a health maintenance

31  organization without a subsisting certificate of authority,

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  1  the department shall also issue an order requiring the

  2  violator to cease and desist from engaging in such method of

  3  competition, act, or practice or unlawful operation of a

  4  health maintenance organization. Further, if the act or

  5  practice constitutes a violation of s. 641.3901 or s.

  6  641.3903, the department may, at its discretion, order any one

  7  or more of the following:

  8         (3)  A monetary penalty of not more than $50,000 per

  9  violation of s. 641.3901 or s. 641.3903. Monetary penalties

10  assessed by the department under this subsection must be

11  allocated one-half to the department for the specific purpose

12  of monitoring and enforcing the provisions of ss. 641.3901 and

13  641.3903, and one-half to the Agency for Health Care

14  Administration, Bureau of Managed Care.

15         Section 7.  Section 641.495, Florida Statutes, is

16  amended to read:

17         641.495  Requirements for issuance and maintenance of

18  certificate.--

19         (1)  The agency shall issue a health care provider

20  certificate to an applicant filing a completed application in

21  conformity with ss. 641.48 and 641.49, upon payment of the

22  prescribed fee, and upon the agency's being satisfied that the

23  applicant has the ability to provide quality of care

24  consistent with the prevailing professional standards of care

25  and which applicant otherwise meets the requirements of this

26  part.

27         (2)  A certificate, unless sooner suspended or revoked,

28  shall automatically expire 2 years from the date of issuance,

29  or at any time accreditation is withdrawn, unless renewed by

30  the organization.  The certificate shall be renewed upon

31  application for renewal and payment of a renewal fee of

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  1  $1,000, provided that the organization is in compliance with

  2  the requirements of this part and all rules adopted under this

  3  part.  An application for renewal of a certificate shall be

  4  made 90 days prior to expiration of the certificate, on forms

  5  provided by the agency.  The renewal application shall not

  6  require the resubmission of any documents previously filed

  7  with the agency if such documents have remained valid and

  8  unchanged since their original filing.

  9         (3)  The organization shall demonstrate its capability

10  to provide health care services in the geographic area that it

11  proposes to service.  In addition, each health maintenance

12  organization shall notify the agency of its intent to expand

13  its geographic area at least 60 days prior to the date it

14  plans to begin providing health care services in the new area.

15  Prior to the date the health maintenance organization begins

16  enrolling members in the new area, it must submit a notarized

17  affidavit, signed by two officers of the organization who have

18  the authority to legally bind the organization, to the agency

19  describing and affirming its existing and projected capability

20  to provide health care services to its projected number of

21  subscribers in the new area.  The notarized affidavit shall

22  further assure that, 15 days prior to providing health care

23  services in the new area, the health maintenance organization

24  shall be able, through documentation or otherwise, to

25  demonstrate that it shall be capable of providing services to

26  its projected subscribers for at least the first 60 days of

27  operation. If the agency determines that the organization is

28  not capable of providing health care services to its projected

29  number of subscribers in the new area, the agency may issue an

30  order as required under chapter 120 prohibiting the

31  organization from expanding into the new area. In any

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  1  proceeding under chapter 120, the agency shall have the burden

  2  of establishing that the organization is not capable of

  3  providing health care services to its projected number of

  4  subscribers in the new area.

  5         (4)  The organization shall ensure that the health care

  6  services it provides to subscribers, including physician

  7  services as required by s. 641.19(13)(d) and (e), are

  8  accessible to the subscribers, with reasonable promptness,

  9  with respect to geographic location, hours of operation,

10  provision of after-hours service, and staffing patterns within

11  generally accepted industry norms for meeting the projected

12  subscriber needs.

13         (5)  Each organization shall maintain on-line and

14  telephone services 24 hours a day, 7 days a week, for purposes

15  of providers confirming subscriber eligibility and

16  authorization for services. Each organization shall make

17  available communications to a live person for authorizations

18  and information on the coverage status. In no circumstance may

19  an organization give a provider a pending authorization.

20         (6)(5)  The organization shall exercise reasonable care

21  in assuring that delivered health care services are performed

22  by appropriately licensed providers.

23         (7)(6)  The organization shall have a system for

24  verification and examination of the credentials of each of its

25  providers.  The organization shall maintain in a central file

26  the credentials, including a copy of the current Florida

27  license, of each of its physicians.

28         (8)(7)  Every organization shall establish standards

29  and procedures reasonably necessary to provide for the

30  maintenance of a readily accessible medical records system

31  which is adequate to accommodate necessary information

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  1  including an accurate documentation of all services provided

  2  for every enrolled subscriber.

  3         (9)(8)  Each organization's contracts, certificates,

  4  and subscriber handbooks shall contain a provision, if

  5  applicable, disclosing that, for certain types of described

  6  medical procedures, services may be provided by physician

  7  assistants, nurse practitioners, or other individuals who are

  8  not licensed physicians.

  9         (10)(9)  Every organization shall have a subscriber

10  grievance procedure, including, as appropriate, a procedure

11  for disenrolling for cause, which is outlined in all master

12  group and individual contracts as well as in any certificate

13  or handbook provided to subscribers.

14         (11)(10)  The organization shall provide, through

15  contract or otherwise, for periodic review of its medical

16  facilities and services, as required under s. 641.512.

17         (12)(11)  The organization shall designate a medical

18  director who is a physician licensed under chapter 458 or

19  chapter 459.

20         (13)(12)  The provisions of part I of chapter 395 do

21  not apply to a health maintenance organization that, on or

22  before January 1, 1991, provides not more than 10 outpatient

23  holding beds for short-term and hospice-type patients in an

24  ambulatory care facility for its members, provided that such

25  health maintenance organization maintains current

26  accreditation by the Joint Commission on Accreditation of

27  Health Care Organizations, the Accreditation Association for

28  Ambulatory Health Care, or the National Committee for Quality

29  Assurance.

30         Section 8.  Present subsections (4), (5), (6), (7),

31  (8), (9), and (10) of section 641.51, Florida Statutes, are

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

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

  3  section to read:

  4         641.51  Quality assurance program; second medical

  5  opinion requirement.--

  6         (4)  The organization shall ensure that only a

  7  physician licensed under chapter 458 or chapter 459 may render

  8  an adverse determination regarding a service provided by a

  9  physician licensed under chapter 458 or chapter 459 and shall

10  require the physician to submit to the provider and the

11  subscriber the facts and documentation regarding the

12  organization's adverse determination within 2 working days

13  after the subscriber or provider is notified of the adverse

14  determination. The facts and documentation must be written,

15  include the utilization-review criteria or benefits provisions

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

17  physician rendering the adverse determination. The

18  organization must include with the notification of an adverse

19  determination information concerning the appeal process for

20  adverse determinations.

21         Section 9.  This act shall take effect July 1, 2000.

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  2                          SENATE SUMMARY

  3    Provides definitions applicable to the Health Maintenance
      Organization Act. Provides that authorization for a
  4    covered service provided by an HMO's physician, employee,
      or contractee is binding on the HMO, and that payment may
  5    not be denied. Prohibits the denial of payments by an HMO
      for covered services provided by a hospital provider.
  6    Requires an HMO to notify contract providers that a claim
      has been received within a specified time. Provides
  7    conditions under which an HMO may contest a contract
      provider's claim. Provides for a reversion to charges for
  8    facilities and providers of overdue payments for claims.
      Provides for the adoption of claims standards. Prohibits
  9    specified false statements and unfair claim settlement
      practices. Authorizes the Department of Insurance to
10    impose a monetary penalty for unfair methods of
      competition or unfair and deceptive acts or practices.
11    Provides an additional requirement for the issuance and
      maintenance of a health care provider certificate.
12    Requires an HMO to ensure that only licensed physicians
      may render an adverse determination relating to service
13    provided by a licensed physician. Requires the physician
      to submit to the provider and the subscriber facts and
14    documentation relating to the HMO's adverse
      determination.
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