Senate Bill sb1428e1

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    SB 1428                                  First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to the State Group Insurance

  3         Program; amending ss. 110.123, 287.022, F.S.;

  4         prohibiting limitations by the state on

  5         competition for an insurance product or plan on

  6         the basis of the compensation arrangement used

  7         by the insurer or organization; providing an

  8         effective date.

  9

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

11

12         Section 1.  Subsection (3) of section 110.123, Florida

13  Statutes, is amended to read:

14         110.123  State group insurance program.--

15         (3)  STATE GROUP INSURANCE PROGRAM.--

16         (a)  The Division of State Group Insurance is created

17  within the Department of Management Services.

18         (b)  It is the intent of the Legislature to offer a

19  comprehensive package of health insurance and retirement

20  benefits and a personnel system for state employees which are

21  provided in a cost-efficient and prudent manner, and to allow

22  state employees the option to choose benefit plans which best

23  suit their individual needs. Therefore, the state group

24  insurance program is established which may include the state

25  group health insurance plan, health maintenance organization

26  plans, group life insurance plans, group accidental death and

27  dismemberment plans, and group disability insurance plans.

28  Furthermore, the department is additionally authorized to

29  establish and provide as part of the state group insurance

30  program any other group insurance plans which are consistent

31  with the provisions of this section.


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    SB 1428                                  First Engrossed (ntc)



  1         (c)  Notwithstanding any provision in this section to

  2  the contrary, it is the intent of the Legislature that the

  3  department shall be responsible for all aspects of the

  4  purchase of health care for state employees under the state

  5  group health insurance plan and the health maintenance

  6  organization plans. Responsibilities shall include, but not be

  7  limited to, the development of requests for proposals for

  8  state employee health services, the determination of health

  9  care benefits to be provided, and the negotiation of contracts

10  for health care and health care administrative services.

11  Prior to the negotiation of contracts for health care

12  services, the Legislature intends that the department shall

13  develop, with respect to state collective bargaining issues,

14  the health benefits and terms to be included in the state

15  group health insurance program. The department shall adopt

16  rules necessary to perform its responsibilities pursuant to

17  this section.  It is the intent of the Legislature that the

18  department shall be responsible for the contract management

19  and day-to-day management of the state employee health

20  insurance program, including, but not limited to, employee

21  enrollment, premium collection, payment to health care

22  providers, and other administrative functions related to the

23  program.

24         (d)1.  Notwithstanding the provisions of chapter 287

25  and the authority of the department, for the purpose of

26  protecting the health of, and providing medical services to,

27  state employees participating in the state group insurance

28  program, the department may contract to retain the services of

29  professional administrators for the state group insurance

30  program.  The agency shall follow good purchasing practices of

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    SB 1428                                  First Engrossed (ntc)



  1  state procurement to the extent practicable under the

  2  circumstances.

  3         2.  Each vendor in a major procurement, and any other

  4  vendor if the department deems it necessary to protect the

  5  state's financial interests, shall, at the time of executing

  6  any contract with the department, post an appropriate bond

  7  with the department in an amount determined by the department

  8  to be adequate to protect the state's interests but not higher

  9  than the full amount estimated to be paid annually to the

10  vendor under the contract.

11         3.  Each major contract entered into by the department

12  pursuant to this section shall contain a provision for payment

13  of liquidated damages to the department for material

14  noncompliance by a vendor with a contract provision. The

15  department may require a liquidated damages provision in any

16  contract if the department deems it necessary to protect the

17  state's financial interests.

18         4.  The provisions of s. 120.57(3) apply to the

19  department's contracting process, except:

20         a.  A formal written protest of any decision, intended

21  decision, or other action subject to protest shall be filed

22  within 72 hours after receipt of notice of the decision,

23  intended decision, or other action.

24         b.  As an alternative to any provision of s. 120.57(3),

25  the department may proceed with the bid selection or contract

26  award process if the director of the department sets forth, in

27  writing, particular facts and circumstances which demonstrate

28  the necessity of continuing the procurement process or the

29  contract award process in order to avoid a substantial

30  disruption to the provision of any scheduled insurance

31  services.


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    SB 1428                                  First Engrossed (ntc)



  1         (e)  The Department of Management Services and the

  2  Division of State Group Insurance shall not prohibit or limit

  3  any properly licensed insurer, health maintenance

  4  organization, prepaid limited health services organization, or

  5  insurance agent from competing for any insurance product or

  6  plan purchased, provided, or endorsed by the department or the

  7  division on the basis of the compensation arrangement used by

  8  the insurer or organization for its agents.

  9         (f)(e)  Except as provided for in subparagraph (h)2.

10  (g)2., the percentage of state contribution toward the cost of

11  any plan in the state group insurance program shall be uniform

12  with respect to all state employees in state collective

13  bargaining units participating in the same plan or any similar

14  plan.  Nothing contained within this section prohibits the

15  development of separate benefit plans for officers and

16  employees exempt from collective bargaining or the development

17  of separate benefit plans for each collective bargaining unit.

18         (g)(f)  Participation by individuals in the program

19  shall be available to all state officers, full-time state

20  employees, and part-time state employees; and such

21  participation in the program or any plan thereof shall be

22  voluntary. Participation in the program shall also be

23  available to retired state officers and employees who elect at

24  the time of retirement to continue coverage under the program,

25  but they may elect to continue all or only part of the

26  coverage they had at the time of retirement. A surviving

27  spouse may elect to continue coverage only under the state

28  group health insurance plan or a health maintenance

29  organization plan.

30         (h)1.(g)1.  A person eligible to participate in the

31  state group insurance program may be authorized by rules


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    SB 1428                                  First Engrossed (ntc)



  1  adopted by the department, in lieu of participating in the

  2  state group health insurance plan, to exercise an option to

  3  elect membership in a health maintenance organization plan

  4  which is under contract with the state in accordance with

  5  criteria established by this section and by said rules.  The

  6  offer of optional membership in a health maintenance

  7  organization plan permitted by this paragraph may be limited

  8  or conditioned by rule as may be necessary to meet the

  9  requirements of state and federal laws.

10         2.  The department shall contract with health

11  maintenance organizations seeking to participate in the state

12  group insurance program through a request for proposal or

13  other procurement process, as developed by the Department of

14  Management Services and determined to be appropriate.

15         a.  The department shall establish a schedule of

16  minimum benefits for health maintenance organization coverage,

17  and that schedule shall include: physician services; inpatient

18  and outpatient hospital services; emergency medical services,

19  including out-of-area emergency coverage; diagnostic

20  laboratory and diagnostic and therapeutic radiologic services;

21  mental health, alcohol, and chemical dependency treatment

22  services meeting the minimum requirements of state and federal

23  law; skilled nursing facilities and services; prescription

24  drugs; and other benefits as may be required by the

25  department.  Additional services may be provided subject to

26  the contract between the department and the HMO.

27         b.  The department may establish uniform deductibles,

28  copayments, or coinsurance schedules for all participating HMO

29  plans.

30         c.  The department may require detailed information

31  from each health maintenance organization participating in the


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    SB 1428                                  First Engrossed (ntc)



  1  procurement process, including information pertaining to

  2  organizational status, experience in providing prepaid health

  3  benefits, accessibility of services, financial stability of

  4  the plan, quality of management services, accreditation

  5  status, quality of medical services, network access and

  6  adequacy, performance measurement, ability to meet the

  7  department's reporting requirements, and the actuarial basis

  8  of the proposed rates and other data determined by the

  9  director to be necessary for the evaluation and selection of

10  health maintenance organization plans and negotiation of

11  appropriate rates for these plans.  Upon receipt of proposals

12  by health maintenance organization plans and the evaluation of

13  those proposals, the department may enter into negotiations

14  with all of the plans or a subset of the plans, as the

15  department determines appropriate. Nothing shall preclude the

16  department from negotiating regional or statewide contracts

17  with health maintenance organization plans when this is

18  cost-effective and when the department determines that the

19  plan offers high value to enrollees.

20         d.  The department may limit the number of HMOs that it

21  contracts with in each service area based on the nature of the

22  bids the department receives, the number of state employees in

23  the service area, or any unique geographical characteristics

24  of the service area. The department shall establish by rule

25  service areas throughout the state.

26         e.  All persons participating in the state group

27  insurance program who are required to contribute towards a

28  total state group health premium shall be subject to the same

29  dollar contribution regardless of whether the enrollee enrolls

30  in the state group health insurance plan or in an HMO plan.

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    SB 1428                                  First Engrossed (ntc)



  1         3.  The department is authorized to negotiate and to

  2  contract with specialty psychiatric hospitals for mental

  3  health benefits, on a regional basis, for alcohol, drug abuse,

  4  and mental and nervous disorders. The department may

  5  establish, subject to the approval of the Legislature pursuant

  6  to subsection (5), any such regional plan upon completion of

  7  an actuarial study to determine any impact on plan benefits

  8  and premiums.

  9         4.  In addition to contracting pursuant to subparagraph

10  2., the department shall enter into contract with any HMO to

11  participate in the state group insurance program which:

12         a.  Serves greater than 5,000 recipients on a prepaid

13  basis under the Medicaid program;

14         b.  Does not currently meet the 25 percent

15  non-Medicare/non-Medicaid enrollment composition requirement

16  established by the Department of Health excluding participants

17  enrolled in the state group insurance program;

18         c.  Meets the minimum benefit package and copayments

19  and deductibles contained in sub-subparagraphs 2.a. and b.;

20         d.  Is willing to participate in the state group

21  insurance program at a cost of premiums that is not greater

22  than 95 percent of the cost of HMO premiums accepted by the

23  department in each service area; and

24         e.  Meets the minimum surplus requirements of s.

25  641.225.

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27  The department is authorized to contract with HMOs that meet

28  the requirements of sub-subparagraphs a.-d. prior to the open

29  enrollment period for state employees.  The department is not

30  required to renew the contract with the HMOs as set forth in

31  this paragraph more than twice. Thereafter, the HMOs shall be


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    SB 1428                                  First Engrossed (ntc)



  1  eligible to participate in the state group insurance program

  2  only through the request for proposal process described in

  3  subparagraph 2.

  4         5.  All enrollees in the state group health insurance

  5  plan or any health maintenance organization plan shall have

  6  the option of changing to any other health plan which is

  7  offered by the state within any open enrollment period

  8  designated by the department. Open enrollment shall be held at

  9  least once each calendar year.

10         6.  When a contract between a treating provider and the

11  state-contracted health maintenance organization is terminated

12  for any reason other than for cause, each party shall allow

13  any enrollee for whom treatment was active to continue

14  coverage and care when medically necessary, through completion

15  of treatment of a condition for which the enrollee was

16  receiving care at the time of the termination, until the

17  enrollee selects another treating provider, or until the next

18  open enrollment period offered, whichever is longer, but no

19  longer than 6 months after termination of the contract. Each

20  party to the terminated contract shall allow an enrollee who

21  has initiated a course of prenatal care, regardless of the

22  trimester in which care was initiated, to continue care and

23  coverage until completion of postpartum care. This does not

24  prevent a provider from refusing to continue to provide care

25  to an enrollee who is abusive, noncompliant, or in arrears in

26  payments for services provided. For care continued under this

27  subparagraph, the program and the provider shall continue to

28  be bound by the terms of the terminated contract. Changes made

29  within 30 days before termination of a contract are effective

30  only if agreed to by both parties.

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    SB 1428                                  First Engrossed (ntc)



  1         7.  Any HMO participating in the state group insurance

  2  program shall submit health care utilization and cost data to

  3  the department, in such form and in such manner as the

  4  department shall require, as a condition of participating in

  5  the program.  The department shall enter into negotiations

  6  with its contracting HMOs to determine the nature and scope of

  7  the data submission and the final requirements, format,

  8  penalties associated with noncompliance, and timetables for

  9  submission.  These determinations shall be adopted by rule.

10         8.  The department may establish and direct, with

11  respect to collective bargaining issues, a comprehensive

12  package of insurance benefits that may include supplemental

13  health and life coverage, dental care, long-term care, vision

14  care, and other benefits it determines necessary to enable

15  state employees to select from among benefit options that best

16  suit their individual and family needs.

17         a.  Based upon a desired benefit package, the

18  department shall issue a request for proposal for health

19  insurance providers interested in participating in the state

20  group insurance program, and the department shall issue a

21  request for proposal for insurance providers interested in

22  participating in the non-health-related components of the

23  state group insurance program. Upon receipt of all proposals,

24  the department may enter into contract negotiations with

25  insurance providers submitting bids or negotiate a specially

26  designed benefit package. Insurance providers offering or

27  providing supplemental coverage as of May 30, 1991, which

28  qualify for pretax benefit treatment pursuant to s. 125 of the

29  Internal Revenue Code of 1986, with 5,500 or more state

30  employees currently enrolled may be included by the department

31  in the supplemental insurance benefit plan established by the


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    SB 1428                                  First Engrossed (ntc)



  1  department without participating in a request for proposal,

  2  submitting bids, negotiating contracts, or negotiating a

  3  specially designed benefit package. These contracts shall

  4  provide state employees with the most cost-effective and

  5  comprehensive coverage available; however, no state or agency

  6  funds shall be contributed toward the cost of any part of the

  7  premium of such supplemental benefit plans. With respect to

  8  dental coverage, the division shall include in any

  9  solicitation or contract for any state group dental program

10  made after July 1, 2001, a comprehensive indemnity dental plan

11  option which offers enrollees a completely unrestricted choice

12  of dentists. If a dental plan is endorsed, or in some manner

13  recognized as the preferred product, such plan shall include a

14  comprehensive indemnity dental plan option which provides

15  enrollees with a completely unrestricted choice of dentists.

16         b.  Pursuant to the applicable provisions of s.

17  110.161, and s. 125 of the Internal Revenue Code of 1986, the

18  department shall enroll in the pretax benefit program those

19  state employees who voluntarily elect coverage in any of the

20  supplemental insurance benefit plans as provided by

21  sub-subparagraph a.

22         c.  Nothing herein contained shall be construed to

23  prohibit insurance providers from continuing to provide or

24  offer supplemental benefit coverage to state employees as

25  provided under existing agency plans.

26         (i)(h)  The benefits of the insurance authorized by

27  this section shall not be in lieu of any benefits payable

28  under chapter 440, the Workers' Compensation Law.  The

29  insurance authorized by this law shall not be deemed to

30  constitute insurance to secure workers' compensation benefits

31  as required by chapter 440.


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    SB 1428                                  First Engrossed (ntc)



  1         Section 2.  Subsection (3) is added to section 287.022,

  2  Florida Statutes, to read:

  3         287.022  Purchase of insurance.--

  4         (1)  Insurance, while not a commodity, nevertheless

  5  shall be purchased for all agencies by the department, except

  6  that agencies may purchase title insurance for land

  7  acquisition and may make emergency purchases of insurance

  8  pursuant to s. 287.057(3)(a). The procedures for purchasing

  9  insurance, whether the purchase is made by the department or

10  by the agencies, shall be the same as those set forth herein

11  for the purchase of commodities.

12         (2)  When an insurer or agent pays a commission or any

13  portion thereof to any person, on insurance purchased under

14  this part, such payment shall be reported to the department in

15  writing and under oath within 30 days thereafter.  Any failure

16  to report as required herein shall subject the insurer or

17  agent to the penalties provided in s. 624.15.

18         (3)  The Department of Management Services and the

19  Division of State Group Insurance shall not prohibit or limit

20  any properly licensed insurer, health maintenance

21  organization, prepaid limited health services organization, or

22  insurance agent from competing for any insurance product or

23  plan purchased, provided, or endorsed by the department or the

24  division on the basis of the compensation arrangement used by

25  the insurer or organization for its agents.

26         Section 3.  This act shall take effect upon becoming a

27  law.

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