Senate Bill sb1568er
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2001 Legislature CS for SB 1568
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2 An act relating to health care service
3 programs; amending s. 641.51, F.S.; requiring
4 that only certain physicians licensed in this
5 state may render adverse determinations for
6 health maintenance organizations and prepaid
7 health clinics; clarifying the authority of the
8 Board of Medicine and the Board of Osteopathic
9 Medicine; providing an effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Subsection (4) of section 641.51, Florida
14 Statutes, is amended to read:
15 641.51 Quality assurance program; second medical
16 opinion requirement.--
17 (4) The organization shall ensure that only a
18 physician holding an active, unencumbered license issued
19 licensed under chapter 458 or chapter 459, or an allopathic or
20 osteopathic physician with an active, unencumbered license in
21 another state with similar licensing requirements may render
22 an adverse determination regarding a service provided by a
23 physician licensed in this state. The organization shall
24 submit to the treating provider and the subscriber written
25 notification regarding the organization's adverse
26 determination within 2 working days after the subscriber or
27 provider is notified of the adverse determination. The written
28 notification must include the utilization review criteria or
29 benefits provisions used in the adverse determination,
30 identify the physician who rendered the adverse determination,
31 and be signed by an authorized representative of the
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ENROLLED
2001 Legislature CS for SB 1568
1 organization or the physician who rendered the adverse
2 determination. The organization must include with the
3 notification of an adverse determination information
4 concerning the appeal process for adverse determinations. This
5 subsection does not create authority for the Board of Medicine
6 or the Board of Osteopathic Medicine to regulate the
7 organization; however, the Board of Medicine and the Board of
8 Osteopathic Medicine each continue to have jurisdiction over
9 its licensees.
10 Section 2. This act shall take effect January 1, 2002.
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