CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

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10  ______________________________________________________________

11  Senator Latvala moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Health flex plans.--

18         (1)  INTENT.--The Legislature finds that a significant

19  proportion of the residents of this state are unable to obtain

20  affordable health insurance coverage. Therefore, it is the

21  intent of the Legislature to expand the availability of health

22  care options for low-income uninsured state residents by

23  encouraging health insurers, health maintenance organizations,

24  health-care-provider-sponsored organizations, local

25  governments, health care districts, or other public or private

26  community-based organizations to develop alternative

27  approaches to traditional health insurance which emphasize

28  coverage for basic and preventive health care services. To the

29  maximum extent possible, these options should be coordinated

30  with existing governmental or community-based health services

31  programs in a manner that is consistent with the objectives

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  and requirements of such programs.

  2         (2)  DEFINITIONS.--As used in this section, the term:

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

  4  Administration.

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

  6         (c)  "Enrollee" means an individual who has been

  7  determined to be eligible for and is receiving health care

  8  coverage under a health flex plan approved under this section.

  9         (d)  "Health care coverage" or "health flex plan

10  coverage" means health care services that are covered as

11  benefits under an approved health flex plan or that are

12  otherwise provided, either directly or through arrangements

13  with other persons, via a health flex plan on a prepaid

14  per-capita basis or on a prepaid aggregate fixed-sum basis.

15         (e)  "Health flex plan" means a health plan approved

16  under subsection (3) which guarantees payment for specified

17  health care coverage provided to the enrollee.

18         (f)  "Health flex plan entity" means a health insurer,

19  health maintenance organization, health care

20  provider-sponsored organization, local government, health care

21  district, or other public or private community-based

22  organization that develops and implements an approved health

23  flex plan and is responsible for administering the health flex

24  plan and paying all claims for health flex plan coverage by

25  enrollees of the health flex plan.

26         (3)  PILOT PROGRAM.--The agency and the department

27  shall each approve or disapprove health flex plans that

28  provide health care coverage for eligible participants who

29  reside in the three areas of the state that have the highest

30  number of uninsured persons, as identified in the Florida

31  Health Insurance Study conducted by the agency and in Indian

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  River County. A health flex plan may limit or exclude benefits

  2  otherwise required by law for insurers offering coverage in

  3  this state, may cap the total amount of claims paid per year

  4  per enrollee, may limit the number of enrollees, or may take

  5  any combination of those actions.

  6         (a)  The agency shall develop guidelines for the review

  7  of applications for health flex plans and shall disapprove or

  8  withdraw approval of plans that do not meet or no longer meet

  9  minimum standards for quality of care and access to care.

10         (b)  The department shall develop guidelines for the

11  review of health flex plan applications and shall disapprove

12  or shall withdraw approval of plans that:

13         1.  Contain any ambiguous, inconsistent, or misleading

14  provisions or any exceptions or conditions that deceptively

15  affect or limit the benefits purported to be assumed in the

16  general coverage provided by the health flex plan;

17         2.  Provide benefits that are unreasonable in relation

18  to the premium charged or contain provisions that are unfair

19  or inequitable or contrary to the public policy of this state,

20  that encourage misrepresentation, or that result in unfair

21  discrimination in sales practices; or

22         3.  Cannot demonstrate that the health flex plan is

23  financially sound and that the applicant is able to underwrite

24  or finance the health care coverage provided.

25         (c)  The agency and the department may adopt rules as

26  needed to administer this section.

27         (4)  LICENSE NOT REQUIRED.--Neither the licensing

28  requirements of the Florida Insurance Code nor chapter 641,

29  Florida Statutes, relating to health maintenance

30  organizations, is applicable to a health flex plan approved

31  under this section, unless expressly made applicable. However,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  for the purpose of prohibiting unfair trade practices, health

  2  flex plans are considered to be insurance subject to the

  3  applicable provisions of part IX of chapter 626, Florida

  4  Statutes, except as otherwise provided in this section.

  5         (5)  ELIGIBILITY.--Eligibility to enroll in an approved

  6  health flex plan is limited to residents of this state who:

  7         (a)  Are 64 years of age or younger;

  8         (b)  Have a family income equal to or less than 200

  9  percent of the federal poverty level;

10         (c)  Are not covered by a private insurance policy and

11  are not eligible for coverage through a public health

12  insurance program, such as Medicare or Medicaid, or another

13  public health care program, such as KidCare, and have not been

14  covered at any time during the past 6 months; and

15         (d)  Have applied for health care coverage through an

16  approved health flex plan and have agreed to make any payments

17  required for participation, including periodic payments or

18  payments due at the time health care services are provided.

19         (6)  RECORDS.--Each health flex plan shall maintain

20  enrollment data and reasonable records of its losses,

21  expenses, and claims experience and shall make those records

22  reasonably available to enable the department to monitor and

23  determine the financial viability of the health flex plan, as

24  necessary. Provider networks and total enrollment by area

25  shall be reported to the agency biannually to enable the

26  agency to monitor access to care.

27         (7)  NOTICE.--The denial of coverage by a health flex

28  plan, or the nonrenewal or cancellation of coverage, must be

29  accompanied by the specific reasons for denial, nonrenewal, or

30  cancellation. Notice of nonrenewal or cancellation must be

31  provided at least 45 days in advance of the nonrenewal or

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  cancellation, except that 10 days' written notice must be

  2  given for cancellation due to nonpayment of premiums. If the

  3  health flex plan fails to give the required notice, the health

  4  flex plan coverage must remain in effect until notice is

  5  appropriately given.

  6         (8)  NONENTITLEMENT.--Coverage under an approved health

  7  flex plan is not an entitlement, and a cause of action does

  8  not arise against the state, a local government entity, or any

  9  other political subdivision of this state, or against the

10  agency, for failure to make coverage available to eligible

11  persons under this section.

12         (9)  PROGRAM EVALUATION.--The agency and the department

13  shall evaluate the pilot program and its effect on the

14  entities that seek approval as health flex plans, on the

15  number of enrollees, and on the scope of the health care

16  coverage offered under a health flex plan; shall provide an

17  assessment of the health flex plans and their potential

18  applicability in other settings; and shall, by January 1,

19  2004, jointly submit a report to the Governor, the President

20  of the Senate, and the Speaker of the House of

21  Representatives.

22         (10)  EXPIRATION.--This section expires July 1, 2004.

23         Section 2.  Section 408.7057, Florida Statutes, is

24  amended to read:

25         408.7057  Statewide provider and health plan managed

26  care organization claim dispute resolution program.--

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

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

29  Administration.

30         (b)(a)  "Health plan Managed care organization" means a

31  health maintenance organization or a prepaid health clinic

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  certified under chapter 641, a prepaid health plan authorized

  2  under s. 409.912, or an exclusive provider organization

  3  certified under s. 627.6472, or a major medical expense health

  4  insurance policy as defined in s. 627.643(2)(e) offered by a

  5  group or an individual health insurer licensed pursuant to

  6  chapter 624, including a preferred provider organization under

  7  s. 627.6471.

  8         (c)(b)  "Resolution organization" means a qualified

  9  independent third-party claim-dispute-resolution entity

10  selected by and contracted with the Agency for Health Care

11  Administration.

12         (2)(a)  The agency for Health Care Administration shall

13  establish a program by January 1, 2001, to provide assistance

14  to contracted and noncontracted providers and health plans

15  managed care organizations for resolution of claim disputes

16  that are not resolved by the provider and the health plan

17  managed care organization. The agency shall contract with a

18  resolution organization to timely review and consider claim

19  disputes submitted by providers and health plans managed care

20  organizations and recommend to the agency an appropriate

21  resolution of those disputes. The agency shall establish by

22  rule jurisdictional amounts and methods of aggregation for

23  claim disputes that may be considered by the resolution

24  organization.

25         (b)  The resolution organization shall review claim

26  disputes filed by contracted and noncontracted providers and

27  health plans managed care organizations unless the disputed

28  claim:

29         1.  Is related to interest payment;

30         2.  Does not meet the jurisdictional amounts or the

31  methods of aggregation established by agency rule, as provided

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  in paragraph (a);

  2         3.  Is part of an internal grievance in a Medicare

  3  managed care organization or a reconsideration appeal through

  4  the Medicare appeals process;

  5         4.  Is related to a health plan that is not regulated

  6  by the state;

  7         5.  Is part of a Medicaid fair hearing pursued under 42

  8  C.F.R. ss. 431.220 et seq.;

  9         6.  Is the basis for an action pending in state or

10  federal court; or

11         7.  Is subject to a binding claim-dispute-resolution

12  process provided by contract entered into prior to October 1,

13  2000, between the provider and the managed care organization.

14         (c)  Contracts entered into or renewed on or after

15  October 1, 2000, may require exhaustion of an internal

16  dispute-resolution process as a prerequisite to the submission

17  of a claim by a provider or a health plan maintenance

18  organization to the resolution organization when the

19  dispute-resolution program becomes effective.

20         (d)  A contracted or noncontracted provider or health

21  maintenance organization may not file a claim dispute with the

22  resolution organization more than 12 months after a final

23  determination has been made on a claim by a health maintenance

24  organization.

25         (e)  The resolution organization shall require the

26  health plan or provider submitting the claim dispute to submit

27  any supporting documentation to the resolution organization

28  within 15 days after receipt by the health plan or provider of

29  a request from the resolution organization for documentation

30  in support of the claim dispute. The resolution organization

31  may extend the time if appropriate. Failure to submit the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  supporting documentation within such time period shall result

  2  in the dismissal of the submitted claim dispute.

  3         (f)  The resolution organization shall require the

  4  respondent in the claim dispute to submit all documentation in

  5  support of its position within 15 days after receiving a

  6  request from the resolution organization for supporting

  7  documentation. The resolution organization may extend the time

  8  if appropriate. Failure to submit the supporting documentation

  9  within such time period shall result in a default against the

10  health plan or provider. In the event of such a default, the

11  resolution organization shall issue its written recommendation

12  to the agency that a default be entered against the defaulting

13  entity. The written recommendation shall include a

14  recommendation to the agency that the defaulting entity shall

15  pay the entity submitting the claim dispute the full amount of

16  the claim dispute, plus all accrued interest, and shall be

17  considered a nonprevailing party for the purposes of this

18  section.

19         (g)1.  If on an ongoing basis during the preceding 12

20  months, the agency has reason to believe that a pattern of

21  noncompliance with ss. 627.6131 and 641.3155 exists on the

22  part of a particular health plan or provider, the agency shall

23  evaluate the information contained in these cases to determine

24  whether the information evidences a pattern and report its

25  findings, together with substantiating evidence, to the

26  appropriate licensure or certification entity for the health

27  plan or provider.

28         2.  In addition, the agency shall prepare an annual

29  report to the Governor and the Legislature by February 1 of

30  each year, enumerating the claims dismissed, the defaults

31  issued, and the failures to comply with agency final orders

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  issued under this section.

  2         (3)  The agency shall adopt rules to establish a

  3  process to be used by the resolution organization in

  4  considering claim disputes submitted by a provider or health

  5  plan managed care organization which must include the issuance

  6  by the resolution organization of a written recommendation,

  7  supported by findings of fact, to the agency within 60 days

  8  after the requested information is received by the resolution

  9  organization within the timeframes specified by the resolution

10  organization. In no event shall the review time exceed 90 days

11  following receipt of the initial claim dispute submission by

12  the resolution organization receipt of the claim dispute

13  submission.

14         (4)  Within 30 days after receipt of the recommendation

15  of the resolution organization, the agency shall adopt the

16  recommendation as a final order.

17         (5)  The agency shall notify within 7 days the

18  appropriate licensure or certification entity whenever there

19  is a violation of a final order issued by the agency pursuant

20  to this section.

21         (6)(5)  The entity that does not prevail in the

22  agency's order must pay a review cost to the review

23  organization, as determined by agency rule. Such rule must

24  provide for an apportionment of the review fee in any case in

25  which both parties prevail in part. If the nonprevailing party

26  fails to pay the ordered review cost within 35 days after the

27  agency's order, the nonpaying party is subject to a penalty of

28  not more than $500 per day until the penalty is paid.

29         (7)(6)  The agency for Health Care Administration may

30  adopt rules to administer this section.

31         Section 3.  Effective July 1, 2002, paragraph (o) of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  subsection (3) of section 456.053, Florida Statutes, is

  2  amended to read:

  3         456.053  Financial arrangements between referring

  4  health care providers and providers of health care services.--

  5         (3)  DEFINITIONS.--For the purpose of this section, the

  6  word, phrase, or term:

  7         (o)  "Referral" means any referral of a patient by a

  8  health care provider for health care services, including,

  9  without limitation:

10         1.  The forwarding of a patient by a health care

11  provider to another health care provider or to an entity which

12  provides or supplies designated health services or any other

13  health care item or service; or

14         2.  The request or establishment of a plan of care by a

15  health care provider, which includes the provision of

16  designated health services or other health care item or

17  service.

18         3.  The following orders, recommendations, or plans of

19  care shall not constitute a referral by a health care

20  provider:

21         a.  By a radiologist for diagnostic-imaging services.

22         b.  By a physician specializing in the provision of

23  radiation therapy services for such services.

24         c.  By a medical oncologist for drugs and solutions to

25  be prepared and administered intravenously to such

26  oncologist's patient, as well as for the supplies and

27  equipment used in connection therewith to treat such patient

28  for cancer and the complications thereof.

29         d.  By a cardiologist for cardiac catheterization

30  services.

31         e.  By a pathologist for diagnostic clinical laboratory

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  tests and pathological examination services, if furnished by

  2  or under the supervision of such pathologist pursuant to a

  3  consultation requested by another physician.

  4         f.  By a health care provider who is the sole provider

  5  or member of a group practice for designated health services

  6  or other health care items or services that are prescribed or

  7  provided solely for such referring health care provider's or

  8  group practice's own patients, and that are provided or

  9  performed by or under the direct supervision of such referring

10  health care provider or group practice; provided, however,

11  that effective July 1, 1999, a physician licensed pursuant to

12  chapter 458, chapter 459, chapter 460, or chapter 461 may

13  refer a patient to a sole provider or group practice for

14  diagnostic imaging services, excluding radiation therapy

15  services, for which the sole provider or group practice billed

16  both the technical and the professional fee for or on behalf

17  of the patient, if the referring physician has no investment

18  interest in the practice. The diagnostic imaging service

19  referred to a group practice or sole provider must be a

20  diagnostic imaging service normally provided within the scope

21  of practice to the patients of the group practice or sole

22  provider. The group practice or sole provider may accept no

23  more that 15 percent of their patients receiving diagnostic

24  imaging services from outside referrals, excluding radiation

25  therapy services.

26         g.  By a health care provider for services provided by

27  an ambulatory surgical center licensed under chapter 395.

28         h.  By a health care provider for diagnostic clinical

29  laboratory services where such services are directly related

30  to renal dialysis.

31         h.i.  By a urologist for lithotripsy services.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1         i.j.  By a dentist for dental services performed by an

  2  employee of or health care provider who is an independent

  3  contractor with the dentist or group practice of which the

  4  dentist is a member.

  5         j.k.  By a physician for infusion therapy services to a

  6  patient of that physician or a member of that physician's

  7  group practice.

  8         k.l.  By a nephrologist for renal dialysis services and

  9  supplies, except laboratory services.

10         l.  By a health care provider whose principal

11  professional practice consists of treating patients in their

12  private residences for services to be rendered in such private

13  residences. For purposes of this sub-subparagraph, the term

14  "private residences" includes patient's private homes,

15  independent living centers, and assisted living facilities,

16  but does not include skilled nursing facilities.

17         Section 4.  Subsection (1) of section 626.88, Florida

18  Statutes, is amended to read:

19         626.88  Definitions of "administrator" and "insurer".--

20         (1)  For the purposes of this part, an "administrator"

21  is any person who directly or indirectly solicits or effects

22  coverage of, collects charges or premiums from, or adjusts or

23  settles claims on residents of this state in connection with

24  authorized commercial self-insurance funds or with insured or

25  self-insured programs which provide life or health insurance

26  coverage or coverage of any other expenses described in s.

27  624.33(1) or any person who, through a health care risk

28  contract as defined in s. 641.234 with an insurer or health

29  maintenance organization, provides billing and collection

30  services to health insurers and health maintenance

31  organizations on behalf of health care providers, other than

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  any of the following persons:

  2         (a)  An employer on behalf of such employer's employees

  3  or the employees of one or more subsidiary or affiliated

  4  corporations of such employer.

  5         (b)  A union on behalf of its members.

  6         (c)  An insurance company which is either authorized to

  7  transact insurance in this state or is acting as an insurer

  8  with respect to a policy lawfully issued and delivered by such

  9  company in and pursuant to the laws of a state in which the

10  insurer was authorized to transact an insurance business.

11         (d)  A health care services plan, health maintenance

12  organization, professional service plan corporation, or person

13  in the business of providing continuing care, possessing a

14  valid certificate of authority issued by the department, and

15  the sales representatives thereof, if the activities of such

16  entity are limited to the activities permitted under the

17  certificate of authority.

18         (e)  An insurance agent licensed in this state whose

19  activities are limited exclusively to the sale of insurance.

20         (f)  An adjuster licensed in this state whose

21  activities are limited to the adjustment of claims.

22         (g)  A creditor on behalf of such creditor's debtors

23  with respect to insurance covering a debt between the creditor

24  and its debtors.

25         (h)  A trust and its trustees, agents, and employees

26  acting pursuant to such trust established in conformity with

27  29 U.S.C. s. 186.

28         (i)  A trust exempt from taxation under s. 501(a) of

29  the Internal Revenue Code, a trust satisfying the requirements

30  of ss. 624.438 and 624.439, or any governmental trust as

31  defined in s. 624.33(3), and the trustees and employees acting

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  pursuant to such trust, or a custodian and its agents and

  2  employees, including individuals representing the trustees in

  3  overseeing the activities of a service company or

  4  administrator, acting pursuant to a custodial account which

  5  meets the requirements of s. 401(f) of the Internal Revenue

  6  Code.

  7         (j)  A financial institution which is subject to

  8  supervision or examination by federal or state authorities or

  9  a mortgage lender licensed under chapter 494 who collects and

10  remits premiums to licensed insurance agents or authorized

11  insurers concurrently or in connection with mortgage loan

12  payments.

13         (k)  A credit card issuing company which advances for

14  and collects premiums or charges from its credit card holders

15  who have authorized such collection if such company does not

16  adjust or settle claims.

17         (l)  A person who adjusts or settles claims in the

18  normal course of such person's practice or employment as an

19  attorney at law and who does not collect charges or premiums

20  in connection with life or health insurance coverage.

21         (m)  A person approved by the Division of Workers'

22  Compensation of the Department of Labor and Employment

23  Security who administers only self-insured workers'

24  compensation plans.

25         (n)  A service company or service agent and its

26  employees, authorized in accordance with ss. 626.895-626.899,

27  serving only a single employer plan, multiple-employer welfare

28  arrangements, or a combination thereof.

29         (o)  Any provider or group practice, as defined in s.

30  456.053, providing services under the scope of the license of

31  the provider or the member of the group practice.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1

  2  A person who provides billing and collection services to

  3  health insurers and health maintenance organizations on behalf

  4  of health care providers shall comply with the provisions of

  5  ss. 627.6131, 641.3155, and 641.51(4).

  6         Section 5.  Paragraph (a) of subsection (6) of section

  7  627.410, Florida Statutes, is amended, paragraphs (f) and (g)

  8  are added to subsection (6) of that section, and paragraph (f)

  9  is added to subsection (7) of that section, to read:

10         627.410  Filing, approval of forms.--

11         (6)(a)  An insurer shall not deliver or issue for

12  delivery or renew in this state any health insurance policy

13  form until it has filed with the department a copy of every

14  applicable rating manual, rating schedule, change in rating

15  manual, and change in rating schedule; if rating manuals and

16  rating schedules are not applicable, the insurer must file

17  with the department applicable premium rates and any change in

18  applicable premium rates. This paragraph does not apply to

19  group health insurance policies, effectuated and delivered in

20  this state, insuring groups of 51 or more persons, except for

21  Medicare supplement insurance, long-term care insurance, and

22  any coverage under which the increase in claim costs over the

23  lifetime of the contract due to advancing age or duration is

24  prefunded in the premium.

25         (f)  Notwithstanding the requirements of subsection

26  (2), an insurer that files changes in rates, rating manuals,

27  or rating schedules with the department for individual health

28  policies as described in s. 627.6561(5)(a)2., but excluding

29  Medicare supplement policies, according to this paragraph may

30  begin providing required notice to policyholders and charging

31  corresponding adjusted rates in accordance with s. 627.6043,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  upon filing, if the insurer certifies that it has met the

  2  criteria of subparagraphs 1., 2., and 3. Filings submitted

  3  under this paragraph must contain the same information and

  4  demonstrations and must meet the same requirements as rate

  5  filings submitted for approval under this section, including

  6  the requirements of s. 627.411, except as indicated in this

  7  paragraph.

  8         1.  The insurer must have complied with annual

  9  rate-filing requirements then in effect pursuant to subsection

10  (7) since October 1, 2002, or for the previous 2 years,

11  whichever is less, and must have filed and implemented

12  actuarially justifiable rate adjustments at least annually

13  during this period. This subparagraph does not prevent an

14  insurer from filing rate adjustments more often than annually.

15         2.  The insurer must have pooled experience for

16  applicable individual health policy forms in accordance with

17  the requirements of subparagraph (6)(e)3. Rate changes used on

18  a form must not vary by the experience of that form or the

19  health status of covered individuals on that form but must be

20  based on the experience of all forms, including rating

21  characteristics as defined in this paragraph.

22         3.  Rates for the policy form are anticipated to meet a

23  minimum loss ratio of 65 percent over the expected life of the

24  form.

25

26  Rates for all individual health policy forms issued on or

27  after October 1, 2002, must be based upon the same factors for

28  each rating characteristic. As used in this paragraph, the

29  term "rating characteristics" means demographic

30  characteristics of individuals, including, but not limited to,

31  geographic area factors, benefit design, smoking status, and

                                  16
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    Bill No. CS for CS for SB's 1286, 1134 & 1008

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  1  health status at issue.

  2         (g)  After filing a change of rates for an individual

  3  health policy under paragraph (f), an insurer may be required

  4  to furnish additional information to demonstrate compliance

  5  with this section and s. 627.411. If the department finds that

  6  the adjusted rates are not reasonable in relation to premiums

  7  charged under the standards of this section and s. 627.411,

  8  the department may order appropriate corrective action.

  9         (7)

10         (f)  Insurers with fewer than 1,000 nationwide

11  policyholders or insured group members or subscribers covered

12  under any form or pooled group of forms with health insurance

13  coverage, as described in s. 627.6561(5)(a)2., excluding

14  Medicare supplement insurance coverage under part VIII, at the

15  time of a rate filing made under subparagraph (b)1., may file

16  for an annual rate increase limited to medical trend as

17  adopted by the department under s. 627.411(4). The filing is

18  in lieu of the actuarial memorandum required for a rate filing

19  prescribed by paragraph (b). The filing must include forms

20  adopted by the department and a certification by an officer of

21  the company that the filing includes all similar forms.

22         Section 6.  Paragraph (e) of subsection (1) of section

23  627.411, Florida Statutes, is amended, and subsections (3),

24  (4), and (5) are added to that section, to read:

25         627.411  Grounds for disapproval.--

26         (1)  The department shall disapprove any form filed

27  under s. 627.410, or withdraw any previous approval thereof,

28  only if the form:

29         (e)  Is for health insurance, and:

30         1.  Provides benefits that which are unreasonable in

31  relation to the premium charged based on the original filed

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  and approved loss ratio for the form and rules adopted by the

  2  department under s. 627.410(6)(b);,

  3         2.  Contains provisions that which are unfair or

  4  inequitable or contrary to the public policy of this state or

  5  that which encourage misrepresentation;, or

  6         3.  Contains provisions that which apply rating

  7  practices that which result in premium escalations that are

  8  not viable for the policyholder market or result in unfair

  9  discrimination under s. 626.9541(1)(g)2.; or in sales

10  practices.

11         4.  Results in actuarially justified annual rate

12  increases:

13         a.  Which includes a reduction by the insurer of its

14  loss ratio that affects the rate by more than the greater of

15  50 percent of trend or 5 percent. At its option, the insurer

16  may file for approval of the actuarially justified rate

17  schedule for new insureds and a rate increase for existing

18  insureds where the increase due to the loss ratio reduction is

19  limited to the greater of 50 percent of medical trend or 5

20  percent. Future annual rate increases for existing insureds

21  must be limited to the greater of 150 percent of the rate

22  increase approved for new insureds or 10 percent until the two

23  rate schedules converge;

24         b.  In excess of the greater of 150 percent of annual

25  medical trend or 10 percent and the company did not comply

26  with the annual filing requirements of s. 627.410(7) or

27  department rule for health maintenance organizations pursuant

28  to s. 641.31. At its option, the insurer may file for approval

29  of an actuarially justified new business rate schedule for new

30  insureds and a rate increase for existing insureds which is

31  equal to the rate increase otherwise allowed by this

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    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  sub-subparagraph. Future annual rate increases for existing

  2  insureds are limited to the greater of 150 percent of the rate

  3  increase approved for new insureds or 10 percent until the two

  4  rate schedules converge; or

  5         c.  In excess of the greater of 150 percent of annual

  6  medical trend or 10 percent on a form or block of pooled forms

  7  in which no form is currently available for sale. This

  8  sub-subparagraph does not apply to prestandardized Medicare

  9  supplement forms.

10         (3)  If a health insurance rate filing changes the

11  established rate relationships between insureds, the aggregate

12  effect of such a change must be revenue-neutral. The change to

13  the new relationship must be phased-in over a period approved

14  by the department. The department may not require the phase-in

15  period to exceed 3 years in duration. The rate filing may also

16  include increases based on overall experience or annual

17  medical trend, or both, which portions are not to be phased-in

18  pursuant to this subsection.

19         (4)  Individual health insurance policies that are

20  subject to renewability requirements of s. 627.6425 are

21  guaranteed renewable for purposes of establishing loss ratio

22  standards and must comply with the same loss ratio standards

23  as other guaranteed renewable forms.

24         (5)  In determining medical trend for application of

25  subparagraph (1)(e)4., the department shall semiannually

26  determine medical trend for each health care market, using

27  reasonable actuarial techniques and standards. The trend must

28  be adopted by the department by rule and determined as

29  follows:

30         (a)  Trend must be determined separately for medical

31  expense, preferred provider organization, Medicare supplement,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  health maintenance organization, and other coverage for

  2  individual, small group, and large group, where applicable.

  3         (b)  The department shall survey insurers and health

  4  maintenance organizations currently issuing products and

  5  representing at least an 80-percent market share based on

  6  premiums earned in the state for the most recent calendar year

  7  for each of the categories specified in paragraph (a).

  8         (c)  Trend must be computed as the average annual

  9  medical trend approved for the carriers surveyed, giving

10  appropriate weight to each carrier's statewide market share of

11  earned premiums.

12         (d)  The annual trend is the annual change in claims

13  cost per unit of exposure. Trend includes the combined effect

14  of medical provider price changes, changes in utilization, new

15  medical procedures, and technology and cost shifting.

16         Section 7.  Section 627.6131, Florida Statutes, is

17  created to read:

18         627.6131  Payment of claims.--

19         (1)  The contract shall include the following

20  provision:

21

22         "Time of Payment of Claims: After receiving

23         written proof of loss, the insurer will pay

24         monthly all benefits then due for ...(type of

25         benefit).... Benefits for any other loss

26         covered by this policy will be paid as soon as

27         the insurer receives proper written proof."

28

29         (2)  As used in this section, the term "claim" for a

30  noninstitutional provider means a paper or electronic billing

31  instrument submitted to the insurer's designated location that

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  consists of the HCFA 1500 data set, or its successor, that has

  2  all mandatory entries for a physician licensed under chapter

  3  458, chapter 459, chapter 460, chapter 461, or chapter 463; a

  4  psychologist licensed under chapter 490; or any appropriate

  5  billing instrument that has all mandatory entries for any

  6  other noninstitutional provider. For institutional providers,

  7  "claim" means a paper or electronic billing instrument

  8  submitted to the insurer's designated location that consists

  9  of the UB-92 data set or its successor, with entries stated as

10  mandatory by the National Uniform Billing Committee.

11         (3)  All claims for payment, whether electronic or

12  nonelectronic:

13         (a)  Are considered received on the date the claim is

14  received by the insurer at its designated claims receipt

15  location.

16         (b)  Must be mailed or electronically transferred to an

17  insurer within 6 months after completion of the service and

18  the provider is furnished with the correct name and address of

19  the patient's health insurer. If a provider's claim is

20  submitted electronically, it is considered made on the date it

21  is electronically transferred.

22         (c)  Must not duplicate a claim previously submitted

23  unless it is determined that the original claim was not

24  received or is otherwise lost.

25         (4)  For all electronically submitted claims, a health

26  insurer shall:

27         (a)  Within 24 hours after the beginning of the next

28  business day after receipt of the claim, provide electronic

29  acknowledgment of the receipt of the claim to the electronic

30  source submitting the claim.

31         (b)  Within 20 days after receipt of the claim, pay the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  claim or notify a provider or designee if a claim is denied or

  2  contested.  Notice of the insurer's action on the claim and

  3  payment of the claim is considered to be made on the date the

  4  notice or payment was mailed or electronically transferred.

  5         (c)1.  Notification of the health insurer's

  6  determination of a contested claim must be accompanied by an

  7  itemized list of additional information or documents the

  8  insurer can reasonably determine are necessary to process the

  9  claim.

10         2.  A provider must submit the additional information

11  or documentation, as specified on the itemized list, within 35

12  days after receipt of the notification. Failure of a provider

13  to submit by mail or electronically the additional information

14  or documentation requested within 35 days after receipt of the

15  notification may result in denial of the claim.

16         3.  A health insurer may not make more than one request

17  for documents under this paragraph in connection with a claim,

18  unless the provider fails to submit all of the requested

19  documents to process the claim or if documents submitted by

20  the provider raise new additional issues not included in the

21  original written itemization, in which case the health insurer

22  may provide the provider with one additional opportunity to

23  submit the additional documents needed to process the claim.

24  In no case may the health insurer request duplicate documents.

25         (d)  For purposes of this subsection, electronic means

26  of transmission of claims, notices, documents, forms, and

27  payments shall be used to the greatest extent possible by the

28  health insurer and the provider.

29         (e)  A claim must be paid or denied within 90 days

30  after receipt of the claim. Failure to pay or deny a claim

31  within 120 days after receipt of the claim creates an

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  uncontestable obligation to pay the claim.

  2         (5)  For all nonelectronically submitted claims, a

  3  health insurer shall:

  4         (a)  Effective November 1, 2003, provide acknowledgment

  5  of receipt of the claim within 15 days after receipt of the

  6  claim to the provider or provide a provider within 15 days

  7  after receipt with electronic access to the status of a

  8  submitted claim.

  9         (b)  Within 40 days after receipt of the claim, pay the

10  claim or notify a provider or designee if a claim is denied or

11  contested.  Notice of the insurer's action on the claim and

12  payment of the claim is considered to be made on the date the

13  notice or payment was mailed or electronically transferred.

14         (c)1.  Notification of the health insurer's

15  determination of a contested claim must be accompanied by an

16  itemized list of additional information or documents the

17  insurer can reasonably determine are necessary to process the

18  claim.

19         2.  A provider must submit the additional information

20  or documentation, as specified on the itemized list, within 35

21  days after receipt of the notification. Failure of a provider

22  to submit by mail or electronically the additional information

23  or documentation requested within 35 days after receipt of the

24  notification may result in denial of the claim.

25         3.  A health insurer may not make more than one request

26  for documents under this paragraph in connection with a claim

27  unless the provider fails to submit all of the requested

28  documents to process the claim or if documents submitted by

29  the provider raise new additional issues not included in the

30  original written itemization, in which case the health insurer

31  may provide the provider with one additional opportunity to

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  submit the additional documents needed to process the claim.

  2  In no case may the health insurer request duplicate documents.

  3         (d)  For purposes of this subsection, electronic means

  4  of transmission of claims, notices, documents, forms, and

  5  payments shall be used to the greatest extent possible by the

  6  health insurer and the provider.

  7         (e)  A claim must be paid or denied within 120 days

  8  after receipt of the claim. Failure to pay or deny a claim

  9  within 140 days after receipt of the claim creates an

10  uncontestable obligation to pay the claim.

11         (6)  If a health insurer determines that it has made an

12  overpayment to a provider for services rendered to an insured,

13  the health insurer must make a claim for such overpayment to

14  the provider's designated location.  A health insurer that

15  makes a claim for overpayment to a provider under this section

16  shall give the provider a written or electronic statement

17  specifying the basis for the retroactive denial or payment

18  adjustment. The insurer must identify the claim or claims, or

19  overpayment claim portion thereof, for which a claim for

20  overpayment is submitted.

21         (a)  If an overpayment determination is the result of

22  retroactive review or audit of coverage decisions or payment

23  levels not related to fraud, a health insurer shall adhere to

24  the following procedures:

25         1.  All claims for overpayment must be submitted to a

26  provider within 30 months after the health insurer's payment

27  of the claim. A provider must pay, deny, or contest the health

28  insurer's claim for overpayment within 40 days after the

29  receipt of the claim. All contested claims for overpayment

30  must be paid or denied within 120 days after receipt of the

31  claim. Failure to pay or deny overpayment and claim within 140

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  days after receipt creates an uncontestable obligation to pay

  2  the claim.

  3         2.  A provider that denies or contests a health

  4  insurer's claim for overpayment or any portion of a claim

  5  shall notify the health insurer, in writing, within 35 days

  6  after the provider receives the claim that the claim for

  7  overpayment is contested or denied. The notice that the claim

  8  for overpayment is denied or contested must identify the

  9  contested portion of the claim and the specific reason for

10  contesting or denying the claim and, if contested, must

11  include a request for additional information. If the health

12  insurer submits additional information, the health insurer

13  must, within 35 days after receipt of the request, mail or

14  electronically transfer the information to the provider. The

15  provider shall pay or deny the claim for overpayment within 45

16  days after receipt of the information. The notice is

17  considered made on the date the notice is mailed or

18  electronically transferred by the provider.

19         3.  Failure of a health insurer to respond to a

20  provider's contesting of claim or request for additional

21  information regarding the claim within 35 days after receipt

22  of such notice may result in denial of the claim.

23         4.  The health insurer may not reduce payment to the

24  provider for other services unless the provider agrees to the

25  reduction in writing or fails to respond to the health

26  insurer's overpayment claim as required by this paragraph.

27         5.  Payment of an overpayment claim is considered made

28  on the date the payment was mailed or electronically

29  transferred.  An overdue payment of a claim bears simple

30  interest at the rate of 12 percent per year.  Interest on an

31  overdue payment for a claim for an overpayment begins to

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  accrue when the claim should have been paid, denied, or

  2  contested.

  3         (b)  A claim for overpayment shall not be permitted

  4  beyond 30 months after the health insurer's payment of a

  5  claim, except that claims for overpayment may be sought beyond

  6  that time from providers convicted of fraud pursuant to s.

  7  817.234.

  8         (7)  Payment of a claim is considered made on the date

  9  the payment was mailed or electronically transferred. An

10  overdue payment of a claim bears simple interest of 12 percent

11  per year. Interest on an overdue payment for a claim or for

12  any portion of a claim begins to accrue when the claim should

13  have been paid, denied, or contested. The interest is payable

14  with the payment of the claim.

15         (8)  For all contracts entered into or renewed on or

16  after October 1, 2002, a health insurer's internal dispute

17  resolution process related to a denied claim not under active

18  review by a mediator, arbitrator, or third-party dispute

19  entity must be finalized within 60 days after the receipt of

20  the provider's request for review or appeal.

21         (9)  A provider or any representative of a provider,

22  regardless of whether the provider is under contract with the

23  health insurer, may not collect or attempt to collect money

24  from, maintain any action at law against, or report to a

25  credit agency an insured for payment of covered services for

26  which the health insurer contested or denied the provider's

27  claim. This prohibition applies during the pendency of any

28  claim for payment made by the provider to the health insurer

29  for payment of the services or internal dispute resolution

30  process to determine whether the health insurer is liable for

31  the services.  For a claim, this pendency applies from the

                                  26
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  date the claim or a portion of the claim is denied to the date

  2  of the completion of the health insurer's internal dispute

  3  resolution process, not to exceed 60 days.

  4         (10)  The provisions of this section may not be waived,

  5  voided, or nullified by contract.

  6         (11)  A health insurer may not retroactively deny a

  7  claim because of insured ineligibility more than 1 year after

  8  the date of payment of the claim.

  9         (12)  A health insurer shall pay a contracted primary

10  care or admitting physician, pursuant to such physician's

11  contract, for providing inpatient services in a contracted

12  hospital to an insured if such services are determined by the

13  health insurer to be medically necessary and covered services

14  under the health insurer's contract with the contract holder.

15         (13)  Upon written notification by an insured, an

16  insurer shall investigate any claim of improper billing by a

17  physician, hospital, or other health care provider. The

18  insurer shall determine if the insured was properly billed for

19  only those procedures and services that the insured actually

20  received. If the insurer determines that the insured has been

21  improperly billed, the insurer shall notify the insured and

22  the provider of its findings and shall reduce the amount of

23  payment to the provider by the amount determined to be

24  improperly billed. If a reduction is made due to such

25  notification by the insured, the insurer shall pay to the

26  insured 20 percent of the amount of the reduction up to $500.

27         (14)  A permissible error ratio of 5 percent is

28  established for insurer's claims payment violations of s.

29  627.6131(4)(a), (b), (c), and (e) and (5)(a), (b), (c), and

30  (e).  If the error ratio of a particular insurer does not

31  exceed the permissible error ratio of 5 percent for an audit

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  period, no fine shall be assessed for the noted claims

  2  violations for the audit period.  The error ratio shall be

  3  determined by dividing the number of claims with violations

  4  found on a statistically valid sample of claims for the audit

  5  period by the total number of claims in the sample.  If the

  6  error ratio exceeds the permissible error ratio of 5 percent,

  7  a fine may be assessed according to s. 624.4211 for those

  8  claims payment violations which exceed the error ratio.

  9  Notwithstanding the provisions of this section, the department

10  may fine a health insurer for claims payment violations of s.

11  627.6131(4)(e) and (5)(e) which create an uncontestable

12  obligation to pay the claim.  The department shall not fine

13  insurers for violations which the department determines were

14  due to circumstances beyond the insurer's control.

15         (15)  This section is applicable only to a major

16  medical expense health insurance policy as defined in s.

17  627.643(2)(e) offered by a group or an individual health

18  insurer licensed pursuant to chapter 624, including a

19  preferred provider policy under s. 627.6471 and an exclusive

20  provider organization under s. 627.6472.

21         (16)  Notwithstanding s. 627.6131(4)(b), where an

22  electronic pharmacy claim is submitted to a pharmacy benefits

23  manager acting on behalf of a health insurer the pharmacy

24  benefits manager shall, within 30 days of receipt of the

25  claim, pay the claim or notify a provider or designee if a

26  claim is denied or contested. Notice of the insurer's action

27  on the claim and payment of the claim is considered to be made

28  on the date the notice or payment was mailed or electronically

29  transferred.

30         (17)  Notwithstanding s. 627.6131(5)(a), effective

31  November 1, 2003, where a nonelectronic pharmacy claim is

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 792028





  1  submitted to a pharmacy benefits manager acting on behalf of a

  2  health insurer the pharmacy benefits manager shall provide

  3  acknowledgment of receipt of the claim within 30 days after

  4  receipt of the claim to the provider or provide a provider

  5  within 30 days after receipt with electronic access to the

  6  status of a submitted claim.

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

  8  627.6425, Florida Statutes, is amended to read:

  9         627.6425  Renewability of individual coverage.--

10         (2)  An insurer may nonrenew or discontinue health

11  insurance coverage of an individual in the individual market

12  based only on one or more of the following:

13         (a)  The individual has failed to pay premiums, or

14  contributions, or a required copayment payable to the insurer

15  in accordance with the terms of the health insurance coverage

16  or the insurer has not received timely premium payments. When

17  the copayment is payable to the insurer and exceeds $300, the

18  insurer shall allow the insured up to 90 days after the date

19  of the procedure to pay the required copayment. The insurer

20  shall print in 10-point type on the declaration of benefits

21  page notification that the insured could be terminated for

22  failure to make any required copayment to the insurer.

23         Section 9.  Paragraphs (b), (c), and (e) of subsection

24  (7) of section 627.6475, Florida Statutes, are amended to

25  read:

26         627.6475  Individual reinsurance pool.--

27         (7)  INDIVIDUAL HEALTH REINSURANCE PROGRAM.--

28         (b)  A reinsuring carrier may reinsure with the program

29  coverage of an eligible individual, subject to each of the

30  following provisions:

31         1.  A reinsuring carrier may reinsure an eligible

                                  29
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  individual within 90 60 days after commencement of the

  2  coverage of the eligible individual.

  3         2.  The program may not reimburse a participating

  4  carrier with respect to the claims of a reinsured eligible

  5  individual until the carrier has paid incurred claims of an

  6  amount equal to the participating carrier's selected

  7  deductible level, as established by the board, at least $5,000

  8  in a calendar year for benefits covered by the program. In

  9  addition, the reinsuring carrier is responsible for 10 percent

10  of the next $50,000 and 5 percent of the next $100,000 of

11  incurred claims during a calendar year, and the program shall

12  reinsure the remainder.

13         3.  The board shall annually adjust the initial level

14  of claims and the maximum limit to be retained by the carrier

15  to reflect increases in costs and utilization within the

16  standard market for health benefit plans within the state. The

17  adjustment may not be less than the annual change in the

18  medical component of the "Commerce Price Index for All Urban

19  Consumers" of the Bureau of Labor Statistics of the United

20  States Department of Labor, unless the board proposes and the

21  department approves a lower adjustment factor.

22         4.  A reinsuring carrier may terminate reinsurance for

23  all reinsured eligible individuals on any plan anniversary.

24         5.  The premium rate charged for reinsurance by the

25  program to a health maintenance organization that is approved

26  by the Secretary of Health and Human Services as a federally

27  qualified health maintenance organization pursuant to 42

28  U.S.C. s. 300e(c)(2)(A) and that, as such, is subject to

29  requirements that limit the amount of risk that may be ceded

30  to the program, which requirements are more restrictive than

31  subparagraph 2., shall be reduced by an amount equal to that

                                  30
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  portion of the risk, if any, which exceeds the amount set

  2  forth in subparagraph 2., which may not be ceded to the

  3  program.

  4         6.  The board may consider adjustments to the premium

  5  rates charged for reinsurance by the program or carriers that

  6  use effective cost-containment measures, including high-cost

  7  case management, as defined by the board.

  8         7.  A reinsuring carrier shall apply its

  9  case-management and claims-handling techniques, including, but

10  not limited to, utilization review, individual case

11  management, preferred provider provisions, other managed-care

12  provisions, or methods of operation consistently with both

13  reinsured business and nonreinsured business.

14         (c)1.  The board, as part of the plan of operation,

15  shall establish a methodology for determining premium rates to

16  be charged by the program for reinsuring eligible individuals

17  pursuant to this section. The methodology must include a

18  system for classifying individuals which reflects the types of

19  case characteristics commonly used by carriers in this state.

20  The methodology must provide for the development of basic

21  reinsurance premium rates, which shall be multiplied by the

22  factors set for them in this paragraph to determine the

23  premium rates for the program. The basic reinsurance premium

24  rates shall be established by the board, subject to the

25  approval of the department, and shall be set at levels that

26  reasonably approximate gross premiums charged to eligible

27  individuals for individual health insurance by health

28  insurance issuers. The premium rates set by the board may vary

29  by geographical area, as determined under this section, to

30  reflect differences in cost. An eligible individual may be

31  reinsured for a rate that is five times the rate established

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  1  by the board.

  2         2.  The board shall periodically review the methodology

  3  established, including the system of classification and any

  4  rating factors, to ensure that it reasonably reflects the

  5  claims experience of the program. The board may propose

  6  changes to the rates that are subject to the approval of the

  7  department.

  8         (e)1.  Before September March 1 of each calendar year,

  9  the board shall determine and report to the department the

10  program net loss in the individual account for the previous

11  year, including administrative expenses for that year and the

12  incurred losses for that year, taking into account investment

13  income and other appropriate gains and losses.

14         2.  Any net loss in the individual account for the year

15  shall be recouped by assessing the carriers as follows:

16         a.  The operating losses of the program shall be

17  assessed in the following order subject to the specified

18  limitations. The first tier of assessments shall be made

19  against reinsuring carriers in an amount that may not exceed 5

20  percent of each reinsuring carrier's premiums for individual

21  health insurance. If such assessments have been collected and

22  additional moneys are needed, the board shall make a second

23  tier of assessments in an amount that may not exceed 0.5

24  percent of each carrier's health benefit plan premiums.

25         b.  Except as provided in paragraph (f), risk-assuming

26  carriers are exempt from all assessments authorized pursuant

27  to this section. The amount paid by a reinsuring carrier for

28  the first tier of assessments shall be credited against any

29  additional assessments made.

30         c.  The board shall equitably assess reinsuring

31  carriers for operating losses of the individual account based

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  1  on market share. The board shall annually assess each carrier

  2  a portion of the operating losses of the individual account.

  3  The first tier of assessments shall be determined by

  4  multiplying the operating losses by a fraction, the numerator

  5  of which equals the reinsuring carrier's earned premium

  6  pertaining to direct writings of individual health insurance

  7  in the state during the calendar year for which the assessment

  8  is levied, and the denominator of which equals the total of

  9  all such premiums earned by reinsuring carriers in the state

10  during that calendar year. The second tier of assessments

11  shall be based on the premiums that all carriers, except

12  risk-assuming carriers, earned on all health benefit plans

13  written in this state. The board may levy interim assessments

14  against reinsuring carriers to ensure the financial ability of

15  the plan to cover claims expenses and administrative expenses

16  paid or estimated to be paid in the operation of the plan for

17  the calendar year prior to the association's anticipated

18  receipt of annual assessments for that calendar year. Any

19  interim assessment is due and payable within 30 days after

20  receipt by a carrier of the interim assessment notice. Interim

21  assessment payments shall be credited against the carrier's

22  annual assessment. Health benefit plan premiums and benefits

23  paid by a carrier that are less than an amount determined by

24  the board to justify the cost of collection may not be

25  considered for purposes of determining assessments.

26         d.  Subject to the approval of the department, the

27  board shall adjust the assessment formula for reinsuring

28  carriers that are approved as federally qualified health

29  maintenance organizations by the Secretary of Health and Human

30  Services pursuant to 42 U.S.C. s. 300e(c)(2)(A) to the extent,

31  if any, that restrictions are placed on them which are not

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                                                  SENATE AMENDMENT

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  1  imposed on other carriers.

  2         3.  Before September March 1 of each year, the board

  3  shall determine and file with the department an estimate of

  4  the assessments needed to fund the losses incurred by the

  5  program in the individual account for the previous calendar

  6  year.

  7         4.  If the board determines that the assessments needed

  8  to fund the losses incurred by the program in the individual

  9  account for the previous calendar year will exceed the amount

10  specified in subparagraph 2., the board shall evaluate the

11  operation of the program and report its findings and

12  recommendations to the department in the format established in

13  s. 627.6699(11) for the comparable report for the small

14  employer reinsurance program.

15         Section 10.  Subsection (4) of section 627.651, Florida

16  Statutes, is amended to read:

17         627.651  Group contracts and plans of self-insurance

18  must meet group requirements.--

19         (4)  This section does not apply to any plan which is

20  established or maintained by an individual employer in

21  accordance with the Employee Retirement Income Security Act of

22  1974, Pub. L. No. 93-406, or to a multiple-employer welfare

23  arrangement as defined in s. 624.437(1), except that a

24  multiple-employer welfare arrangement shall comply with ss.

25  627.419, 627.657, 627.6575, 627.6578, 627.6579, 627.6612,

26  627.66121, 627.66122, 627.6615, 627.6616, and 627.662(7)

27  627.662(6).  This subsection does not allow an authorized

28  insurer to issue a group health insurance policy or

29  certificate which does not comply with this part.

30         Section 11.  Section 627.662, Florida Statutes, is

31  amended to read:

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  1         627.662  Other provisions applicable.--The following

  2  provisions apply to group health insurance, blanket health

  3  insurance, and franchise health insurance:

  4         (1)  Section 627.569, relating to use of dividends,

  5  refunds, rate reductions, commissions, and service fees.

  6         (2)  Section 627.602(1)(f) and (2), relating to

  7  identification numbers and statement of deductible provisions.

  8         (3)  Section 627.635, relating to excess insurance.

  9         (4)  Section 627.638, relating to direct payment for

10  hospital or medical services.

11         (5)  Section 627.640, relating to filing and

12  classification of rates.

13         (6)  Section 627.613, relating to timely payment of

14  claims, or s. 627.6131, relating to payment of claims.

15         (7)(6)  Section 627.645(1), relating to denial of

16  claims.

17         (8)(7)  Section 627.613, relating to time of payment of

18  claims.

19         (9)(8)  Section 627.6471, relating to preferred

20  provider organizations.

21         (10)(9)  Section 627.6472, relating to exclusive

22  provider organizations.

23         (11)(10)  Section 627.6473, relating to combined

24  preferred provider and exclusive provider policies.

25         (12)(11)  Section 627.6474, relating to provider

26  contracts.

27         Section 12.  Subsection (6) of section 627.667, Florida

28  Statutes, is amended to read:

29         627.667  Extension of benefits.--

30         (6)  This section also applies to holders of group

31  certificates which are renewed, delivered, or issued for

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                                                  SENATE AMENDMENT

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  1  delivery to residents of this state under group policies

  2  effectuated or delivered outside this state, unless a

  3  succeeding carrier under a group policy has agreed to assume

  4  liability for the benefits.

  5         Section 13.  Paragraph (e) of subsection (5) of section

  6  627.6692, Florida Statutes, as amended by section 1 of chapter

  7  2001-353, Laws of Florida, is amended to read:

  8         627.6692  Florida Health Insurance Coverage

  9  Continuation Act.--

10         (5)  CONTINUATION OF COVERAGE UNDER GROUP HEALTH

11  PLANS.--

12         (e)1.  A covered employee or other qualified

13  beneficiary who wishes continuation of coverage must pay the

14  initial premium and elect such continuation in writing to the

15  insurance carrier issuing the employer's group health plan

16  within 63 30 days after receiving notice from the insurance

17  carrier under paragraph (d).  Subsequent premiums are due by

18  the grace period expiration date.  The insurance carrier or

19  the insurance carrier's designee shall process all elections

20  promptly and provide coverage retroactively to the date

21  coverage would otherwise have terminated. The premium due

22  shall be for the period beginning on the date coverage would

23  have otherwise terminated due to the qualifying event.  The

24  first premium payment must include the coverage paid to the

25  end of the month in which the first payment is made.  After

26  the election, the insurance carrier must bill the qualified

27  beneficiary for premiums once each month, with a due date on

28  the first of the month of coverage and allowing a 30-day grace

29  period for payment.

30         2.  Except as otherwise specified in an election, any

31  election by a qualified beneficiary shall be deemed to include

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

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  1  an election of continuation of coverage on behalf of any other

  2  qualified beneficiary residing in the same household who would

  3  lose coverage under the group health plan by reason of a

  4  qualifying event.  This subparagraph does not preclude a

  5  qualified beneficiary from electing continuation of coverage

  6  on behalf of any other qualified beneficiary.

  7         Section 14.  Paragraphs (i), (m), and (n) of subsection

  8  (3), paragraph (c) of subsection (5), paragraph (b) of

  9  subsection (6), paragraphs (f), (g), (h), and (j) of

10  subsection (11), and subsections (12) and (15) of section

11  627.6699, Florida Statutes, are amended to read:

12         627.6699  Employee Health Care Access Act.--

13         (3)  DEFINITIONS.--As used in this section, the term:

14         (i)  "Established geographic area" means the county or

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

16  the carrier provides or arranges for health care services to

17  be available to its insureds, members, or subscribers.

18         (m)  "Flexible Limited benefit policy or contract"

19  means a policy or contract that provides coverage for each

20  person insured under the policy and for a specifically named

21  disease or diseases, a specifically named accident, or a

22  specifically named limited market that fulfills a an

23  experimental or reasonable need by providing more affordable

24  health insurance to a small employer or a small employer

25  health alliance under s. 627.654, such as the small group

26  market.

27         (n)  "Modified community rating" means a method used to

28  develop carrier premiums which spreads financial risk across a

29  large population; allows the use of separate rating factors

30  for age, gender, family composition, tobacco usage, and

31  geographic area as determined under paragraph (5)(j); and

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

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  1  allows adjustments for:  claims experience, health status, or

  2  duration of coverage as permitted under subparagraph (6)(b)5.;

  3  and administrative and acquisition expenses as permitted under

  4  subparagraph (6)(b)5.

  5         (5)  AVAILABILITY OF COVERAGE.--

  6         (c)  Every small employer carrier must, as a condition

  7  of transacting business in this state:

  8         1.  Beginning July 1, 2000, offer and issue all small

  9  employer health benefit plans on a guaranteed-issue basis to

10  every eligible small employer, with 2 to 50 eligible

11  employees, that elects to be covered under such plan, agrees

12  to make the required premium payments, and satisfies the other

13  provisions of the plan. A rider for additional or increased

14  benefits may be medically underwritten and may only be added

15  to the standard health benefit plan.  The increased rate

16  charged for the additional or increased benefit must be rated

17  in accordance with this section.

18         2.  Beginning July 1, 2000, and until July 31, 2001,

19  offer and issue basic and standard small employer health

20  benefit plans on a guaranteed-issue basis to every eligible

21  small employer which is eligible for guaranteed renewal, has

22  less than two eligible employees, is not formed primarily for

23  the purpose of buying health insurance, elects to be covered

24  under such plan, agrees to make the required premium payments,

25  and satisfies the other provisions of the plan. A rider for

26  additional or increased benefits may be medically underwritten

27  and may be added only to the standard benefit plan. The

28  increased rate charged for the additional or increased benefit

29  must be rated in accordance with this section. For purposes of

30  this subparagraph, a person, his or her spouse, and his or her

31  dependent children shall constitute a single eligible employee

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                                                  SENATE AMENDMENT

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  1  if that person and spouse are employed by the same small

  2  employer and either one has a normal work week of less than 25

  3  hours.

  4         3.a.  Beginning August 1, 2001, offer and issue basic

  5  and standard small employer health benefit plans on a

  6  guaranteed-issue basis, during a 31-day open enrollment period

  7  of August 1 through August 31 of each year, to every eligible

  8  small employer, with fewer than two eligible employees, which

  9  small employer is not formed primarily for the purpose of

10  buying health insurance and which elects to be covered under

11  such plan, agrees to make the required premium payments, and

12  satisfies the other provisions of the plan. Coverage provided

13  under this subparagraph shall begin on October 1 of the same

14  year as the date of enrollment, unless the small employer

15  carrier and the small employer agree to a different date. A

16  rider for additional or increased benefits may be medically

17  underwritten and may only be added to the standard health

18  benefit plan.  The increased rate charged for the additional

19  or increased benefit must be rated in accordance with this

20  section. For purposes of this subparagraph, a person, his or

21  her spouse, and his or her dependent children constitute a

22  single eligible employee if that person and spouse are

23  employed by the same small employer and either that person or

24  his or her spouse has a normal work week of less than 25

25  hours.

26         b.  Notwithstanding the restrictions set forth in

27  sub-subparagraph a., when a small employer group is losing

28  coverage because a carrier is exercising the provisions of s.

29  627.6571(3)(b) or s. 641.31074(3)(b), the eligible small

30  employer, as defined in sub-subparagraph a., is entitled to

31  enroll with another carrier offering small employer coverage

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                                                  SENATE AMENDMENT

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  1  within 63 days after the notice of termination or the

  2  termination date of the prior coverage, whichever is later.

  3  Coverage provided under this sub-subparagraph begins

  4  immediately upon enrollment, unless the small employer carrier

  5  and the small employer agree to a different date.

  6         4.  This paragraph does not limit a carrier's ability

  7  to offer other health benefit plans to small employers if the

  8  standard and basic health benefit plans are offered and

  9  rejected.

10         (6)  RESTRICTIONS RELATING TO PREMIUM RATES.--

11         (b)  For all small employer health benefit plans that

12  are subject to this section and are issued by small employer

13  carriers on or after January 1, 1994, premium rates for health

14  benefit plans subject to this section are subject to the

15  following:

16         1.  Small employer carriers must use a modified

17  community rating methodology in which the premium for each

18  small employer must be determined solely on the basis of the

19  eligible employee's and eligible dependent's gender, age,

20  family composition, tobacco use, or geographic area as

21  determined under paragraph (5)(j) and in which the premium may

22  be adjusted as permitted by subparagraphs 5., and 6., and 7.

23         2.  Rating factors related to age, gender, family

24  composition, tobacco use, or geographic location may be

25  developed by each carrier to reflect the carrier's experience.

26  The factors used by carriers are subject to department review

27  and approval.

28         3.  Small employer carriers may not modify the rate for

29  a small employer for 12 months from the initial issue date or

30  renewal date, unless the composition of the group changes or

31  benefits are changed. However, a small employer carrier may

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  modify the rate one time prior to 12 months after the initial

  2  issue date for a small employer who enrolls under a previously

  3  issued group policy that has a common anniversary date for all

  4  employers covered under the policy if:

  5         a.  The carrier discloses to the employer in a clear

  6  and conspicuous manner the date of the first renewal and the

  7  fact that the premium may increase on or after that date.

  8         b.  The insurer demonstrates to the department that

  9  efficiencies in administration are achieved and reflected in

10  the rates charged to small employers covered under the policy.

11         4.  A carrier may issue a group health insurance policy

12  to a small employer health alliance or other group association

13  with rates that reflect a premium credit for expense savings

14  attributable to administrative activities being performed by

15  the alliance or group association if such expense savings are

16  specifically documented in the insurer's rate filing and are

17  approved by the department.  Any such credit may not be based

18  on different morbidity assumptions or on any other factor

19  related to the health status or claims experience of any

20  person covered under the policy. Nothing in this subparagraph

21  exempts an alliance or group association from licensure for

22  any activities that require licensure under the insurance

23  code. A carrier issuing a group health insurance policy to a

24  small employer health alliance or other group association

25  shall allow any properly licensed and appointed agent of that

26  carrier to market and sell the small employer health alliance

27  or other group association policy. Such agent shall be paid

28  the usual and customary commission paid to any agent selling

29  the policy.

30         5.  Any adjustments in rates for claims experience,

31  health status, or duration of coverage may not be charged to

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                                                  SENATE AMENDMENT

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  1  individual employees or dependents. For a small employer's

  2  policy, such adjustments may not result in a rate for the

  3  small employer which deviates more than 15 percent from the

  4  carrier's approved rate. Any such adjustment must be applied

  5  uniformly to the rates charged for all employees and

  6  dependents of the small employer. A small employer carrier may

  7  make an adjustment to a small employer's renewal premium, not

  8  to exceed 10 percent annually, due to the claims experience,

  9  health status, or duration of coverage of the employees or

10  dependents of the small employer. Semiannually, small group

11  carriers shall report information on forms adopted by rule by

12  the department, to enable the department to monitor the

13  relationship of aggregate adjusted premiums actually charged

14  policyholders by each carrier to the premiums that would have

15  been charged by application of the carrier's approved modified

16  community rates. If the aggregate resulting from the

17  application of such adjustment exceeds the premium that would

18  have been charged by application of the approved modified

19  community rate by 5 percent for the current reporting period,

20  the carrier shall limit the application of such adjustments

21  only to minus adjustments beginning not more than 60 days

22  after the report is sent to the department. For any subsequent

23  reporting period, if the total aggregate adjusted premium

24  actually charged does not exceed the premium that would have

25  been charged by application of the approved modified community

26  rate by 5 percent, the carrier may apply both plus and minus

27  adjustments. A small employer carrier may provide a credit to

28  a small employer's premium based on administrative and

29  acquisition expense differences resulting from the size of the

30  group. Group size administrative and acquisition expense

31  factors may be developed by each carrier to reflect the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  carrier's experience and are subject to department review and

  2  approval.

  3         6.  A small employer carrier rating methodology may

  4  include separate rating categories for one dependent child,

  5  for two dependent children, and for three or more dependent

  6  children for family coverage of employees having a spouse and

  7  dependent children or employees having dependent children

  8  only. A small employer carrier may have fewer, but not

  9  greater, numbers of categories for dependent children than

10  those specified in this subparagraph.

11         7.  Small employer carriers may not use a composite

12  rating methodology to rate a small employer with fewer than 10

13  employees. For the purposes of this subparagraph, a "composite

14  rating methodology" means a rating methodology that averages

15  the impact of the rating factors for age and gender in the

16  premiums charged to all of the employees of a small employer.

17         8.a.  A carrier may separate the experience of small

18  employer groups with less than 2 eligible employees from the

19  experience of small employer groups with 2-50 eligible

20  employees for purposes of determining an alternative modified

21  community rating.

22         b.  If a carrier separates the experience of small

23  employer groups as provided in sub-subparagraph a., the rate

24  to be charged to small employer groups of less than 2 eligible

25  employees may not exceed 150 percent of the rate determined

26  for small employer groups of 2-50 eligible employees. However,

27  the carrier may charge excess losses of the experience pool

28  consisting of small employer groups with less than 2 eligible

29  employees to the experience pool consisting of small employer

30  groups with 2-50 eligible employees so that all losses are

31  allocated and the 150-percent rate limit on the experience

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  pool consisting of small employer groups with less than 2

  2  eligible employees is maintained. Notwithstanding s.

  3  627.411(1), the rate to be charged to a small employer group

  4  of fewer than 2 eligible employees, insured as of July 1,

  5  2002, may be up to 125 percent of the rate determined for

  6  small employer groups of 2-50 eligible employees for the first

  7  annual renewal and 150 percent for subsequent annual renewals.

  8         (11)  SMALL EMPLOYER HEALTH REINSURANCE PROGRAM.--

  9         (f)  The program has the general powers and authority

10  granted under the laws of this state to insurance companies

11  and health maintenance organizations licensed to transact

12  business, except the power to issue health benefit plans

13  directly to groups or individuals.  In addition thereto, the

14  program has specific authority to:

15         1.  Enter into contracts as necessary or proper to

16  carry out the provisions and purposes of this act, including

17  the authority to enter into contracts with similar programs of

18  other states for the joint performance of common functions or

19  with persons or other organizations for the performance of

20  administrative functions.

21         2.  Sue or be sued, including taking any legal action

22  necessary or proper for recovering any assessments and

23  penalties for, on behalf of, or against the program or any

24  carrier.

25         3.  Take any legal action necessary to avoid the

26  payment of improper claims against the program.

27         4.  Issue reinsurance policies, in accordance with the

28  requirements of this act.

29         5.  Establish rules, conditions, and procedures for

30  reinsurance risks under the program participation.

31         6.  Establish actuarial functions as appropriate for

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

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  1  the operation of the program.

  2         7.  Assess participating carriers in accordance with

  3  paragraph (j), and make advance interim assessments as may be

  4  reasonable and necessary for organizational and interim

  5  operating expenses.  Interim assessments shall be credited as

  6  offsets against any regular assessments due following the

  7  close of the calendar year.

  8         8.  Appoint appropriate legal, actuarial, and other

  9  committees as necessary to provide technical assistance in the

10  operation of the program, and in any other function within the

11  authority of the program.

12         9.  Borrow money to effect the purposes of the program.

13  Any notes or other evidences of indebtedness of the program

14  which are not in default constitute legal investments for

15  carriers and may be carried as admitted assets.

16         10.  To the extent necessary, increase the $5,000

17  deductible reinsurance requirement to adjust for the effects

18  of inflation. The program may evaluate the desirability of

19  establishing differing levels of deductibles.  If differing

20  levels of deductibles are established, such levels and the

21  resulting premiums must be approved by the department.

22         (g)  A reinsuring carrier may reinsure with the program

23  coverage of an eligible employee of a small employer, or any

24  dependent of such an employee, subject to each of the

25  following provisions:

26         1.  With respect to a standard and basic health care

27  plan, the program may must reinsure the level of coverage

28  provided; and, with respect to any other plan, the program may

29  must reinsure the coverage up to, but not exceeding, the level

30  of coverage provided under the standard and basic health care

31  plan. As an alternative to reinsuring the entire level of

                                  45
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  coverage provided, the program may develop corridors of

  2  reinsurance designed to coordinate with a reinsuring carrier's

  3  existing reinsurance.  The corridors of reinsurance and

  4  resulting premiums must be approved by the department.

  5         2.  Except in the case of a late enrollee, a reinsuring

  6  carrier may reinsure an eligible employee or dependent within

  7  90 60 days after the commencement of the coverage of the small

  8  employer. A newly employed eligible employee or dependent of a

  9  small employer may be reinsured within 90 60 days after the

10  commencement of his or her coverage.

11         3.  A small employer carrier may reinsure an entire

12  employer group within 90 60 days after the commencement of the

13  group's coverage under the plan. The carrier may choose to

14  reinsure newly eligible employees and dependents of the

15  reinsured group pursuant to subparagraph 1.

16         4.  The program may evaluate the option of allowing a

17  small employer carrier to reinsure an entire employer group or

18  an eligible employee at the first or subsequent renewal date.

19  Any such option and the resulting premium must be approved by

20  the department.

21         5.4.  The program may not reimburse a participating

22  carrier with respect to the claims of a reinsured employee or

23  dependent until the carrier has paid incurred claims of an

24  amount equal to the participating carrier's selected

25  deductible level at least $5,000 in a calendar year for

26  benefits covered by the program.  In addition, the reinsuring

27  carrier shall be responsible for 10 percent of the next

28  $50,000 and 5 percent of the next $100,000 of incurred claims

29  during a calendar year and the program shall reinsure the

30  remainder.

31         6.5.  The board annually may shall adjust the initial

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  level of claims and the maximum limit to be retained by the

  2  carrier to reflect increases in costs and utilization within

  3  the standard market for health benefit plans within the state.

  4  The adjustment shall not be less than the annual change in the

  5  medical component of the "Consumer Price Index for All Urban

  6  Consumers" of the Bureau of Labor Statistics of the Department

  7  of Labor, unless the board proposes and the department

  8  approves a lower adjustment factor.

  9         7.6.  A small employer carrier may terminate

10  reinsurance for all reinsured employees or dependents on any

11  plan anniversary.

12         8.7.  The premium rate charged for reinsurance by the

13  program to a health maintenance organization that is approved

14  by the Secretary of Health and Human Services as a federally

15  qualified health maintenance organization pursuant to 42

16  U.S.C. s. 300e(c)(2)(A) and that, as such, is subject to

17  requirements that limit the amount of risk that may be ceded

18  to the program, which requirements are more restrictive than

19  subparagraph 4., shall be reduced by an amount equal to that

20  portion of the risk, if any, which exceeds the amount set

21  forth in subparagraph 4. which may not be ceded to the

22  program.

23         9.8.  The board may consider adjustments to the premium

24  rates charged for reinsurance by the program for carriers that

25  use effective cost containment measures, including high-cost

26  case management, as defined by the board.

27         10.9.  A reinsuring carrier shall apply its

28  case-management and claims-handling techniques, including, but

29  not limited to, utilization review, individual case

30  management, preferred provider provisions, other managed care

31  provisions or methods of operation, consistently with both

                                  47
    11:29 AM   03/20/02                             s1286c2c-19j03




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  reinsured business and nonreinsured business.

  2         (h)1.  The board, as part of the plan of operation,

  3  shall establish a methodology for determining premium rates to

  4  be charged by the program for reinsuring small employers and

  5  individuals pursuant to this section.  The methodology shall

  6  include a system for classification of small employers that

  7  reflects the types of case characteristics commonly used by

  8  small employer carriers in the state.  The methodology shall

  9  provide for the development of basic reinsurance premium

10  rates, which shall be multiplied by the factors set for them

11  in this paragraph to determine the premium rates for the

12  program. The basic reinsurance premium rates shall be

13  established by the board, subject to the approval of the

14  department, and shall be set at levels which reasonably

15  approximate gross premiums charged to small employers by small

16  employer carriers for health benefit plans with benefits

17  similar to the standard and basic health benefit plan.  The

18  premium rates set by the board may vary by geographical area,

19  as determined under this section, to reflect differences in

20  cost.  The multiplying factors must be established as follows:

21         a.  The entire group may be reinsured for a rate that

22  is 1.5 times the rate established by the board.

23         b.  An eligible employee or dependent may be reinsured

24  for a rate that is 5 times the rate established by the board.

25         2.  The board periodically shall review the methodology

26  established, including the system of classification and any

27  rating factors, to assure that it reasonably reflects the

28  claims experience of the program.  The board may propose

29  changes to the rates which shall be subject to the approval of

30  the department.

31         (j)1.  Before September March 1 of each calendar year,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  the board shall determine and report to the department the

  2  program net loss for the previous year, including

  3  administrative expenses for that year, and the incurred losses

  4  for the year, taking into account investment income and other

  5  appropriate gains and losses.

  6         2.  Any net loss for the year shall be recouped by

  7  assessment of the carriers, as follows:

  8         a.  The operating losses of the program shall be

  9  assessed in the following order subject to the specified

10  limitations.  The first tier of assessments shall be made

11  against reinsuring carriers in an amount which shall not

12  exceed 5 percent of each reinsuring carrier's premiums from

13  health benefit plans covering small employers.  If such

14  assessments have been collected and additional moneys are

15  needed, the board shall make a second tier of assessments in

16  an amount which shall not exceed 0.5 percent of each carrier's

17  health benefit plan premiums.  Except as provided in paragraph

18  (n), risk-assuming carriers are exempt from all assessments

19  authorized pursuant to this section.  The amount paid by a

20  reinsuring carrier for the first tier of assessments shall be

21  credited against any additional assessments made.

22         b.  The board shall equitably assess carriers for

23  operating losses of the plan based on market share.  The board

24  shall annually assess each carrier a portion of the operating

25  losses of the plan.  The first tier of assessments shall be

26  determined by multiplying the operating losses by a fraction,

27  the numerator of which equals the reinsuring carrier's earned

28  premium pertaining to direct writings of small employer health

29  benefit plans in the state during the calendar year for which

30  the assessment is levied, and the denominator of which equals

31  the total of all such premiums earned by reinsuring carriers

                                  49
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  in the state during that calendar year. The second tier of

  2  assessments shall be based on the premiums that all carriers,

  3  except risk-assuming carriers, earned on all health benefit

  4  plans written in this state. The board may levy interim

  5  assessments against carriers to ensure the financial ability

  6  of the plan to cover claims expenses and administrative

  7  expenses paid or estimated to be paid in the operation of the

  8  plan for the calendar year prior to the association's

  9  anticipated receipt of annual assessments for that calendar

10  year.  Any interim assessment is due and payable within 30

11  days after receipt by a carrier of the interim assessment

12  notice. Interim assessment payments shall be credited against

13  the carrier's annual assessment.  Health benefit plan premiums

14  and benefits paid by a carrier that are less than an amount

15  determined by the board to justify the cost of collection may

16  not be considered for purposes of determining assessments.

17         c.  Subject to the approval of the department, the

18  board shall make an adjustment to the assessment formula for

19  reinsuring carriers that are approved as federally qualified

20  health maintenance organizations by the Secretary of Health

21  and Human Services pursuant to 42 U.S.C. s. 300e(c)(2)(A) to

22  the extent, if any, that restrictions are placed on them that

23  are not imposed on other small employer carriers.

24         3.  Before September March 1 of each year, the board

25  shall determine and file with the department an estimate of

26  the assessments needed to fund the losses incurred by the

27  program in the previous calendar year.

28         4.  If the board determines that the assessments needed

29  to fund the losses incurred by the program in the previous

30  calendar year will exceed the amount specified in subparagraph

31  2., the board shall evaluate the operation of the program and

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    11:29 AM   03/20/02                             s1286c2c-19j03




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  report its findings, including any recommendations for changes

  2  to the plan of operation, to the department within 240 90 days

  3  following the end of the calendar year in which the losses

  4  were incurred.  The evaluation shall include an estimate of

  5  future assessments, the administrative costs of the program,

  6  the appropriateness of the premiums charged and the level of

  7  carrier retention under the program, and the costs of coverage

  8  for small employers. If the board fails to file a report with

  9  the department within 240 90 days following the end of the

10  applicable calendar year, the department may evaluate the

11  operations of the program and implement such amendments to the

12  plan of operation the department deems necessary to reduce

13  future losses and assessments.

14         5.  If assessments exceed the amount of the actual

15  losses and administrative expenses of the program, the excess

16  shall be held as interest and used by the board to offset

17  future losses or to reduce program premiums. As used in this

18  paragraph, the term "future losses" includes reserves for

19  incurred but not reported claims.

20         6.  Each carrier's proportion of the assessment shall

21  be determined annually by the board, based on annual

22  statements and other reports considered necessary by the board

23  and filed by the carriers with the board.

24         7.  Provision shall be made in the plan of operation

25  for the imposition of an interest penalty for late payment of

26  an assessment.

27         8.  A carrier may seek, from the commissioner, a

28  deferment, in whole or in part, from any assessment made by

29  the board.  The department may defer, in whole or in part, the

30  assessment of a carrier if, in the opinion of the department,

31  the payment of the assessment would place the carrier in a

                                  51
    11:29 AM   03/20/02                             s1286c2c-19j03




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  financially impaired condition.  If an assessment against a

  2  carrier is deferred, in whole or in part, the amount by which

  3  the assessment is deferred may be assessed against the other

  4  carriers in a manner consistent with the basis for assessment

  5  set forth in this section. The carrier receiving such

  6  deferment remains liable to the program for the amount

  7  deferred and is prohibited from reinsuring any individuals or

  8  groups in the program if it fails to pay assessments.

  9         (12)  STANDARD, BASIC, AND FLEXIBLE LIMITED HEALTH

10  BENEFIT PLANS.--

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

12  a health benefit plan committee composed of four

13  representatives of carriers which shall include at least two

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

15  model HMO, two representatives of agents, four representatives

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

17  carrier members shall be selected from a list of individuals

18  recommended by the board.  The commissioner may require the

19  board to submit additional recommendations of individuals for

20  appointment.

21         2.  The plans shall comply with all of the requirements

22  of this subsection.

23         3.  The plans must be filed with and approved by the

24  department prior to issuance or delivery by any small employer

25  carrier.

26         4.  Before October 1, 2002, and in every 4th year

27  thereafter, the commissioner shall appoint a new health

28  benefit plan committee in the manner provided in subparagraph

29  1. to determine whether modifications to a plan might be

30  appropriate and to submit recommended modifications to the

31  department for approval. Such a determination must be based

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  upon prevailing industry standards regarding managed care and

  2  cost-containment provisions and is to serve the purpose of

  3  ensuring that the benefit plans offered to small employers on

  4  a guaranteed-issue basis are consistent with the low-priced to

  5  mid-priced benefit plans offered in the large-group market.

  6  Each new health benefit plan committee shall evaluate the

  7  implementation of this act and its impact on the entities that

  8  provide the plans, the number of enrollees, the participants

  9  covered by the plans and their access to care, the scope of

10  health care coverage offered under the plans, the difference

11  in premiums between these plans and standard or basic plans,

12  and an assessment of the plans. This determination shall be

13  included in a report submitted to the President of the Senate

14  and the Speaker of the House of Representatives annually by

15  October 1. After approval of the revised health benefit plans,

16  if the department determines that modifications to a plan

17  might be appropriate, the commissioner shall appoint a new

18  health benefit plan committee in the manner provided in

19  subparagraph 1. to submit recommended modifications to the

20  department for approval.

21         (b)1.  Each small employer carrier issuing new health

22  benefit plans shall offer to any small employer, upon request,

23  a standard health benefit plan and a basic health benefit plan

24  that meets the criteria set forth in this section.

25         2.  For purposes of this subsection, the terms

26  "standard health benefit plan" and "basic health benefit plan"

27  mean policies or contracts that a small employer carrier

28  offers to eligible small employers that contain:

29         a.  An exclusion for services that are not medically

30  necessary or that are not covered preventive health services;

31  and

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    11:29 AM   03/20/02                             s1286c2c-19j03




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1         b.  A procedure for preauthorization by the small

  2  employer carrier, or its designees.

  3         3.  A small employer carrier may include the following

  4  managed care provisions in the policy or contract to control

  5  costs:

  6         a.  A preferred provider arrangement or exclusive

  7  provider organization or any combination thereof, in which a

  8  small employer carrier enters into a written agreement with

  9  the provider to provide services at specified levels of

10  reimbursement or to provide reimbursement to specified

11  providers. Any such written agreement between a provider and a

12  small employer carrier must contain a provision under which

13  the parties agree that the insured individual or covered

14  member has no obligation to make payment for any medical

15  service rendered by the provider which is determined not to be

16  medically necessary.  A carrier may use preferred provider

17  arrangements or exclusive provider arrangements to the same

18  extent as allowed in group products that are not issued to

19  small employers.

20         b.  A procedure for utilization review by the small

21  employer carrier or its designees.

22

23  This subparagraph does not prohibit a small employer carrier

24  from including in its policy or contract additional managed

25  care and cost containment provisions, subject to the approval

26  of the department, which have potential for controlling costs

27  in a manner that does not result in inequitable treatment of

28  insureds or subscribers.  The carrier may use such provisions

29  to the same extent as authorized for group products that are

30  not issued to small employers.

31         4.  The standard health benefit plan and any flexible

                                  54
    11:29 AM   03/20/02                             s1286c2c-19j03




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  benefit policy or contract shall include:

  2         a.  Coverage for inpatient hospitalization;

  3         b.  Coverage for outpatient services;

  4         c.  Coverage for newborn children pursuant to s.

  5  627.6575;

  6         d.  Coverage for child care supervision services

  7  pursuant to s. 627.6579;

  8         e.  Coverage for adopted children upon placement in the

  9  residence pursuant to s. 627.6578;

10         f.  Coverage for mammograms pursuant to s. 627.6613;

11         g.  Coverage for handicapped children pursuant to s.

12  627.6615;

13         h.  Emergency or urgent care out of the geographic

14  service area; and

15         i.  Coverage for services provided by a hospice

16  licensed under s. 400.602 in cases where such coverage would

17  be the most appropriate and the most cost-effective method for

18  treating a covered illness.

19         5.  The standard health benefit plan and the basic

20  health benefit plan may include a schedule of benefit

21  limitations for specified services and procedures.  If the

22  committee develops such a schedule of benefits limitation for

23  the standard health benefit plan or the basic health benefit

24  plan, a small employer carrier offering the plan must offer

25  the employer an option for increasing the benefit schedule

26  amounts by 4 percent annually.

27         6.  The basic health benefit plan shall include all of

28  the benefits specified in subparagraph 4.; however, the basic

29  health benefit plan shall place additional restrictions on the

30  benefits and utilization and may also impose additional cost

31  containment measures.

                                  55
    11:29 AM   03/20/02                             s1286c2c-19j03




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1         7.  Sections 627.419(2), (3), and (4), 627.6574,

  2  627.6612, 627.66121, 627.66122, 627.6616, 627.6618, 627.668,

  3  and 627.66911, 627.4239, 627.65755, 627.6691, 627.4232,

  4  627.42395, 627.65745, 627.667, 627.6617, 627.669, 641.51(8),

  5  627.6472(18), 627.662, 641.19(13)(e), 627.6471, 627.6472,

  6  627.6045, 627.607, 641.31(27), 641.51(11), 627.6577,

  7  627.6699(12)(b)(7), 627.6472(16), 627.662, 641.31(21),

  8  627.6419, 627.6045, 627.667, 641.3111, 627.6617, 641.513(3),

  9  641.32(12) and 627.6619 apply to the standard health benefit

10  plan, to any flexible benefit policy or contract, and to the

11  basic health benefit plan. However, notwithstanding said

12  provisions, the plans may specify limits on the number of

13  authorized treatments, if such limits are reasonable and do

14  not discriminate against any type of provider.

15         8.  Each small employer carrier that provides for

16  inpatient and outpatient services by allopathic hospitals may

17  provide as an option of the insured similar inpatient and

18  outpatient services by hospitals accredited by the American

19  Osteopathic Association when such services are available and

20  the osteopathic hospital agrees to provide the service.

21         (c)  If a small employer rejects, in writing, the

22  standard health benefit plan and the basic health benefit

23  plan, the small employer carrier may offer the small employer

24  a flexible limited benefit policy or contract.

25         (d)1.  Upon offering coverage under a standard health

26  benefit plan, a basic health benefit plan, or a flexible

27  limited benefit policy or contract for any small employer, the

28  small employer carrier shall disclose in writing to the

29  provide such employer group with a written statement that

30  contains, at a minimum:

31         a.  An explanation of those mandated benefits and

                                  56
    11:29 AM   03/20/02                             s1286c2c-19j03




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  providers that are not covered by the policy or contract;

  2         a.b.  An outline of coverage together explanation of

  3  the managed care and cost control features of the policy or

  4  contract, along with all appropriate mailing addresses and

  5  telephone numbers to be used by insureds in seeking

  6  information or authorization.; and

  7         b.c.  An explanation of The primary and preventive care

  8  features of the policy or contract.

  9

10  Such disclosure statement must be presented in a clear and

11  understandable form and format and must be separate from the

12  policy or certificate or evidence of coverage provided to the

13  employer group.

14         2.  Before a small employer carrier issues a standard

15  health benefit plan, a basic health benefit plan, or a limited

16  benefit policy or contract, it must obtain from the

17  prospective policyholder a signed written statement in which

18  the prospective policyholder:

19         a.  Certifies as to eligibility for coverage under the

20  standard health benefit plan, basic health benefit plan, or

21  limited benefit policy or contract;

22         c.b.  Acknowledges The limited nature of the coverage

23  and an understanding of the managed care and cost control

24  features of the policy or contract.;

25         c.  Acknowledges that if misrepresentations are made

26  regarding eligibility for coverage under a standard health

27  benefit plan, a basic health benefit plan, or a limited

28  benefit policy or contract, the person making such

29  misrepresentations forfeits coverage provided by the policy or

30  contract; and

31         2.d.  If a flexible benefit policy or contract limited

                                  57
    11:29 AM   03/20/02                             s1286c2c-19j03




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  plan is requested, the prospective policyholder must

  2  acknowledge in writing acknowledges that he or she the

  3  prospective policyholder had been offered, at the time of

  4  application for the insurance policy or contract, the

  5  opportunity to purchase any health benefit plan offered by the

  6  carrier and that the prospective policyholder had rejected

  7  that coverage.

  8

  9  A copy of such written statement shall be provided to the

10  prospective policyholder no later than at the time of delivery

11  of the policy or contract, and the original of such written

12  statement shall be retained in the files of the small employer

13  carrier for the period of time that the policy or contract

14  remains in effect or for 5 years, whichever period is longer.

15         3.  Any material statement made by an applicant for

16  coverage under a health benefit plan which falsely certifies

17  as to the applicant's eligibility for coverage serves as the

18  basis for terminating coverage under the policy or contract.

19         3.4.  Each marketing communication that is intended to

20  be used in the marketing of a health benefit plan in this

21  state must be submitted for review by the department prior to

22  use and must contain the disclosures stated in this

23  subsection.

24         4.  The contract, policy, and certificates evidencing

25  coverage under a flexible benefit policy or contract and the

26  application for coverage under such plans must state in not

27  less than 12-point bold type on the first page in contrasting

28  color the following:  "The benefits provided by this health

29  plan are limited and may not cover all of your medical needs.

30  You should carefully review the benefits offered under this

31  health plan."

                                  58
    11:29 AM   03/20/02                             s1286c2c-19j03




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1         (e)  A small employer carrier may not use any policy,

  2  contract, form, or rate under this section, including

  3  applications, enrollment forms, policies, contracts,

  4  certificates, evidences of coverage, riders, amendments,

  5  endorsements, and disclosure forms, until the carrier insurer

  6  has filed it with the department and the department has

  7  approved it under ss. 627.410, and 627.411, and 641.31 and

  8  this section.

  9         (f)  A flexible benefit policy or contract must have an

10  annual maximum benefit of $50,000 or greater and a lifetime

11  benefit of $500,000 or greater and such benefit shall be

12  disclosed in 12-point bold type in contrasting color.

13         (15)  APPLICABILITY OF OTHER STATE LAWS.--

14         (a)  Except as expressly provided in this section, a

15  law requiring coverage for a specific health care service or

16  benefit, or a law requiring reimbursement, utilization, or

17  consideration of a specific category of licensed health care

18  practitioner, does not apply to a standard or basic health

19  benefit plan policy or contract or a flexible limited benefit

20  policy or contract offered or delivered to a small employer

21  unless that law is made expressly applicable to such policies

22  or contracts. A law restricting or limiting deductibles,

23  coinsurance, copayments, or annual or lifetime maximum

24  payments does not apply to any health plan policy, including a

25  standard or basic health benefit plan policy or contract or a

26  flexible benefit policy or contract, offered or delivered to a

27  small employer unless such law is made expressly applicable to

28  such policy or contract. When any flexible benefit health

29  insurance policy or flexible benefit contract provides for the

30  payment for medical expense benefits or procedures, such

31  policy or contract shall be construed to include payment to a

                                  59
    11:29 AM   03/20/02                             s1286c2c-19j03




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  licensed physician or licensed dentist who provides the

  2  medical service benefits or procedures which are within the

  3  scope of a licensed physician's license or licensed dentist's

  4  license. Any limitation or condition placed upon payment to,

  5  or upon services, diagnosis, or treatment by, any licensed

  6  physician shall or licensed dentist apply equally to all

  7  licensed physicians without unfair discrimination to the usual

  8  and customary treatment procedures of any class of physicians

  9  or licensed dentist.

10         (b)  Except as provided in this section, a standard or

11  basic health benefit plan policy or contract or flexible

12  limited benefit policy or contract offered to a small employer

13  is not subject to any provision of this code which:

14         1.  Inhibits a small employer carrier from contracting

15  with providers or groups of providers with respect to health

16  care services or benefits;

17         2.  Imposes any restriction on a small employer

18  carrier's ability to negotiate with providers regarding the

19  level or method of reimbursing care or services provided under

20  a health benefit plan; or

21         3.  Requires a small employer carrier to either include

22  a specific provider or class of providers when contracting for

23  health care services or benefits or to exclude any class of

24  providers that is generally authorized by statute to provide

25  such care.

26         (c)  Any second tier assessment paid by a carrier

27  pursuant to paragraph (11)(j) may be credited against

28  assessments levied against the carrier pursuant to s.

29  627.6494.

30         (d)  Notwithstanding chapter 641, a health maintenance

31  organization is authorized to issue contracts providing

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  1  benefits to a small employer equal to the standard health

  2  benefit plan, the basic health benefit plan, and the flexible

  3  limited benefit policy authorized by this section. Flexible

  4  benefit plans offered by health maintenance organizations

  5  shall contain all group provisions required under chapter 641.

  6         Section 15.  Section 627.911, Florida Statutes, is

  7  amended to read:

  8         627.911  Scope of this part.--Any insurer or health

  9  maintenance organization transacting insurance in this state

10  shall report information as required by this part.

11         Section 16.  Section 627.9175, Florida Statutes, is

12  amended to read:

13         627.9175  Reports of information on health insurance.--

14         (1)  Each authorized health insurer shall submit

15  annually to the department information concerning health

16  insurance coverage being issued or currently in force in this

17  state. The information must include information related to

18  premium, number of policies, and covered lives for such

19  policies and other information necessary for analyzing trends

20  in enrollment, premiums, and claim costs. as to policies of

21  individual health insurance:

22         (a)  The required information must be broken down by

23  market segment, to include:

24         1.  Health insurance issuer company contact

25  information.

26         2.  Information on all health insurance products issued

27  or in force. Such information must include:

28         a.  Direct premiums earned.

29         b.  Direct losses incurred.

30         c.  Direct premiums earned for new business issued

31  during the year.

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  1         d.  Number of policies.

  2         e.  Number of certificates.

  3         f.  Number of total covered lives.

  4         A summary of typical benefits, exclusions, and

  5  limitations for each type of individual policy form currently

  6  being issued in the state.  The summary shall include, as

  7  appropriate:

  8         1.  The deductible amount;

  9         2.  The coinsurance percentage;

10         3.  The out-of-pocket maximum;

11         4.  Outpatient benefits;

12         5.  Inpatient benefits; and

13         6.  Any exclusions for preexisting conditions.

14

15  The department shall determine other appropriate benefits,

16  exclusions, and limitations to be reported for inclusion in

17  the consumer's guide published pursuant to this section.

18         (b)  The department may adopt rules to administer this

19  section, including, but not limited to, rules governing

20  compliance and provisions implementing electronic

21  methodologies for use in furnishing such records or documents.

22  A schedule of rates for each type of individual policy form

23  reflecting typical variations by age, sex, region of the

24  state, or any other applicable factor which is in use and is

25  determined to be appropriate for inclusion by the department.

26

27  The department may shall provide by rule a uniform format for

28  the submission of this information in order to allow for

29  meaningful comparisons of premiums charged for comparable

30  benefits. The department shall publish annually a consumer's

31  guide which summarizes and compares the information required

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  1  to be reported under this subsection.

  2         (2)(a)  The department shall publish annually a

  3  consumer's guide Every insurer transacting health insurance in

  4  this state shall report annually to the department, not later

  5  than April 1, information relating to any measure the insurer

  6  has implemented or proposes to implement during the next

  7  calendar year for the purpose of containing health insurance

  8  costs or cost increases. The reports shall identify each

  9  measure and the forms to which the measure is applied, shall

10  provide an explanation as to how the measure is used, and

11  shall provide an estimate of the cost effect of the measure.

12         (b)  The department shall promulgate forms to be used

13  by insurers in reporting information pursuant to this

14  subsection and shall utilize such forms to analyze the effects

15  of health care cost containment programs used by health

16  insurers in this state.

17         (c)  The department shall analyze the data reported

18  under this subsection and shall annually make available to the

19  public a summary of its findings as to the types of cost

20  containment measures reported and the estimated effect of

21  these measures.

22         Section 17.  Section 627.9403, Florida Statutes, is

23  amended to read:

24         627.9403  Scope.--The provisions of this part shall

25  apply to long-term care insurance policies delivered or issued

26  for delivery in this state, and to policies delivered or

27  issued for delivery outside this state to the extent provided

28  in s. 627.9406, by an insurer, a fraternal benefit society as

29  defined in s. 632.601, a health maintenance organization as

30  defined in s. 641.19, a prepaid health clinic as defined in s.

31  641.402, or a multiple-employer welfare arrangement as defined

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  1  in s. 624.437. A policy which is advertised, marketed, or

  2  offered as a long-term care policy and as a Medicare

  3  supplement policy shall meet the requirements of this part and

  4  the requirements of ss. 627.671-627.675 and, to the extent of

  5  a conflict, be subject to the requirement that is more

  6  favorable to the policyholder or certificateholder. The

  7  provisions of this part shall not apply to a continuing care

  8  contract issued pursuant to chapter 651 and shall not apply to

  9  guaranteed renewable policies issued prior to October 1, 1988.

10  Any limited benefit policy that limits coverage to care in a

11  nursing home or to one or more lower levels of care required

12  or authorized to be provided by this part or by department

13  rule must meet all requirements of this part that apply to

14  long-term care insurance policies, except ss. 627.9407(3)(c)

15  and (d), (9), (10)(f), and (12) and 627.94073(2). If the

16  limited benefit policy does not provide coverage for care in a

17  nursing home, but does provide coverage for one or more lower

18  levels of care, the policy shall also be exempt from the

19  requirements of s. 627.9407(3)(d).

20         Section 18.  Section 627.9408, Florida Statutes, is

21  amended to read:

22         627.9408  Rules.--

23         (1)  The department may has authority to adopt rules

24  pursuant to ss. 120.536(1) and 120.54 to administer implement

25  the provisions of this part.

26         (2)  The department may adopt by rule the provisions of

27  the Long-Term Care Insurance Model Regulation adopted by the

28  National Association of Insurance Commissioners in the second

29  quarter of the year 2000 which are not in conflict with the

30  Florida Insurance Code.

31         Section 19.  Paragraph (e) of subsection (1) of section

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  1  641.185, Florida Statutes, is amended to read:

  2         641.185  Health maintenance organization subscriber

  3  protections.--

  4         (1)  With respect to the provisions of this part and

  5  part III, the principles expressed in the following statements

  6  shall serve as standards to be followed by the Department of

  7  Insurance and the Agency for Health Care Administration in

  8  exercising their powers and duties, in exercising

  9  administrative discretion, in administrative interpretations

10  of the law, in enforcing its provisions, and in adopting

11  rules:

12         (e)  A health maintenance organization subscriber

13  should receive timely, concise information regarding the

14  health maintenance organization's reimbursement to providers

15  and services pursuant to ss. 641.31 and 641.31015 and should

16  receive prompt payment from the organization pursuant to s.

17  641.3155.

18         Section 20.  Subsection (4) is added to section

19  641.234, Florida Statutes, to read:

20         641.234  Administrative, provider, and management

21  contracts.--

22         (4)(a)  If a health maintenance organization, through a

23  health care risk contract, transfers to any entity the

24  obligations to pay any provider for any claims arising from

25  services provided to or for the benefit of any subscriber of

26  the organization, the health maintenance organization shall

27  remain responsible for any violations of ss. 641.3155,

28  641.3156, and 641.51(4). The provisions of ss.

29  624.418-624.4211 and 641.52 shall apply to any such

30  violations.

31         (b)  As used in this subsection, the term:

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  1         1.  "Health care risk contract" means a contract under

  2  which an entity receives compensation in exchange for

  3  providing to the health maintenance organization a provider

  4  network or other services, which may include administrative

  5  services.

  6         2.  "Entity" means a person licensed as an

  7  administrator under s. 626.88 and does not include any

  8  provider or group practice, as defined in s. 456.053,

  9  providing services under the scope of the license of the

10  provider or the members of the group practice.

11         Section 21.  Subsection (1) of section 641.30, Florida

12  Statutes, is amended to read:

13         641.30  Construction and relationship to other laws.--

14         (1)  Every health maintenance organization shall accept

15  the standard health claim form prescribed pursuant to s.

16  641.3155 s. 627.647.

17         Section 22.  Paragraphs (b) and (d) of subsection (3)

18  of section 641.31, Florida Statutes, are amended, and

19  paragraph (f) is added to that subsection, to read:

20         641.31  Health maintenance contracts.--

21         (3)

22         (b)  Any change in the rate is subject to paragraph (d)

23  and requires at least 30 days' advance written notice to the

24  subscriber. In the case of a group member, there may be a

25  contractual agreement with the health maintenance organization

26  to have the employer provide the required notice to the

27  individual members of the group. This paragraph does not apply

28  to a group contract covering 51 or more persons unless the

29  rate is for any coverage under which the increase in claim

30  costs over the lifetime of the contract due to advancing age

31  or duration is prefunded in the premium.

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  1         (d)  Any change in rates charged for the contract must

  2  be filed with the department not less than 30 days in advance

  3  of the effective date. At the expiration of such 30 days, the

  4  rate filing shall be deemed approved unless prior to such time

  5  the filing has been affirmatively approved or disapproved by

  6  order of the department pursuant to s. 627.411. The approval

  7  of the filing by the department constitutes a waiver of any

  8  unexpired portion of such waiting period. The department may

  9  extend by not more than an additional 15 days the period

10  within which it may so affirmatively approve or disapprove any

11  such filing, by giving notice of such extension before

12  expiration of the initial 30-day period. At the expiration of

13  any such period as so extended, and in the absence of such

14  prior affirmative approval or disapproval, any such filing

15  shall be deemed approved.

16         (f)  A health maintenance organization that has fewer

17  than 1,000 covered subscribers under all individual or group

18  contracts at the time of a rate filing may file for an annual

19  rate increase limited to annual medical trend, as adopted by

20  the department. The filing is in lieu of the actuarial

21  memorandum otherwise required for the rate filing. The filing

22  must include forms adopted by the department and a

23  certification by an officer of the company that the filing

24  includes all similar forms.

25         Section 23.  Subsections (1) and (3) of section

26  641.3111, Florida Statutes, are amended to read:

27         641.3111  Extension of benefits.--

28         (1)  Every group health maintenance contract shall

29  provide that termination of the contract shall be without

30  prejudice to any continuous loss which commenced while the

31  contract was in force, but any extension of benefits beyond

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  1  the period the contract was in force may be predicated upon

  2  the continuous total disability of the subscriber and may be

  3  limited to payment for the treatment of a specific accident or

  4  illness incurred while the subscriber was a member. The

  5  extension is required regardless of whether the group contract

  6  holder or other entity secures replacement coverage from a new

  7  insurer or health maintenance organization or foregoes the

  8  provision of coverage. The required provision must provide for

  9  continuation of contract benefits in connection with the

10  treatment of a specific accident or illness incurred while the

11  contract was in effect. Such extension of benefits may be

12  limited to the occurrence of the earliest of the following

13  events:

14         (a)  The expiration of 12 months.

15         (b)  Such time as the member is no longer totally

16  disabled.

17         (c)  A succeeding carrier elects to provide replacement

18  coverage without limitation as to the disability condition.

19         (d)  The maximum benefits payable under the contract

20  have been paid.

21         (3)  In the case of maternity coverage, when not

22  covered by the succeeding carrier, a reasonable extension of

23  benefits or accrued liability provision is required, which

24  provision provides for continuation of the contract benefits

25  in connection with maternity expenses for a pregnancy that

26  commenced while the policy was in effect.  The extension shall

27  be for the period of that pregnancy and shall not be based

28  upon total disability.

29         Section 24.  Subsection (4) of section 641.3154,

30  Florida Statutes, is amended to read:

31         641.3154  Organization liability; provider billing

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  1  prohibited.--

  2         (4)  A provider or any representative of a provider,

  3  regardless of whether the provider is under contract with the

  4  health maintenance organization, may not collect or attempt to

  5  collect money from, maintain any action at law against, or

  6  report to a credit agency a subscriber of an organization for

  7  payment of services for which the organization is liable, if

  8  the provider in good faith knows or should know that the

  9  organization is liable. This prohibition applies during the

10  pendency of any claim for payment made by the provider to the

11  organization for payment of the services and any legal

12  proceedings or dispute resolution process to determine whether

13  the organization is liable for the services if the provider is

14  informed that such proceedings are taking place. It is

15  presumed that a provider does not know and should not know

16  that an organization is liable unless:

17         (a)  The provider is informed by the organization that

18  it accepts liability;

19         (b)  A court of competent jurisdiction determines that

20  the organization is liable; or

21         (c)  The department or agency makes a final

22  determination that the organization is required to pay for

23  such services subsequent to a recommendation made by the

24  Statewide Provider and Subscriber Assistance Panel pursuant to

25  s. 408.7056; or

26         (d)  The agency issues a final order that the

27  organization is required to pay for such services subsequent

28  to a recommendation made by a resolution organization pursuant

29  to s. 408.7057.

30         Section 25.  Section 641.3155, Florida Statutes, is

31  amended to read:

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  1         (Substantial rewording of section. See

  2         s. 641.3155, F.S., for present text.)

  3         641.3155  Prompt payment of claims.--

  4         (1)  As used in this section, the term "claim" for a

  5  noninstitutional provider means a paper or electronic billing

  6  instrument submitted to the health maintenance organization's

  7  designated location that consists of the HCFA 1500 data set,

  8  or its successor, that has all mandatory entries for a

  9  physician licensed under chapter 458, chapter 459, chapter

10  460, chapter 461, chapter 463, or chapter 490 or any

11  appropriate billing instrument that has all mandatory entries

12  for any other noninstitutional provider. For institutional

13  providers, "claim" means a paper or electronic billing

14  instrument submitted to the health maintenance organization's

15  designated location that consists of the UB-92 data set or its

16  successor, with entries stated as mandatory by the National

17  Uniform Billing Committee.

18         (2)  All claims for payment, whether electronic or

19  nonelectronic:

20         (a)  Are considered received on the date the claim is

21  received by the organization at its designated claims receipt

22  location.

23         (b)  Must be mailed or electronically transferred to an

24  organization within 6 months after completion of the service

25  and the provider is furnished with the correct name and

26  address of the patient's health insurer. If a provider's claim

27  is submitted electronically, it is considered made on the date

28  it is electronically transferred.

29         (c)  Must not duplicate a claim previously submitted

30  unless it is determined that the original claim was not

31  received or is otherwise lost.

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  1         (3)  For all electronically submitted claims, a health

  2  maintenance organization shall:

  3         (a)  Within 24 hours after the beginning of the next

  4  business day after receipt of the claim, provide electronic

  5  acknowledgment of the receipt of the claim to the electronic

  6  source submitting the claim.

  7         (b)  Within 20 days after receipt of the claim, pay the

  8  claim or notify a provider or designee if a claim is denied or

  9  contested.  Notice of the organization's action on the claim

10  and payment of the claim is considered to be made on the date

11  the notice or payment was mailed or electronically

12  transferred.

13         (c)1.  Notification of the health maintenance

14  organization's determination of a contested claim must be

15  accompanied by an itemized list of additional information or

16  documents the insurer can reasonably determine are necessary

17  to process the claim.

18         2.  A provider must submit the additional information

19  or documentation, as specified on the itemized list, within 35

20  days after receipt of the notification. Failure of a provider

21  to submit by mail or electronically the additional information

22  or documentation requested within 35 days after receipt of the

23  notification may result in denial of the claim.

24         3.  A health maintenance organization may not make more

25  than one request for documents under this paragraph in

26  connection with a claim, unless the provider fails to submit

27  all of the requested documents to process the claim or if

28  documents submitted by the provider raise new additional

29  issues not included in the original written itemization, in

30  which case the health maintenance organization may provide the

31  provider with one additional opportunity to submit the

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  1  additional documents needed to process the claim.  In no case

  2  may the health maintenance organization request duplicate

  3  documents.

  4         (d)  For purposes of this subsection, electronic means

  5  of transmission of claims, notices, documents, forms, and

  6  payment shall be used to the greatest extent possible by the

  7  health maintenance organization and the provider.

  8         (e)  A claim must be paid or denied within 90 days

  9  after receipt of the claim. Failure to pay or deny a claim

10  within 120 days after receipt of the claim creates an

11  uncontestable obligation to pay the claim.

12         (4)  For all nonelectronically submitted claims, a

13  health maintenance organization shall:

14         (a)  Effective November 1, 2003, provide

15  acknowledgement of receipt of the claim within 15 days after

16  receipt of the claim to the provider or designee or provide a

17  provider or designee within 15 days after receipt with

18  electronic access to the status of a submitted claim.

19         (b)  Within 40 days after receipt of the claim, pay the

20  claim or notify a provider or designee if a claim is denied or

21  contested.  Notice of the health maintenance organization's

22  action on the claim and payment of the claim is considered to

23  be made on the date the notice or payment was mailed or

24  electronically transferred.

25         (c)1.  Notification of the health maintenance

26  organization's determination of a contested claim must be

27  accompanied by an itemized list of additional information or

28  documents the organization can reasonably determine are

29  necessary to process the claim.

30         2.  A provider must submit the additional information

31  or documentation, as specified on the itemized list, within 35

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  1  days after receipt of the notification. Failure of a provider

  2  to submit by mail or electronically the additional information

  3  or documentation requested within 35 days after receipt of the

  4  notification may result in denial of the claim.

  5         3.  A health maintenance organization may not make more

  6  than one request for documents under this paragraph in

  7  connection with a claim unless the provider fails to submit

  8  all of the requested documents to process the claim or if

  9  documents submitted by the provider raise new additional

10  issues not included in the original written itemization, in

11  which case the health maintenance organization may provide the

12  provider with one additional opportunity to submit the

13  additional documents needed to process the claim.  In no case

14  may the health maintenance organization request duplicate

15  documents.

16         (d)  For purposes of this subsection, electronic means

17  of transmission of claims, notices, documents, forms, and

18  payments shall be used to the greatest extent possible by the

19  health maintenance organization and the provider.

20         (e)  A claim must be paid or denied within 120 days

21  after receipt of the claim. Failure to pay or deny a claim

22  within 140 days after receipt of the claim creates an

23  uncontestable obligation to pay the claim.

24         (5)  If a health maintenance organization determines

25  that it has made an overpayment to a provider for services

26  rendered to a subscriber, the health maintenance organization

27  must make a claim for such overpayment to the provider's

28  designated location.  A health maintenance organization that

29  makes a claim for overpayment to a provider under this section

30  shall give the provider a written or electronic statement

31  specifying the basis for the retroactive denial or payment

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  1  adjustment.  The health maintenance organization must identify

  2  the claim or claims, or overpayment claim portion thereof, for

  3  which a claim for overpayment is submitted.

  4         (a)  If an overpayment determination is the result of

  5  retroactive review or audit of coverage decisions or payment

  6  levels not related to fraud, a health maintenance organization

  7  shall adhere to the following procedures:

  8         1.  All claims for overpayment must be submitted to a

  9  provider within 30 months after the health maintenance

10  organization's payment of the claim. A provider must pay,

11  deny, or contest the health maintenance organization's claim

12  for overpayment within 40 days after the receipt of the claim.

13  All contested claims for overpayment must be paid or denied

14  within 120 days after receipt of the claim. Failure to pay or

15  deny overpayment and claim within 140 days after receipt

16  creates an uncontestable obligation to pay the claim.

17         2.  A provider that denies or contests a health

18  maintenance organization's claim for overpayment or any

19  portion of a claim shall notify the organization, in writing,

20  within 35 days after the provider receives the claim that the

21  claim for overpayment is contested or denied.  The notice that

22  the claim for overpayment is denied or contested must identify

23  the contested portion of the claim and the specific reason for

24  contesting or denying the claim and, if contested, must

25  include a request for additional information.  If the

26  organization submits additional information, the organization

27  must, within 35 days after receipt of the request, mail or

28  electronically transfer the information to the provider.  The

29  provider shall pay or deny the claim for overpayment within 45

30  days after receipt of the information.  The notice is

31  considered made on the date the notice is mailed or

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  1  electronically transferred by the provider.

  2         3.  Failure of a health maintenance organization to

  3  respond to a provider's contestment of claim or request for

  4  additional information regarding the claim within 35 days

  5  after receipt of such notice may result in denial of the

  6  claim.

  7         4.  The health maintenance organization may not reduce

  8  payment to the provider for other services unless the provider

  9  agrees to the reduction in writing or fails to respond to the

10  health maintenance organization's overpayment claim as

11  required by this paragraph.

12         5.  Payment of an overpayment claim is considered made

13  on the date the payment was mailed or electronically

14  transferred.  An overdue payment of a claim bears simple

15  interest at the rate of 12 percent per year.  Interest on an

16  overdue payment for a claim for an overpayment payment begins

17  to accrue when the claim should have been paid, denied, or

18  contested.

19         (b)  A claim for overpayment shall not be permitted

20  beyond 30 months after the health maintenance organization's

21  payment of a claim, except that claims for overpayment may be

22  sought beyond that time from providers convicted of fraud

23  pursuant to s. 817.234.

24         (6)  Payment of a claim is considered made on the date

25  the payment was mailed or electronically transferred. An

26  overdue payment of a claim bears simple interest of 12 percent

27  per year. Interest on an overdue payment for a claim or for

28  any portion of a claim begins to accrue when the claim should

29  have been paid, denied, or contested.  The interest is payable

30  with the payment of the claim.

31         (7)(a)  For all contracts entered into or renewed on or

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  1  after October 1, 2002, a health maintenance organization's

  2  internal dispute resolution process related to a denied claim

  3  not under active review by a mediator, arbitrator, or

  4  third-party dispute entity must be finalized within 60 days

  5  after the receipt of the provider's request for review or

  6  appeal.

  7         (b)  All claims to a health maintenance organization

  8  begun after October 1, 2000, not under active review by a

  9  mediator, arbitrator, or third-party dispute entity, shall

10  result in a final decision on the claim by the health

11  maintenance organization by January 2, 2003, for the purpose

12  of the statewide provider and managed care organization claim

13  dispute resolution program pursuant to s. 408.7057.

14         (8)  A provider or any representative of a provider,

15  regardless of whether the provider is under contract with the

16  health maintenance organization, may not collect or attempt to

17  collect money from, maintain any action at law against, or

18  report to a credit agency a subscriber for payment of covered

19  services for which the health maintenance organization

20  contested or denied the provider's claim. This prohibition

21  applies during the pendency of any claim for payment made by

22  the provider to the health maintenance organization for

23  payment of the services or internal dispute resolution process

24  to determine whether the health maintenance organization is

25  liable for the services. For a claim, this pendency applies

26  from the date the claim or a portion of the claim is denied to

27  the date of the completion of the health maintenance

28  organization's internal dispute resolution process, not to

29  exceed 60 days.

30         (9)  The provisions of this section may not be waived,

31  voided, or nullified by contract.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1         (10)  A health maintenance organization may not

  2  retroactively deny a claim because of subscriber ineligibility

  3  more than 1 year after the date of payment of the claim.

  4         (11)  A health maintenance organization shall pay a

  5  contracted primary care or admitting physician, pursuant to

  6  such physician's contract, for providing inpatient services in

  7  a contracted hospital to a subscriber if such services are

  8  determined by the health maintenance organization to be

  9  medically necessary and covered services under the health

10  maintenance organization's contract with the contract holder.

11         (12)  Upon written notification by a subscriber, a

12  health maintenance organization shall investigate any claim of

13  improper billing by a physician, hospital, or other health

14  care provider. The organization shall determine if the

15  subscriber was properly billed for only those procedures and

16  services that the subscriber actually received. If the

17  organization determines that the subscriber has been

18  improperly billed, the organization shall notify the

19  subscriber and the provider of its findings and shall reduce

20  the amount of payment to the provider by the amount determined

21  to be improperly billed. If a reduction is made due to such

22  notification by the insured, the insurer shall pay to the

23  insured 20 percent of the amount of the reduction up to $500.

24         (13)  A permissible error ratio of 5 percent is

25  established for health maintenance organizations' claims

26  payment violations of s. 641.3155(3)(a), (b), (c), and (e) and

27  (4)(a), (b), (c), and (e).  If the error ratio of a particular

28  insurer does not exceed the permissible error ratio of 5

29  percent for an audit period, no fine shall be assessed for the

30  noted claims violations for the audit period.  The error ratio

31  shall be determined by dividing the number of claims with

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  violations found on a statistically valid sample of claims for

  2  the audit period by the total number of claims in the sample.

  3  If the error ratio exceeds the permissible error ratio of 5

  4  percent, a fine may be assessed according to s. 624.4211 for

  5  those claims payment violations which exceed the error ratio.

  6  Notwithstanding the provisions of this section, the department

  7  may fine a health maintenance organization for claims payment

  8  violations of s. 641.3155(3)(e) and (4)(e) which create an

  9  uncontestable obligation to pay the claim.  The department

10  shall not fine organizations for violations which the

11  department determines were due to circumstances beyond the

12  organization's control.

13         (14)  This section shall apply to all claims or any

14  portion of a claim submitted by a health maintenance

15  organization subscriber under a health maintenance

16  organization subscriber contract to the organization for

17  payment.

18         (15)  Notwithstanding s. 641.3155(3)(b), where an

19  electronic pharmacy claim is submitted to a pharmacy benefits

20  manager acting on behalf of a health maintenance organization

21  the pharmacy benefits manager shall, within 30 days of receipt

22  of the claim, pay the claim or notify a provider or designee

23  if a claim is denied or contested.  Notice of the

24  organization's action on the claim and payment of the claim is

25  considered to be made on the date the notice or payment was

26  mailed or electronically transferred.

27         (16)  Notwithstanding s. 641.3155(4)(a), effective

28  November 1, 2003, where a nonelectronic pharmacy claim is

29  submitted to a pharmacy benefits manager acting on behalf of a

30  health maintenance organization the pharmacy benefits manager

31  shall provide acknowledgment of receipt of the claim within 30

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1  days after receipt of the claim to the provider or provide a

  2  provider within 30 days after receipt with electronic access

  3  to the status of a submitted claim.

  4         Section 26.  Subsection (12) of section 641.51, Florida

  5  Statutes, is amended to read:

  6         641.51  Quality assurance program; second medical

  7  opinion requirement.--

  8         (12)  If a contracted primary care physician, licensed

  9  under chapter 458 or chapter 459, determines and the

10  organization determine that a subscriber requires examination

11  by a licensed ophthalmologist for medically necessary,

12  contractually covered services, then the organization shall

13  authorize the contracted primary care physician to send the

14  subscriber to a contracted licensed ophthalmologist.

15         Section 27.  Except as otherwise provided in this act,

16  this act shall take effect October 1, 2002, and shall apply to

17  claims for services rendered after such date.

18

19

20  ================ T I T L E   A M E N D M E N T ===============

21  And the title is amended as follows:

22         Delete everything before the enacting clause

23

24  and insert:

25                      A bill to be entitled

26         An act relating to health care providers and

27         insurers; providing legislative findings and

28         legislative intent; defining terms; providing

29         for a pilot program for health flex plans for

30         certain uninsured persons; providing criteria;

31         authorizing the Agency for Health Care

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1         Administration and the Department of Insurance

  2         to adopt rules; exempting approved health flex

  3         plans from certain licensing requirements;

  4         providing criteria for eligibility to enroll in

  5         a health flex plan; requiring health flex plan

  6         providers to maintain certain records;

  7         providing requirements for denial, nonrenewal,

  8         or cancellation of coverage; specifying that

  9         coverage under an approved health flex plan is

10         not an entitlement; providing for civil actions

11         against health plan entities by the Agency for

12         Health Care Administration under certain

13         circumstances; amending s. 408.7057, F.S.;

14         redesignating a program title; revising

15         definitions; including preferred provider

16         organizations and health insurers in the claim

17         dispute resolution program; specifying

18         timeframes for submission of supporting

19         documentation necessary for dispute resolution;

20         providing consequences for failure to comply;

21         providing additional responsibilities for the

22         agency relating to patterns of claim disputes;

23         providing timeframes for review by the

24         resolution organization; directing the agency

25         to notify appropriate licensure and

26         certification entities as part of violation of

27         final orders; amending s. 456.053, F.S., the

28         "Patient Self-Referral Act of 1992"; redefining

29         the term "referral" by revising the list of

30         practices that constitute exceptions; amending

31         s. 626.88, F.S.; redefining the term

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1         "administrator," with respect to regulation of

  2         insurance administrators; amending s. 627.410,

  3         F.S.; exempting group health insurance policies

  4         insuring groups of a certain size from

  5         rate-filing requirements; providing alternative

  6         rate-filing requirements for insurers having

  7         fewer than a specified number of nationwide

  8         policyholders or members; amending s. 627.411,

  9         F.S.; revising the grounds for the disapproval

10         of insurance policy forms; providing that a

11         health insurance policy form may be disapproved

12         if it results in certain rate increases;

13         specifying allowable new business rates and

14         renewal rates if rate increases exceed certain

15         levels; authorizing the Department of Insurance

16         to determine medical trend for purposes of

17         approving rate filings; creating s. 627.6131,

18         F.S.; specifying payment of claims provisions

19         applicable to certain health insurers;

20         providing a definition; providing requirements

21         and procedures for paying, denying, or

22         contesting claims; providing criteria and

23         limitations; requiring payment within specified

24         periods; specifying rate of interest charged on

25         overdue payments; providing for electronic and

26         nonelectronic transmission of claims; providing

27         procedures for overpayment recovery; specifying

28         timeframes for adjudication of claims,

29         internally and externally; prohibiting action

30         to collect payment from an insured under

31         certain circumstances; providing applicability;

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1         prohibiting contractual modification of

  2         provisions of law; specifying circumstances for

  3         retroactive claim denial; specifying claim

  4         payment requirements; providing for billing

  5         review procedures; specifying claim content

  6         requirements; establishing a permissible error

  7         ratio, specifying its applicability, and

  8         providing for fines; providing specified

  9         exceptions from notice and acknowledgment

10         requirements for pharmacy benefit manager

11         claims; amending s. 627.6425, F.S., relating to

12         renewability of individual coverage; providing

13         for circumstances relating to nonrenewal or

14         discontinuance of coverage; amending s.

15         627.6475, F.S.; revising criteria for

16         reinsuring individuals under an individual

17         health reinsurance program; amending s.

18         627.651, F.S.; correcting a cross-reference, to

19         conform; amending s. 627.662, F.S.; specifying

20         application of certain additional provisions to

21         group, blanket, and franchise health insurance;

22         amending s. 627.667, F.S.; deleting an

23         exception to an extension-of-benefits

24         application provision for out-of-state group

25         policies; amending s. 627.6692, F.S.; extending

26         a time period for premium payment for

27         continuation of coverage; amending s. 627.6699,

28         F.S.; redefining terms; allowing carriers to

29         separate the experience of small-employer

30         groups having fewer than two employees;

31         authorizing certain small employers to enroll

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1         with alternate carriers under certain

  2         circumstances; revising certain criteria of the

  3         small-employer health reinsurance program;

  4         requiring the Insurance Commissioner to appoint

  5         a health benefit plan committee to modify the

  6         standard, basic, and flexible health benefit

  7         plans; revising certain disclosure

  8         requirements; providing additional notice

  9         requirements; revising the disclosure that a

10         carrier must make to a small employer upon

11         offering certain policies; prohibiting

12         small-employer carriers from using certain

13         policies, contracts, forms, or rates unless

14         filed with and approved by the Department of

15         Insurance pursuant to certain provisions;

16         restricting application of certain laws to

17         flexible benefit policies under certain

18         circumstances; amending s. 627.6425, F.S.;

19         revising provisions permitting an insurer to

20         nonrenew or discontinue coverage; authorizing

21         offering or delivering flexible benefit

22         policies or contracts to certain employers;

23         providing requirements for benefits in flexible

24         benefit policies or contracts for small

25         employers; amending s. 627.911, F.S.; including

26         health maintenance organizations under certain

27         information-reporting requirements; amending s.

28         627.9175, F.S.; revising health insurance

29         reporting requirements for insurers; amending

30         s. 627.9403, F.S.; clarifying application of

31         exceptions to certain long-term-care insurance

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1         policy requirements for certain limited-benefit

  2         policies; amending s. 627.9408, F.S.;

  3         authorizing the department to adopt by rule

  4         certain provisions of the Long-Term Care

  5         Insurance Model Regulation, as adopted by the

  6         National Association of Insurance

  7         Commissioners; amending s. 641.185, F.S.;

  8         specifying that health maintenance organization

  9         subscribers should receive prompt payment from

10         the organization; amending s. 641.234, F.S.;

11         specifying responsibility of a health

12         maintenance organization for certain violations

13         under certain circumstances; amending s.

14         641.30, F.S.; conforming a cross-reference;

15         amending s. 641.31, F.S.; exempting contracts

16         of group health maintenance organizations

17         covering a specified number of persons from the

18         requirements of filing with the department;

19         specifying the standards for department

20         approval and disapproval of a change in rates

21         by a health maintenance organization; providing

22         alternative rate-filing requirements for

23         organizations having fewer than a specified

24         number of subscribers; amending s. 641.3111,

25         F.S.; revising extension-of-benefits

26         requirements for group health maintenance

27         contracts; amending s. 641.3154, F.S.;

28         modifying the circumstances under which a

29         provider knows that an organization is liable

30         for service reimbursement; amending s.

31         641.3155, F.S.; revising payment of claims

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 1286, 1134 & 1008

    Amendment No. ___   Barcode 792028





  1         provisions applicable to certain health

  2         maintenance organizations; providing a

  3         definition; providing requirements and

  4         procedures for paying, denying, or contesting

  5         claims; providing criteria and limitations;

  6         requiring payment within specified periods;

  7         revising rate of interest charged on overdue

  8         payments; providing for electronic and

  9         nonelectronic transmission of claims; providing

10         procedures for overpayment recovery; specifying

11         timeframes for adjudication of claims,

12         internally and externally; prohibiting action

13         to collect payment from a subscriber under

14         certain circumstances; prohibiting contractual

15         modification of provisions of law; specifying

16         circumstances for retroactive claim denial;

17         specifying claim payment requirements;

18         providing for billing review procedures;

19         specifying claim content requirements;

20         establishing a permissible error ratio,

21         specifying its applicability, and providing for

22         fines; providing specified exceptions from

23         notice and acknowledgment requirements for

24         pharmacy benefit manager claims; amending s.

25         641.51, F.S.; revising provisions governing

26         examinations by ophthalmologists; providing

27         effective dates.

28

29

30

31

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