Senate Bill sb0154

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    Florida Senate - 2003                                   SB 154

    By Senator Campbell





    32-139-03

  1                      A bill to be entitled

  2         An act relating to managed health care;

  3         providing a short title; prohibiting the

  4         contract between a managed care plan and a

  5         health care provider from containing provisions

  6         allowing the managed care plan to change a

  7         material term of the contract; providing

  8         certain exceptions; requiring that a managed

  9         care plan notify a provider within a specified

10         period of its intent to change a material term;

11         providing certain exceptions; prohibiting

12         additional provisions in the contract which

13         require a provider to accept additional

14         patients or comply with certain programs or

15         procedures without prior disclosure; providing

16         certain exceptions; prohibiting certain other

17         contract provisions that conflict with state

18         law or confidentiality requirements; providing

19         definitions; specifying acts and omissions

20         constituting grounds for which the Secretary of

21         Health Care Administration may take

22         disciplinary action against a managed care

23         plan; requiring that a proceeding under the act

24         comply with the requirements for notice and a

25         hearing provided in ch. 120, F.S.; providing an

26         effective date.

27  

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

29  

30         Section 1.  Health Care Providers' Bill of Rights.--

31  

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    Florida Senate - 2003                                   SB 154
    32-139-03




 1         (1)  This section may be cited as the "Health Care

 2  Providers' Bill of Rights."

 3         (2)  A contract issued, amended, or renewed on or after

 4  January 1, 2004, between a managed care plan and a health care

 5  provider for the provision of health care services to a plan

 6  enrollee or subscriber may not contain any of the following

 7  terms:

 8         (a)1.  Authority for the managed care plan to change a

 9  material term of the contract, unless the change has first

10  been negotiated and agreed to by the provider and the managed

11  care plan or unless the change is necessary to comply with

12  state or federal law or any accreditation requirements of a

13  private accreditation organization. If a change is made by

14  amending a manual, policy, or procedure document that is

15  referenced in the contract, the managed care plan must provide

16  45 business days' notice to the provider and the provider has

17  the right to negotiate and agree to the change. If the managed

18  care plan and the provider cannot agree to the change to a

19  manual, policy, or procedure document, the provider may

20  terminate the contract prior to implementation of the change.

21  In any event, the managed care plan must provide at least 45

22  business days' notice of its intent to change a material term,

23  unless a change in state or federal law or any accreditation

24  requirements of a private accreditation organization require a

25  shorter timeframe for compliance. However, if the parties

26  mutually agree, the requirement for 45 business days' notice

27  may be waived. This subparagraph does not limit the ability of

28  the parties to mutually agree to the proposed change at any

29  time after the provider has received notice of the proposed

30  change.

31  

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    Florida Senate - 2003                                   SB 154
    32-139-03




 1         2.  If a contract between a provider and a managed care

 2  plan provides benefits to enrollees or subscribers through a

 3  preferred provider arrangement, the contract may contain

 4  provisions permitting a material change to the contract by the

 5  managed care plan if the plan provides at least 45 business

 6  days' notice to the provider of the change and if the provider

 7  has the right to terminate the contract prior to the

 8  implementation of the change.

 9         (b)  A provision that requires a health care provider

10  to accept additional patients beyond the contracted number or

11  in the absence of a number if, in the reasonable professional

12  judgment of the provider, accepting additional patients would

13  endanger patients' access to, or continuity of, care.

14         (c)  A requirement to comply with quality improvement

15  or utilization management programs or procedures of a managed

16  care plan, unless the requirement is fully disclosed to the

17  health care provider at least 15 business days prior to the

18  date the provider executes the contract. However, the managed

19  care plan may make a change to the quality improvement or

20  utilization management programs or procedures at any time if

21  the change is necessary to comply with state or federal law or

22  any accreditation requirements of a private accreditation

23  organization. A change to the quality improvement or

24  utilization management programs or procedures must be made

25  pursuant to paragraph (a).

26         (d)  A provision that waives or conflicts with any

27  provision of chapter 641, Florida Statutes. A provision in the

28  contract that allows the managed care plan to provide

29  professional liability or other coverage or to assume the cost

30  of defending the provider in an action relating to

31  

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    Florida Senate - 2003                                   SB 154
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 1  professional liability or in any other action does not

 2  conflict with or violate this paragraph.

 3         (e)  A requirement to permit access to patient

 4  information in violation of federal or state law concerning

 5  the confidentiality of patient information.

 6         (3)  Any contract provision that violates subsection

 7  (2) is void, unlawful, and unenforceable.

 8         (4)  This section may not be construed or applied as

 9  setting the rate of payment to be included in contracts

10  between managed care plans and health care providers.

11         (5)  As used in this section, the term:

12         (a)  "Health care provider" means any professional

13  person, medical group, independent practice association,

14  organization, health facility, or other person or institution

15  licensed or authorized by the Agency for Health Care

16  Administration to deliver or furnish health care services.

17         (b)  "Material" means a provision in a contract to

18  which a reasonable person would attach importance in

19  determining the action to be taken upon the provision.

20         Section 2.  Grounds for disciplinary action.--

21         (1)  The Secretary of Health Care Administration may,

22  after appropriate notice and opportunity for a hearing, by

23  order suspend or revoke any license issued by the agency to a

24  managed care plan or assess administrative penalties if the

25  secretary finds that the licensee has committed any of the

26  acts or omissions constituting grounds for disciplinary

27  action.

28         (2)  The following acts or omissions constitute grounds

29  for disciplinary action by the secretary:

30         (a)  The managed care plan is operating at variance

31  with the basic organizational documents filed with the agency,

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 1  or with its published plan, or the managed care plan is

 2  operating in any manner contrary to that described in, and

 3  reasonably inferred from, its application for licensure and

 4  annual report, or any modification thereof, unless amendments

 5  allowing the variation have been submitted to, and approved

 6  by, the secretary.

 7         (b)  The managed care plan has issued or uses, or

 8  permits others to use, evidence of coverage or a schedule of

 9  charges for health care services which do not comply with

10  those published in the latest evidence of coverage approved by

11  the agency.

12         (c)  The managed care plan does not provide basic

13  health care services to its enrollees and subscribers as set

14  forth in the evidence of coverage. This paragraph does not

15  apply to a contract for specialized health care services.

16         (d)  The continued operation of the managed care plan

17  will constitute a substantial risk to its subscribers and

18  enrollees.

19         (e)  The managed care plan has violated, attempted to

20  violate, or conspired to violate, directly or indirectly, or

21  assisted in or abetted a violation of or conspiracy to violate

22  any provision of chapter 641, Florida Statutes, any rule

23  adopted by the agency under chapter 641, Florida Statutes, or

24  any order issued by the agency under chapter 641, Florida

25  Statutes.

26         (f)  The managed care plan has engaged in any conduct

27  that constitutes an unfair method of competition or unfair or

28  deceptive act or practice, as defined in section 641.3903,

29  Florida Statutes.

30         (g)  The managed care plan has permitted, or aided or

31  abetted, any violation by an employee or contractor who holds

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 1  a certificate, license, permit, registration, or exemption

 2  which would constitute grounds for discipline against the

 3  holder of the certificate, license, permit, registration, or

 4  exemption.

 5         (h)  The managed care plan has permitted, or aided or

 6  abetted, the commission of any illegal act.

 7         (i)  The managed care plan has engaged the services of

 8  an officer, director, employee, associate, or provider of the

 9  plan in violation of an order issued by the secretary.

10         (j)  The managed care plan has engaged a solicitor or

11  supervisor of solicitation contrary to the provisions of an

12  order issued by the secretary.

13         (k)  The managed care plan, its management company, or

14  any other affiliate of the plan, or any controlling person,

15  officer, director, or other person occupying a principal

16  management or supervisory position in the managed care plan,

17  management company, or affiliate, has been convicted of or has

18  pled nolo contendere to a crime, or committed any act

19  involving dishonesty, fraud, or deceit, which crime or act is

20  substantially related to the qualifications, functions, or

21  duties of a person engaged in business in accordance with

22  chapter 641, Florida Statutes.

23         (l)  The managed care plan has been subject to a final

24  disciplinary action taken by this state, another state, an

25  agency of the federal government, or another country for any

26  act or omission that would constitute a violation of chapter

27  641, Florida Statutes.

28         (m)  The managed care plan has violated any law

29  requiring that medical information be kept confidential.

30         (3)(a)  The secretary may prohibit any person from

31  serving as an officer, director, employee, associate, or

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    Florida Senate - 2003                                   SB 154
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 1  provider of any managed care plan, or of any management

 2  company of a managed care plan, if:

 3         1.  The prohibition is in the public interest and the

 4  person has committed, caused, participated in, or had

 5  knowledge of a violation of chapter 641, Florida Statutes, by

 6  a managed care plan or management company.

 7         2.  The person was an officer, director, employee,

 8  associate, or provider of a managed care plan, or of a

 9  management company, whose license has been suspended or

10  revoked and the person had knowledge of, or participated in,

11  any of the prohibited acts for which the license was suspended

12  or revoked.

13         (b)  A proceeding for issuing an order under this

14  subsection may be included as a part of a proceeding against a

15  managed care plan under this section or may constitute a

16  separate proceeding, subject in either case to subsection (4).

17         (4)  A proceeding under this section requires notice

18  to, and the opportunity for a hearing with regard to, the

19  person affected in accordance with chapter 120, Florida

20  Statutes.

21         Section 3.  This act shall take effect July 1, 2003.

22  

23            *****************************************

24                          SENATE SUMMARY

25    Creates the "Health Care Providers' Bill of Rights."
      Specifies various provisions that may not be included in
26    a contract between a managed care plan and a health care
      provider. Prohibits provisions allowing the managed care
27    plan to change a material term of the contract without
      notice. Prohibits provisions that require a provider to
28    accept additional patients or to comply with certain
      programs or procedures without prior disclosure. Provides
29    exceptions if such changes are necessary to comply with
      state or federal law or with a requirement for
30    accreditation. Specifies acts and omissions that
      constitute grounds for disciplinary action against a
31    managed care plan by the Secretary of Health Care
      Administration. (See bill for details.)
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