Senate Bill sb2678c2

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    Florida Senate - 2003                    CS for CS for SB 2678

    By the Committees on Banking and Insurance; Health, Aging, and
    Long-Term Care; and Senator Saunders




    311-2515-03

  1                      A bill to be entitled

  2         An act relating to health care practice

  3         parameters; repealing s. 408.02, F.S., relating

  4         to practice parameters; amending s. 440.13,

  5         F.S.; providing for practice parameters and

  6         protocols; amending ss. 440.134, 627.6418,

  7         627.6613, F.S., relating to worker's

  8         compensation managed care plans and health

  9         insurance policy coverage for mammograms;

10         removing references and legislative intent, to

11         conform; providing legislative intent that the

12         statutory requirements conform to certain

13         parameters relating to mammograms; providing an

14         effective date.

15  

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

17  

18         Section 1.  Section 408.02, Florida Statutes, is

19  repealed.

20         Section 2.  Subsection (15) of section 440.13, Florida

21  Statutes, is amended to read:

22         440.13  Medical services and supplies; penalty for

23  violations; limitations.--

24         (15)  PRACTICE PARAMETERS.--The practice parameters and

25  protocols mandated under this chapter shall be the Workers'

26  Compensation Utilization Management Standards adopted by the

27  American Accreditation Health Care Commission in effect on

28  January 1, 2003.

29         (a)  The Agency for Health Care Administration, in

30  conjunction with the department and appropriate health

31  professional associations and health-related organizations

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    Florida Senate - 2003                    CS for CS for SB 2678
    311-2515-03




 1  shall develop and may adopt by rule scientifically sound

 2  practice parameters for medical procedures relevant to

 3  workers' compensation claimants. Practice parameters developed

 4  under this section must focus on identifying effective

 5  remedial treatments and promoting the appropriate utilization

 6  of health care resources. Priority must be given to those

 7  procedures that involve the greatest utilization of resources

 8  either because they are the most costly or because they are

 9  the most frequently performed. Practice parameters for

10  treatment of the 10 top procedures associated with workers'

11  compensation injuries including the remedial treatment of

12  lower-back injuries must be developed by December 31, 1994.

13         (b)  The guidelines may be initially based on

14  guidelines prepared by nationally recognized health care

15  institutions and professional organizations but should be

16  tailored to meet the workers' compensation goal of returning

17  employees to full employment as quickly as medically possible,

18  taking into consideration outcomes data collected from managed

19  care providers and any other inpatient and outpatient

20  facilities serving workers' compensation claimants.

21         (c)  Procedures must be instituted which provide for

22  the periodic review and revision of practice parameters based

23  on the latest outcomes data, research findings, technological

24  advancements, and clinical experiences, at least once every 3

25  years.

26         (d)  Practice parameters developed under this section

27  must be used by carriers and the agency in evaluating the

28  appropriateness and overutilization of medical services

29  provided to injured employees.

30         Section 3.  Subsection (11) of section 440.134, Florida

31  Statutes, is amended to read:

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    Florida Senate - 2003                    CS for CS for SB 2678
    311-2515-03




 1         440.134  Workers' compensation managed care

 2  arrangement.--

 3         (11)  A description of the use of workers' compensation

 4  practice parameters and protocols for treatment for health

 5  care services when adopted by the agency.

 6         Section 4.  Subsection (1) of section 627.6418, Florida

 7  Statutes, is amended to read:

 8         627.6418  Coverage for mammograms.--

 9         (1)  An accident or health insurance policy issued,

10  amended, delivered, or renewed in this state must provide

11  coverage for at least the following:

12         (a)  A baseline mammogram for any woman who is 35 years

13  of age or older, but younger than 40 years of age.

14         (b)  A mammogram every 2 years for any woman who is 40

15  years of age or older, but younger than 50 years of age, or

16  more frequently based on the patient's physician's

17  recommendation.

18         (c)  A mammogram every year for any woman who is 50

19  years of age or older.

20         (d)  One or more mammograms a year, based upon a

21  physician's recommendation, for any woman who is at risk for

22  breast cancer because of a personal or family history of

23  breast cancer, because of having a history of biopsy-proven

24  benign breast disease, because of having a mother, sister, or

25  daughter who has or has had breast cancer, or because a woman

26  has not given birth before the age of 30.

27  

28  It is the intent of the Legislature that, the requirements of

29  this section conform to the practice parameters relating to

30  mammograms as recognized by the United States Agency for

31  Healthcare Research and Quality when practice parameters for

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    Florida Senate - 2003                    CS for CS for SB 2678
    311-2515-03




 1  the delivery of mammography services are developed pursuant to

 2  s. 408.02(7), the Legislature review the requirements of this

 3  section and conform to the practice parameters.

 4         Section 5.  Subsection (1) of section 627.6613, Florida

 5  Statutes, is amended to read:

 6         627.6613  Coverage for mammograms.--

 7         (1)  A group, blanket, or franchise accident or health

 8  insurance policy issued, amended, delivered, or renewed in

 9  this state must provide coverage for at least the following:

10         (a)  A baseline mammogram for any woman who is 35 years

11  of age or older, but younger than 40 years of age.

12         (b)  A mammogram every 2 years for any woman who is 40

13  years of age or older, but younger than 50 years of age, or

14  more frequently based on the patient's physician's

15  recommendation.

16         (c)  A mammogram every year for any woman who is 50

17  years of age or older.

18         (d)  One or more mammograms a year, based upon a

19  physician's recommendation, for any woman who is at risk for

20  breast cancer because of a personal or family history of

21  breast cancer, because of having a history of biopsy-proven

22  benign breast disease, because of having a mother, sister, or

23  daughter who has or has had breast cancer, or because a woman

24  has not given birth before the age of 30.

25  

26  It is the intent of the Legislature that the requirements of

27  this section conform to the practice parameters relating to

28  mammograms as recognized by the United States Agency for

29  Healthcare Research and Quality, when practice parameters for

30  the delivery of mammography services are developed pursuant to

31  

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    Florida Senate - 2003                    CS for CS for SB 2678
    311-2515-03




 1  s. 408.02(7), the Legislature review the requirements of this

 2  section and conform to the practice parameters.

 3         Section 6.  This act shall take effect upon becoming a

 4  law.

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 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                     CS for Senate Bill 2678

 8                                 

 9  The committee substitute requires the Workers' Compensation
    Utilization Management Standards, as adopted by the American
10  Accreditation Health Care Commission, to be the practice
    parameters mandated under ch. 440, F.S.
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