Senate Bill sb1066

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    Florida Senate - 2004                                  SB 1066

    By Senator Saunders





    37-771-04

  1                      A bill to be entitled

  2         An act relating to health maintenance

  3         organizations; amending s. 408.7056, F.S.;

  4         changing the name of the Statewide Provider and

  5         Subscriber Assistance Program to the Subscriber

  6         Assistance Program; revising a definition;

  7         requiring certain records and reports to be

  8         provided to the Subscriber Assistance Panel;

  9         providing for penalties; amending s. 641.3154,

10         F.S.; conforming provisions to changes made by

11         the act; amending s. 641.511, F.S.; conforming

12         provisions; adopting the federal claims

13         procedures for certain commercial health

14         maintenance organizations; specifying a

15         coverage date; amending s. 641.58, F.S.;

16         conforming provisions; providing an effective

17         date.

18  

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

20  

21         Section 1.  Section 408.7056, Florida Statutes, is

22  amended to read:

23         408.7056  Statewide Provider and Subscriber Assistance

24  Program.--

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

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

27  Administration.

28         (b)  "Department" means the Department of Financial

29  Services.

30  

31  

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 1         (c)  "Grievance procedure" means an established set of

 2  rules that specify a process for appeal of an organizational

 3  decision.

 4         (d)  "Health care provider" or "provider" means a

 5  state-licensed or state-authorized facility, a facility

 6  principally supported by a local government or by funds from a

 7  charitable organization that holds a current exemption from

 8  federal income tax under s. 501(c)(3) of the Internal Revenue

 9  Code, a licensed practitioner, a county health department

10  established under part I of chapter 154, a prescribed

11  pediatric extended care center defined in s. 400.902, a

12  federally supported primary care program such as a migrant

13  health center or a community health center authorized under s.

14  329 or s. 330 of the United States Public Health Services Act

15  that delivers health care services to individuals, or a

16  community facility that receives funds from the state under

17  the Community Alcohol, Drug Abuse, and Mental Health Services

18  Act and provides mental health services to individuals.

19         (e)  "Managed care entity" means a health maintenance

20  organization or a prepaid health clinic certified under

21  chapter 641, a prepaid health plan authorized under s.

22  409.912, or an exclusive provider organization certified under

23  s. 627.6472.

24         (f)  "Office" means the Office of Insurance Regulation

25  of the Financial Services Commission.

26         (g)  "Panel" means a statewide provider and subscriber

27  assistance panel selected as provided in subsection (11).

28         (2)  The agency shall adopt and implement a program to

29  provide assistance to subscribers and providers, including

30  those whose grievances are not resolved by the managed care

31  entity to the satisfaction of the subscriber or provider. The

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 1  program shall consist of one or more panels that meet as often

 2  as necessary to timely review, consider, and hear grievances

 3  and recommend to the agency or the office any actions that

 4  should be taken concerning individual cases heard by the

 5  panel. The panel shall hear every grievance filed by

 6  subscribers and providers on behalf of subscribers, unless the

 7  grievance:

 8         (a)  Relates to a managed care entity's refusal to

 9  accept a provider into its network of providers;

10         (b)  Is part of an internal grievance in a Medicare

11  managed care entity or a reconsideration appeal through the

12  Medicare appeals process which does not involve a quality of

13  care issue;

14         (c)  Is related to a health plan not regulated by the

15  state such as an administrative services organization,

16  third-party administrator, or federal employee health benefit

17  program;

18         (d)  Is related to appeals by in-plan suppliers and

19  providers, unless related to quality of care provided by the

20  plan;

21         (e)  Is part of a Medicaid fair hearing pursued under

22  42 C.F.R. ss. 431.220 et seq.;

23         (f)  Is the basis for an action pending in state or

24  federal court;

25         (g)  Is related to an appeal by nonparticipating

26  providers, unless related to the quality of care provided to a

27  subscriber by the managed care entity and the provider is

28  involved in the care provided to the subscriber;

29         (h)  Was filed before the subscriber or provider

30  completed the entire internal grievance procedure of the

31  managed care entity, the managed care entity has complied with

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 1  its timeframes for completing the internal grievance

 2  procedure, and the circumstances described in subsection (6)

 3  do not apply;

 4         (i)  Has been resolved to the satisfaction of the

 5  subscriber or provider who filed the grievance, unless the

 6  managed care entity's initial action is egregious or may be

 7  indicative of a pattern of inappropriate behavior;

 8         (j)  Is limited to seeking damages for pain and

 9  suffering, lost wages, or other incidental expenses, including

10  accrued interest on unpaid balances, court costs, and

11  transportation costs associated with a grievance procedure;

12         (k)  Is limited to issues involving conduct of a health

13  care provider or facility, staff member, or employee of a

14  managed care entity which constitute grounds for disciplinary

15  action by the appropriate professional licensing board and is

16  not indicative of a pattern of inappropriate behavior, and the

17  agency, office, or department has reported these grievances to

18  the appropriate professional licensing board or to the health

19  facility regulation section of the agency for possible

20  investigation; or

21         (l)  Is withdrawn by the subscriber or provider.

22  Failure of the subscriber or the provider to attend the

23  hearing shall be considered a withdrawal of the grievance.

24         (3)  The agency shall review all grievances within 60

25  days after receipt and make a determination whether the

26  grievance shall be heard.  Once the agency notifies the panel,

27  the subscriber or provider, and the managed care entity that a

28  grievance will be heard by the panel, the panel shall hear the

29  grievance either in the network area or by teleconference no

30  later than 120 days after the date the grievance was filed.

31  The agency shall notify the parties, in writing, by facsimile

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 1  transmission, or by phone, of the time and place of the

 2  hearing. The panel may take testimony under oath, request

 3  certified copies of documents, and take similar actions to

 4  collect information and documentation that will assist the

 5  panel in making findings of fact and a recommendation. The

 6  panel shall issue a written recommendation, supported by

 7  findings of fact, to the provider or subscriber, to the

 8  managed care entity, and to the agency or the office no later

 9  than 15 working days after hearing the grievance.  If at the

10  hearing the panel requests additional documentation or

11  additional records, the time for issuing a recommendation is

12  tolled until the information or documentation requested has

13  been provided to the panel. The proceedings of the panel are

14  not subject to chapter 120.

15         (4)  If, upon receiving a proper patient authorization

16  along with a properly filed grievance, the agency requests

17  medical records from a health care provider or managed care

18  entity, the health care provider or managed care entity that

19  has custody of the records has 10 days to provide the records

20  to the agency. Records include medical records, communication

21  logs associated with the grievance both to and from the

22  subscriber, contracts, and any other contents of the internal

23  grievance file associated with the complaint filed with the

24  Subscriber Assistance Program. Failure to provide requested

25  medical records may result in the imposition of a fine of up

26  to $500.  Each day that records are not produced is considered

27  a separate violation.

28         (5)  Grievances that the agency determines pose an

29  immediate and serious threat to a subscriber's health must be

30  given priority over other grievances. The panel may meet at

31  the call of the chair to hear the grievances as quickly as

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 1  possible but no later than 45 days after the date the

 2  grievance is filed, unless the panel receives a waiver of the

 3  time requirement from the subscriber.  The panel shall issue a

 4  written recommendation, supported by findings of fact, to the

 5  office or the agency within 10 days after hearing the

 6  expedited grievance.

 7         (6)  When the agency determines that the life of a

 8  subscriber is in imminent and emergent jeopardy, the chair of

 9  the panel may convene an emergency hearing, within 24 hours

10  after notification to the managed care entity and to the

11  subscriber, to hear the grievance.  The grievance must be

12  heard notwithstanding that the subscriber has not completed

13  the internal grievance procedure of the managed care entity.

14  The panel shall, upon hearing the grievance, issue a written

15  emergency recommendation, supported by findings of fact, to

16  the managed care entity, to the subscriber, and to the agency

17  or the office for the purpose of deferring the imminent and

18  emergent jeopardy to the subscriber's life.  Within 24 hours

19  after receipt of the panel's emergency recommendation, the

20  agency or office may issue an emergency order to the managed

21  care entity. An emergency order remains in force until:

22         (a)  The grievance has been resolved by the managed

23  care entity;

24         (b)  Medical intervention is no longer necessary; or

25         (c)  The panel has conducted a full hearing under

26  subsection (3) and issued a recommendation to the agency or

27  the office, and the agency or office has issued a final order.

28         (7)  After hearing a grievance, the panel shall make a

29  recommendation to the agency or the office which may include

30  specific actions the managed care entity must take to comply

31  with state laws or rules regulating managed care entities.

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 1         (8)  A managed care entity, subscriber, or provider

 2  that is affected by a panel recommendation may within 10 days

 3  after receipt of the panel's recommendation, or 72 hours after

 4  receipt of a recommendation in an expedited grievance, furnish

 5  to the agency or office written evidence in opposition to the

 6  recommendation or findings of fact of the panel.

 7         (9)  No later than 30 days after the issuance of the

 8  panel's recommendation and, for an expedited grievance, no

 9  later than 10 days after the issuance of the panel's

10  recommendation, the agency or the office may adopt the panel's

11  recommendation or findings of fact in a proposed order or an

12  emergency order, as provided in chapter 120, which it shall

13  issue to the managed care entity.  The agency or office may

14  issue a proposed order or an emergency order, as provided in

15  chapter 120, imposing fines or sanctions, including those

16  contained in ss. 641.25 and 641.52.  The agency or the office

17  may reject all or part of the panel's recommendation. All

18  fines collected under this subsection must be deposited into

19  the Health Care Trust Fund.

20         (10)  In determining any fine or sanction to be

21  imposed, the agency and the office may consider the following

22  factors:

23         (a)  The severity of the noncompliance, including the

24  probability that death or serious harm to the health or safety

25  of the subscriber will result or has resulted, the severity of

26  the actual or potential harm, and the extent to which

27  provisions of chapter 641 were violated.

28         (b)  Actions taken by the managed care entity to

29  resolve or remedy any quality-of-care grievance.

30         (c)  Any previous incidents of noncompliance by the

31  managed care entity.

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 1         (d)  Any other relevant factors the agency or office

 2  considers appropriate in a particular grievance.

 3         (11)  The panel shall consist of the Insurance Consumer

 4  Advocate, or designee thereof, established by s. 627.0613; two

 5  members employed by the agency and two members employed by the

 6  department, chosen by their respective agencies; a consumer

 7  appointed by the Governor; a physician appointed by the

 8  Governor, as a standing member; and physicians who have

 9  expertise relevant to the case to be heard, on a rotating

10  basis. The agency may contract with a medical director and a

11  primary care physician who shall provide additional technical

12  expertise to the panel.  The medical director shall be

13  selected from a health maintenance organization with a current

14  certificate of authority to operate in Florida.

15         (12)  Every managed care entity shall submit a

16  quarterly report to the agency, the office, and the department

17  listing the number and the nature of all subscribers' and

18  providers' grievances which have not been resolved to the

19  satisfaction of the subscriber or provider after the

20  subscriber or provider follows the entire internal grievance

21  procedure of the managed care entity. The agency shall notify

22  all subscribers and providers included in the quarterly

23  reports of their right to file an unresolved grievance with

24  the panel.

25         (13)  A proposed order issued by the agency or office

26  which only requires the managed care entity to take a specific

27  action under subsection (7) is subject to a summary hearing in

28  accordance with s. 120.574, unless all of the parties agree

29  otherwise. If the managed care entity does not prevail at the

30  hearing, the managed care entity must pay reasonable costs and

31  

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 1  attorney's fees of the agency or the office incurred in that

 2  proceeding.

 3         (14)(a)  Any information that identifies a subscriber

 4  which is held by the panel, agency, or department pursuant to

 5  this section is confidential and exempt from the provisions of

 6  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

 7  However, at the request of a subscriber or managed care entity

 8  involved in a grievance procedure, the panel, agency, or

 9  department shall release information identifying the

10  subscriber involved in the grievance procedure to the

11  requesting subscriber or managed care entity.

12         (b)  Meetings of the panel shall be open to the public

13  unless the provider or subscriber whose grievance will be

14  heard requests a closed meeting or the agency or the

15  department determines that information which discloses the

16  subscriber's medical treatment or history or information

17  relating to internal risk management programs as defined in s.

18  641.55(5)(c), (6), and (8) may be revealed at the panel

19  meeting, in which case that portion of the meeting during

20  which a subscriber's medical treatment or history or internal

21  risk management program information is discussed shall be

22  exempt from the provisions of s. 286.011 and s. 24(b), Art. I

23  of the State Constitution. All closed meetings shall be

24  recorded by a certified court reporter.

25         Section 2.  Subsection (4) of section 641.3154, Florida

26  Statutes, is amended to read:

27         641.3154  Organization liability; provider billing

28  prohibited.--

29         (4)  A provider or any representative of a provider,

30  regardless of whether the provider is under contract with the

31  health maintenance organization, may not collect or attempt to

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 1  collect money from, maintain any action at law against, or

 2  report to a credit agency a subscriber of an organization for

 3  payment of services for which the organization is liable, if

 4  the provider in good faith knows or should know that the

 5  organization is liable. This prohibition applies during the

 6  pendency of any claim for payment made by the provider to the

 7  organization for payment of the services and any legal

 8  proceedings or dispute resolution process to determine whether

 9  the organization is liable for the services if the provider is

10  informed that the such proceedings are taking place. It is

11  presumed that a provider does not know and should not know

12  that an organization is liable unless:

13         (a)  The provider is informed by the organization that

14  it accepts liability;

15         (b)  A court of competent jurisdiction determines that

16  the organization is liable;

17         (c)  The office or agency makes a final determination

18  that the organization is required to pay for the such services

19  subsequent to a recommendation made by the Statewide Provider

20  and Subscriber Assistance Panel pursuant to s. 408.7056; or

21         (d)  The agency issues a final order that the

22  organization is required to pay for such services subsequent

23  to a recommendation made by a resolution organization pursuant

24  to s. 408.7057.

25         Section 3.  Section 641.511, Florida Statutes, is

26  amended to read:

27         641.511  Subscriber grievance reporting and resolution

28  requirements.--

29         (1)  Every organization must have a grievance procedure

30  available to its subscribers for the purpose of addressing

31  complaints and grievances. Every organization must notify its

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 1  subscribers that a subscriber must submit a grievance within 1

 2  year after the date of occurrence of the action that initiated

 3  the grievance, and may submit the grievance for review to the

 4  Statewide Provider and Subscriber Assistance Program panel as

 5  provided in s. 408.7056 after receiving a final disposition of

 6  the grievance through the organization's grievance process.

 7  An organization shall maintain records of all grievances and

 8  shall report annually to the agency the total number of

 9  grievances handled, a categorization of the cases underlying

10  the grievances, and the final disposition of the grievances.

11         (2)  When an organization receives an initial complaint

12  from a subscriber, the organization must respond to the

13  complaint within a reasonable time after its submission.  At

14  the time of receipt of the initial complaint, the organization

15  shall inform the subscriber that the subscriber has a right to

16  file a written grievance at any time and that assistance in

17  preparing the written grievance shall be provided by the

18  organization.

19         (3)  Each organization's grievance procedure, as

20  required under subsection (1), must include, at a minimum:

21         (a)  An explanation of how to pursue redress of a

22  grievance.

23         (b)  The names of the appropriate employees or a list

24  of grievance departments that are responsible for implementing

25  the organization's grievance procedure.  The list must include

26  the address and the toll-free telephone number of each

27  grievance department, the address of the agency and its

28  toll-free telephone hotline number, and the address of the

29  Statewide Provider and Subscriber Assistance Program and its

30  toll-free telephone number.

31  

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 1         (c)  The description of the process through which a

 2  subscriber may, at any time, contact the toll-free telephone

 3  hotline of the agency to inform it of the unresolved

 4  grievance.

 5         (d)  A procedure for establishing methods for

 6  classifying grievances as urgent and for establishing time

 7  limits for an expedited review within which such grievances

 8  must be resolved.

 9         (e)  A notice that a subscriber may voluntarily pursue

10  binding arbitration in accordance with the terms of the

11  contract if offered by the organization, after completing the

12  organization's grievance procedure and as an alternative to

13  the Statewide Provider and Subscriber Assistance Program. Such

14  notice shall include an explanation that the subscriber may

15  incur some costs if the subscriber pursues binding

16  arbitration, depending upon the terms of the subscriber's

17  contract.

18         (f)  A process whereby the grievance manager

19  acknowledges the grievance and investigates the grievance in

20  order to notify the subscriber of a final decision in writing.

21         (g)  A procedure for providing individuals who are

22  unable to submit a written grievance with access to the

23  grievance process, which shall include assistance by the

24  organization in preparing the grievance and communicating back

25  to the subscriber.

26         (4)(a)  With respect to a grievance concerning an

27  adverse determination, an organization shall make available to

28  the subscriber a review of the grievance by an internal review

29  panel; the such review must be requested within 30 days after

30  the organization's transmittal of the final determination

31  notice of an adverse determination.  A majority of the panel

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 1  shall be persons who previously were not involved in the

 2  initial adverse determination.  A person who previously was

 3  involved in the adverse determination may appear before the

 4  panel to present information or answer questions.  The panel

 5  shall have the authority to bind the organization to the

 6  panel's decision.

 7         (b)  An organization shall ensure that a majority of

 8  the persons reviewing a grievance involving an adverse

 9  determination are providers who have appropriate expertise.

10  An organization shall issue a copy of the written decision of

11  the review panel to the subscriber and to the provider, if

12  any, who submits a grievance on behalf of a subscriber. In

13  cases where there has been a denial of coverage of service,

14  the reviewing provider shall not be a provider previously

15  involved with the adverse determination.

16         (c)  An organization shall establish written procedures

17  for a review of an adverse determination.  Review procedures

18  shall be available to the subscriber and to a provider acting

19  on behalf of a subscriber.

20         (d)  In any case when the review process does not

21  resolve a difference of opinion between the organization and

22  the subscriber or the provider acting on behalf of the

23  subscriber, the subscriber or the provider acting on behalf of

24  the subscriber may submit a written grievance to the Statewide

25  Provider and Subscriber Assistance Program.

26         (5)(a)  Except as provided in subsection (6), the

27  organization shall resolve a grievance within 60 days after

28  receipt of the grievance, or within a maximum of 90 days if

29  the grievance involves the collection of information outside

30  the service area. These time limitations are tolled if the

31  organization has notified the subscriber, in writing, that

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 1  additional information is required for proper review of the

 2  grievance and that the such time limitations are tolled until

 3  such information is provided. After the organization receives

 4  the requested information, the time allowed for completion of

 5  the grievance process resumes. Subject to the exceptions in

 6  subsection (6), the Employee Retirement Income Security Act of

 7  1974 (ERISA), as implemented by 29 C.F.R. 2560.503-1 is

 8  adopted and incorporated by reference as applicable to all

 9  commercial organizations that administer small and large group

10  health plans and are subject to this section.  The claims

11  procedures of the regulations establish the minimum standards

12  for grievance processes for small and large group health plans

13  in this state.

14         (b)  Commercial organizations subject to this

15  subsection shall comply with 29 C.F.R. 2560.503-1 for all new

16  or amended small or large group health plans that become

17  effective on or after January 1, 2005.

18         (6)(a)  An organization shall establish written

19  procedures for the expedited review of an urgent grievance. A

20  request for an expedited review may be submitted orally or in

21  writing and shall be subject to the review procedures of this

22  section, if it meets the criteria of this section. Unless it

23  is submitted in writing, for purposes of the grievance

24  reporting requirements in subsection (1), the request shall be

25  considered an appeal of a utilization review decision and not

26  a grievance. Expedited review procedures shall be available to

27  a subscriber and to the provider acting on behalf of a

28  subscriber. For purposes of this subsection, "subscriber"

29  includes the legal representative of a subscriber.

30         (b)  Expedited reviews shall be evaluated by an

31  appropriate clinical peer or peers. The clinical peer or peers

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 1  shall not have been involved in the initial adverse

 2  determination.

 3         (c)  In an expedited review, all necessary information,

 4  including the organization's decision, shall be transmitted

 5  between the organization and the subscriber, or the provider

 6  acting on behalf of the subscriber, by telephone, facsimile,

 7  or the most expeditious method available.

 8         (d)  In an expedited review, an organization shall make

 9  a decision and notify the subscriber, or the provider acting

10  on behalf of the subscriber, as expeditiously as the

11  subscriber's medical condition requires, but in no event more

12  than 72 hours after receipt of the request for review. If the

13  expedited review is a concurrent review determination, the

14  service shall be continued without liability to the subscriber

15  until the subscriber has been notified of the determination.

16         (e)  An organization shall provide written confirmation

17  of its decision concerning an expedited review within 2

18  working days after providing notification of that decision, if

19  the initial notification was not in writing.

20         (f)  An organization shall provide reasonable access,

21  not to exceed 24 hours after receiving a request for an

22  expedited review, to a clinical peer who can perform the

23  expedited review.

24         (g)  In any case when the expedited review process does

25  not resolve a difference of opinion between the organization

26  and the subscriber or the provider acting on behalf of the

27  subscriber, the subscriber or the provider acting on behalf of

28  the subscriber may submit a written grievance to the Statewide

29  Provider and Subscriber Assistance Program.

30         (h)  An organization shall not provide an expedited

31  retrospective review of an adverse determination.

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 1         (7)  Each organization shall send to the agency a copy

 2  of its quarterly grievance reports submitted to the office

 3  under pursuant to s. 408.7056(12).

 4         (8)  The agency shall investigate all reports of

 5  unresolved quality of care grievances received from:

 6         (a)  Annual and quarterly grievance reports submitted

 7  by the organization to the office.

 8         (b)  Review requests of subscribers whose grievances

 9  remain unresolved after the subscriber has followed the full

10  grievance procedure of the organization.

11         (9)(a)  The agency shall advise subscribers with

12  grievances to follow their organization's formal grievance

13  process for resolution prior to review by the Statewide

14  Provider and Subscriber Assistance Program. The subscriber

15  may, however, submit a copy of the grievance to the agency at

16  any time during the process.

17         (b)  Requiring completion of the organization's

18  grievance process before the Statewide Provider and Subscriber

19  Assistance Program panel's review does not preclude the agency

20  from investigating any complaint or grievance before the

21  organization makes its final determination.

22         (10)  Each organization must notify the subscriber in a

23  final decision letter that the subscriber may request review

24  of the organization's decision concerning the grievance by the

25  Statewide Provider and Subscriber Assistance Program, as

26  provided in s. 408.7056, if the grievance is not resolved to

27  the satisfaction of the subscriber. The final decision letter

28  must inform the subscriber that the request for review must be

29  made within 365 days after receipt of the final decision

30  letter, must explain how to initiate such a review, and must

31  include the addresses and toll-free telephone numbers of the

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 1  agency and the Statewide Provider and Subscriber Assistance

 2  Program.

 3         (11)  Each organization, as part of its contract with

 4  any provider, must require the provider to post a consumer

 5  assistance notice prominently displayed in the reception area

 6  of the provider and clearly noticeable by all patients. The

 7  consumer assistance notice must state the addresses and

 8  toll-free telephone numbers of the Agency for Health Care

 9  Administration, the Statewide Provider and Subscriber

10  Assistance Program, and the Department of Financial Services.

11  The consumer assistance notice must also clearly state that

12  the address and toll-free telephone number of the

13  organization's grievance department shall be provided upon

14  request. The agency may adopt rules to implement this section.

15         (12)  The agency may impose administrative sanction, in

16  accordance with s. 641.52, against an organization for

17  noncompliance with this section.

18         Section 4.  Subsection (4) of section 641.58, Florida

19  Statutes, is amended to read:

20         641.58  Regulatory assessment; levy and amount; use of

21  funds; tax returns; penalty for failure to pay.--

22         (4)  The moneys received and deposited into the Health

23  Care Trust Fund shall be used to defray the expenses of the

24  agency in the discharge of its administrative and regulatory

25  powers and duties under this part, including conducting an

26  annual survey of the satisfaction of members of health

27  maintenance organizations; contracting with physician

28  consultants for the Statewide Provider and Subscriber

29  Assistance Panel; maintaining offices and necessary supplies,

30  essential equipment, and other materials, salaries and

31  expenses of required personnel; and discharging the

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    Florida Senate - 2004                                  SB 1066
    37-771-04




 1  administrative and regulatory powers and duties imposed under

 2  this part.

 3         Section 5.  This act shall take effect upon becoming a

 4  law.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Changes the name of the Statewide Provider and Subscriber
      Assistance Program to the Subscriber Assistance Program.
 9    Requires certain records and reports to be provided to
      the Subscriber Assistance Panel. Provides for penalties.
10    Adopts the federal claims procedures for certain
      specified commercial health maintenance organizations.
11  

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