1 | The Committee on Insurance recommends the following: |
2 |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to health care; amending s. 381.026, F.S.; |
7 | requiring certain licensed facilities to provide certain |
8 | financial information on its website; amending s. 395.301, |
9 | F.S.; requiring certain licensed facilities to provide |
10 | prospective patients with certain estimates of charges for |
11 | services; requiring such facilities to provide patients |
12 | with certain bill verification information; providing for |
13 | a fine for failure to provide such information; providing |
14 | charge limitations; requiring such facilities to establish |
15 | a patient question review and response methodology; |
16 | providing requirements; requiring certain licensed |
17 | facilities to provide to certain financial information on |
18 | its website; providing an exception for specified rural |
19 | hospitals; requiring a report; amending s. 408.061, F.S.; |
20 | requiring the Agency for Health Care Administration to |
21 | require health care facilities, health care providers, and |
22 | health insurers to submit certain information; providing |
23 | requirements; requiring the agency to adopt certain risk |
24 | adjustment methodologies or software; requiring the agency |
25 | to adopt certain rules; requiring certain information to |
26 | be certified; amending s. 408.062, F.S.; requiring the |
27 | agency to conduct certain health care costs and access |
28 | research, analyses, and studies; expanding the scope of |
29 | such studies to include collection of pharmacy retail |
30 | price data, use of emergency departments, physician |
31 | information, and Internet patient charge information |
32 | availability; requiring publication of information |
33 | collected on the Internet; requiring a report; requiring |
34 | the agency to conduct additional data-based studies and |
35 | make recommendations to the Legislature; requiring the |
36 | agency to develop and implement a strategy to adopt and |
37 | use electronic health records; authorizing the agency to |
38 | develop rules to protect electronic records |
39 | confidentiality; requiring a report to the Governor and |
40 | Legislature; amending s. 408.05, F.S.; requiring the |
41 | agency to develop a plan to make performance outcome and |
42 | financial data available to consumers for health care |
43 | services comparison purposes; requiring submittal of the |
44 | plan to the Governor and Legislature; requiring the agency |
45 | to update the plan; requiring the agency to make the plan |
46 | available electronically; providing plan requirements; |
47 | amending s. 409.9066, F.S.; requiring the agency to |
48 | provide certain information relating to the Medicare |
49 | prescription discount program; creating s. 465.0244, F.S.; |
50 | requiring each pharmacy to make available on its Internet |
51 | website a link to certain performance outcome and |
52 | financial data of the Agency for Health Care |
53 | Administration and a notice of the availability of such |
54 | information; amending s. 627.6499, F.S.; requiring each |
55 | health insurer to make available on its Internet website a |
56 | link to certain performance outcome and financial data of |
57 | the Agency for Health Care Administration and a notice in |
58 | policies of the availability of such information; amending |
59 | s. 641.54, F.S.; requiring health maintenance |
60 | organizations to make certain insurance financial |
61 | information available to subscribers; requiring health |
62 | maintenance organizations to make available on its |
63 | Internet website a link to certain performance outcome and |
64 | financial data of the Agency for Health Care |
65 | Administration and a notice in policies of the |
66 | availability of such information; authorizing rule |
67 | adoption; providing an effective date. |
68 |
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69 | Be It Enacted by the Legislature of the State of Florida: |
70 |
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71 | Section 1. Paragraph (c) of subsection (4) of section |
72 | 381.026, Florida Statutes, is amended to read: |
73 | 381.026 Florida Patient's Bill of Rights and |
74 | Responsibilities.-- |
75 | (4) RIGHTS OF PATIENTS.--Each health care facility or |
76 | provider shall observe the following standards: |
77 | (c) Financial information and disclosure.-- |
78 | 1. A patient has the right to be given, upon request, by |
79 | the responsible provider, his or her designee, or a |
80 | representative of the health care facility full information and |
81 | necessary counseling on the availability of known financial |
82 | resources for the patient's health care. |
83 | 2. A health care provider or a health care facility shall, |
84 | upon request, disclose to each patient who is eligible for |
85 | Medicare, in advance of treatment, whether the health care |
86 | provider or the health care facility in which the patient is |
87 | receiving medical services accepts assignment under Medicare |
88 | reimbursement as payment in full for medical services and |
89 | treatment rendered in the health care provider's office or |
90 | health care facility. |
91 | 3. A health care provider or a health care facility shall, |
92 | upon request, furnish a patient, prior to provision of medical |
93 | services, a reasonable estimate of charges for such services. |
94 | Such reasonable estimate shall not preclude the health care |
95 | provider or health care facility from exceeding the estimate or |
96 | making additional charges based on changes in the patient's |
97 | condition or treatment needs. |
98 | 4. Each licensed facility not operated by the state shall |
99 | make available to the public on its Internet website or by other |
100 | electronic means a description of, and a link to, the |
101 | performance outcome and financial data that is published by the |
102 | agency pursuant to s. 408.05. The facility shall place a notice |
103 | in reception areas that such information is available |
104 | electronically and provide the Internet address. The licensed |
105 | facility may indicate that the pricing information is based on a |
106 | compilation of charges for the average patient and that each |
107 | patient's bill may vary from the average, depending upon the |
108 | severity of illness and individual resources consumed. The |
109 | licensed facility may also indicate that the price of service is |
110 | negotiable for eligible patients based upon the patient's |
111 | ability to pay. |
112 | 5.4. A patient has the right to receive a copy of an |
113 | itemized bill upon request. A patient has a right to be given an |
114 | explanation of charges upon request. |
115 | Section 2. Subsections (1), (2), and (3) of section |
116 | 395.301, Florida Statutes, are amended, and subsections (7), |
117 | (8), (9), (10), and (11) are added to said section, to read: |
118 | 395.301 Itemized patient bill; form and content prescribed |
119 | by the agency.-- |
120 | (1) A licensed facility not operated by the state shall |
121 | notify each patient during admission and at discharge of his or |
122 | her right to receive an itemized bill upon request. Within 7 |
123 | days following the patient's discharge or release from a |
124 | licensed facility not operated by the state, or within 7 days |
125 | after the earliest date at which the loss or expense from the |
126 | service may be determined, the licensed facility providing the |
127 | service shall, upon request, submit to the patient, or to the |
128 | patient's survivor or legal guardian as may be appropriate, an |
129 | itemized statement detailing in language comprehensible to an |
130 | ordinary layperson the specific nature of charges or expenses |
131 | incurred by the patient, which in the initial billing shall |
132 | contain a statement of specific services received and expenses |
133 | incurred for such items of service, enumerating in detail the |
134 | constituent components of the services received within each |
135 | department of the licensed facility and including unit price |
136 | data on rates charged by the licensed facility, as prescribed by |
137 | the agency. |
138 | (2)(a) Each such statement submitted pursuant to this |
139 | section: |
140 | 1.(a) May not include charges of hospital-based physicians |
141 | if billed separately. |
142 | 2.(b) May not include any generalized category of expenses |
143 | such as "other" or "miscellaneous" or similar categories. |
144 | 3.(c) Shall list drugs by brand or generic name and not |
145 | refer to drug code numbers when referring to drugs of any sort. |
146 | 4.(d) Shall specifically identify therapy treatment as to |
147 | the date, type, and length of treatment when therapy treatment |
148 | is a part of the statement. |
149 | (b) Any person receiving a statement pursuant to this |
150 | section shall be fully and accurately informed as to each charge |
151 | and service provided by the institution preparing the statement. |
152 | (3) On each such itemized statement submitted pursuant to |
153 | subsection (1), there shall appear the words "A FOR-PROFIT (or |
154 | NOT-FOR-PROFIT or PUBLIC) HOSPITAL (or AMBULATORY SURGICAL |
155 | CENTER) LICENSED BY THE STATE OF FLORIDA" or substantially |
156 | similar words sufficient to identify clearly and plainly the |
157 | ownership status of the licensed facility. Each itemized |
158 | statement must prominently display the phone number of the |
159 | medical facility's patient liaison who is responsible for |
160 | expediting the resolution of any billing dispute between the |
161 | patient, or his or her representative, and the billing |
162 | department. |
163 | (7) Each licensed facility not operated by the state shall |
164 | provide, prior to provision of any nonemergency medical |
165 | services, a written good faith estimate of reasonably |
166 | anticipated charges for the facility to treat the patient's |
167 | condition upon written request of a prospective patient. The |
168 | estimate shall be provided to the prospective patient within 7 |
169 | business days of the receipt of the request. The estimate may be |
170 | the average charges for that diagnosis related group or the |
171 | average charges for that procedure. Upon request, the facility |
172 | shall notify the patient of any revision to the good faith |
173 | estimate. Such estimate shall not preclude the actual charges |
174 | from exceeding the estimate. The facility shall place a notice |
175 | in reception areas that such information is available. Failure |
176 | to provide the estimate within the provisions established |
177 | pursuant to this section shall result in a fine of $500 for each |
178 | instance of the facility's failure to provide the requested |
179 | information. |
180 | (8) A licensed facility shall make available to a patient |
181 | all records necessary for verification of the accuracy of the |
182 | patient's bill within 30 business days after the request for |
183 | such records. The verification information must be made |
184 | available in the facility's offices. Such records shall be |
185 | available to the patient prior to and after payment of the bill |
186 | or claim. The facility may not charge the patient for making |
187 | such verification records available; however, the facility may |
188 | charge its usual fee for providing copies of records as |
189 | specified in s. 395.3025. |
190 | (9) Each facility shall establish a method for reviewing |
191 | and responding to questions from patients concerning the |
192 | patient's itemized bill. Such response shall be provided within |
193 | 30 days after the date a question is received. If the patient is |
194 | not satisfied with the response, the facility must provide the |
195 | patient with the address of the agency to which the issue may be |
196 | sent for review. |
197 | (10) Each licensed facility shall make available on its |
198 | Internet website a link to the performance outcome and financial |
199 | data that is published by the Agency for Health Care |
200 | Administration pursuant to s. 408.05. The facility shall place a |
201 | notice in the reception area that the information is available |
202 | electronically and the Internet address. |
203 | (11) Each rural hospital, as defined in s. 395.602, which |
204 | has fewer than 50 beds is exempt from subsection (10). The |
205 | agency shall evaluate the most cost-efficient method for |
206 | collecting and reporting data for these qualifying rural |
207 | hospitals and shall, by December 1, 2005, submit a report to the |
208 | Governor, the President of the Senate, and the Speaker of the |
209 | House of Representatives. |
210 | Section 3. Subsection (1) of section 408.061, Florida |
211 | Statutes, is amended to read: |
212 | 408.061 Data collection; uniform systems of financial |
213 | reporting; information relating to physician charges; |
214 | confidential information; immunity.-- |
215 | (1) The agency shall may require the submission by health |
216 | care facilities, health care providers, and health insurers of |
217 | data necessary to carry out the agency's duties. Specifications |
218 | for data to be collected under this section shall be developed |
219 | by the agency with the assistance of technical advisory panels |
220 | including representatives of affected entities, consumers, |
221 | purchasers, and such other interested parties as may be |
222 | determined by the agency. |
223 | (a) Data to be submitted by health care facilities, |
224 | including the facilities as defined in chapter 395, shall may |
225 | include, but are not limited to: case-mix data, patient |
226 | admission and or discharge data, data on hospital-acquired |
227 | infections as specified by rule, data on complications as |
228 | specified by rule, data on readmissions as specified by rule, |
229 | with patient and provider-specific identifiers included, actual |
230 | charge data by diagnostic groups, financial data, accounting |
231 | data, operating expenses, expenses incurred for rendering |
232 | services to patients who cannot or do not pay, interest charges, |
233 | depreciation expenses based on the expected useful life of the |
234 | property and equipment involved, and demographic data. Hospital |
235 | emergency data shall include the number of the patients treated |
236 | in the emergency department of a licensed hospital reported by |
237 | patient acuity level. The agency shall adopt nationally |
238 | recognized risk adjustment methodologies or software consistent |
239 | with the standards of the Agency for Healthcare Research and |
240 | Quality for all data submitted as required by this section. Data |
241 | may be obtained from documents such as, but not limited to: |
242 | leases, contracts, debt instruments, itemized patient bills, |
243 | medical record abstracts, and related diagnostic information. |
244 | Reported data elements shall be reported electronically in |
245 | accordance with applicable department rules. Data submitted |
246 | shall be certified by the chief executive officer or an |
247 | appropriate and duly authorized representative or employee of |
248 | the licensed facility that the information is accurate. |
249 | (b) Data to be submitted by health care providers may |
250 | include, but are not limited to: Medicare and Medicaid |
251 | participation, types of services offered to patients, amount of |
252 | revenue and expenses of the health care provider, and such other |
253 | data which are reasonably necessary to study utilization |
254 | patterns. Data submitted shall be certified as true and accurate |
255 | by the health care provider or by an appropriate and duly |
256 | authorized representative or employee of the health care |
257 | provider. |
258 | (c) Data to be submitted by health insurers may include, |
259 | but are not limited to: claims, premium, administration, and |
260 | financial information. Data submitted shall be certified as by |
261 | the appropriate and duly authorized representative or employee |
262 | of the insurer that the information submitted is true and |
263 | accurate. |
264 | (d) Data required to be submitted by health care |
265 | facilities, health care providers, or health insurers shall not |
266 | include specific provider contract reimbursement information. |
267 | However, such specific provider reimbursement data shall be |
268 | reasonably available for onsite inspection by the agency as is |
269 | necessary to carry out the agency's regulatory duties. Any such |
270 | data obtained by the agency as a result of onsite inspections |
271 | may not be used by the state for purposes of direct provider |
272 | contracting and are confidential and exempt from the provisions |
273 | of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. |
274 | (e) A requirement to submit data shall be adopted by rule |
275 | if the submission of data is being required of all members of |
276 | any type of health care facility, health care provider, or |
277 | health insurer. Rules are not required, however, for the |
278 | submission of data for a special study mandated by the |
279 | Legislature or when information is being requested for a single |
280 | health care facility, health care provider, or health insurer. |
281 | Section 4. Subsections (1) and (4) of section 408.062, |
282 | Florida Statutes, are amended, and subsection (5) is added to |
283 | said section, to read: |
284 | 408.062 Research, analyses, studies, and reports.-- |
285 | (1) The agency shall have the authority to conduct |
286 | research, analyses, and studies relating to health care costs |
287 | and access to and quality of health care services as access and |
288 | quality are affected by changes in health care costs. Such |
289 | research, analyses, and studies shall include, but not be |
290 | limited to, research and analysis relating to: |
291 | (a) The financial status of any health care facility or |
292 | facilities subject to the provisions of this chapter. |
293 | (b) The impact of uncompensated charity care on health |
294 | care facilities and health care providers. |
295 | (c) The state's role in assisting to fund indigent care. |
296 | (d) In conjunction with the Office of Insurance |
297 | Regulation, the availability and affordability of health |
298 | insurance for small businesses. |
299 | (e) Total health care expenditures in the state according |
300 | to the sources of payment and the type of expenditure. |
301 | (f) The quality of health services, using techniques such |
302 | as small area analysis, severity adjustments, and risk-adjusted |
303 | mortality rates. |
304 | (g) The development of physician information payment |
305 | systems which are capable of providing data for health care |
306 | consumers, taking into account the amount of resources consumed, |
307 | including licensed facilities as defined in chapter 395, and the |
308 | outcomes produced in the delivery of care. |
309 | (h) The collection of a statistically valid sample of data |
310 | on the retail prices charged by pharmacies for the 50 most |
311 | frequently prescribed medicines from any pharmacy licensed by |
312 | this state as a special study authorized by the Legislature to |
313 | be performed by the agency quarterly. If a drug is available |
314 | generically, price data shall be reported for the generic drug |
315 | and price data of a brand name drug for which the generic drug |
316 | is the equivalent shall be reported. The agency shall make |
317 | available on its Internet website for each pharmacy, no later |
318 | than October 1, 2005, drug prices for a 30-day supply at a |
319 | standard dose. The data collected shall be reported for each |
320 | drug by pharmacy and by metropolitan statistical area or region |
321 | and updated quarterly The impact of subacute admissions on |
322 | hospital revenues and expenses for purposes of calculating |
323 | adjusted admissions as defined in s. 408.07. |
324 | (i) The use of emergency department services by patient |
325 | acuity level and the implication of increasing hospital cost by |
326 | providing nonurgent care in emergency departments. The agency |
327 | shall submit an annual report based on this monitoring and |
328 | assessment to the Governor, the President of the Senate, the |
329 | Speaker of the House of Representatives, and the substantive |
330 | legislative committees with the first report due January 1, |
331 | 2006. |
332 | (j) The making available on its Internet website no later |
333 | than October 1, 2004, and in a hard copy format upon request, of |
334 | patient charge, volumes, length of stay, and performance outcome |
335 | indicators collected from health care facilities pursuant to s. |
336 | 408.061 for specific medical conditions, surgeries, and |
337 | procedures provided in inpatient and outpatient facilities as |
338 | determined by the agency. In making the determination of |
339 | specific medical conditions, surgeries, and procedures to |
340 | include, the agency shall consider such factors as volume, |
341 | severity of the illness, urgency of admission, individual and |
342 | societal costs, and whether the condition is acute or chronic. |
343 | Performance outcome indicators shall be risk adjusted or |
344 | severity adjusted, as applicable, using nationally recognized |
345 | risk adjustment methodologies or software consistent with the |
346 | standards of the Agency for Healthcare Research and Quality and |
347 | as selected by the agency. The Internet website shall also |
348 | provide an interactive search that allows consumers to view and |
349 | compare the information for specific facilities, a map that |
350 | allows consumers to select a county or region, definitions of |
351 | all of the data, descriptions of each procedure, and an |
352 | explanation about why the data may differ from facility to |
353 | facility. Such public data shall be updated quarterly. The |
354 | agency shall submit an annual status report on the collection of |
355 | data and publication of performance outcome indicators to the |
356 | Governor, the President of the Senate, the Speaker of the House |
357 | of Representatives, and the substantive legislative committees |
358 | with the first status report due January 1, 2005. |
359 | (4)(a) The agency shall may conduct data-based studies and |
360 | evaluations and make recommendations to the Legislature and the |
361 | Governor concerning exemptions, the effectiveness of limitations |
362 | of referrals, restrictions on investment interests and |
363 | compensation arrangements, and the effectiveness of public |
364 | disclosure. Such analysis shall may include, but need not be |
365 | limited to, utilization of services, cost of care, quality of |
366 | care, and access to care. The agency may require the submission |
367 | of data necessary to carry out this duty, which may include, but |
368 | need not be limited to, data concerning ownership, Medicare and |
369 | Medicaid, charity care, types of services offered to patients, |
370 | revenues and expenses, patient-encounter data, and other data |
371 | reasonably necessary to study utilization patterns and the |
372 | impact of health care provider ownership interests in health- |
373 | care-related entities on the cost, quality, and accessibility of |
374 | health care. |
375 | (b) The agency may collect such data from any health |
376 | facility or licensed health care provider as a special study. |
377 | (5) The agency shall develop and implement a strategy for |
378 | the adoption and use of electronic health records. The agency |
379 | may develop rules to facilitate the functionality and protect |
380 | the confidentiality of electronic health records. The agency |
381 | shall report to the Governor, the President of the Senate, and |
382 | the Speaker of the House of Representatives on legislative |
383 | recommendations to protect the confidentiality of electronic |
384 | health records. |
385 | Section 5. Paragraph (l) is added to subsection (3) of |
386 | section 408.05, Florida Statutes, and paragraph (a) of |
387 | subsection (8) of said section is amended, to read: |
388 | 408.05 State Center for Health Statistics.-- |
389 | (3) COMPREHENSIVE HEALTH INFORMATION SYSTEM.--In order to |
390 | produce comparable and uniform health information and |
391 | statistics, the agency shall perform the following functions: |
392 | (l) Develop, in conjunction with the State Comprehensive |
393 | Health Information System Advisory Council, and implement a |
394 | long-range plan for making available performance outcome and |
395 | financial data that will allow consumers to compare health care |
396 | services. The performance outcomes and financial data the agency |
397 | must make available shall include, but are not limited to, |
398 | pharmaceuticals, physicians, health care facilities, and health |
399 | plans and managed care entities. The agency shall submit the |
400 | initial plan to the Governor, the President of the Senate, and |
401 | the Speaker of the House of Representatives by March 1, 2005, |
402 | and shall update the plan and report on the status of its |
403 | implementation annually thereafter. The agency shall also make |
404 | the plan and status report available to the public on its |
405 | Internet website. As part of the plan, the agency shall identify |
406 | the process and timeframes for implementation, any barriers to |
407 | implementation, and recommendations of changes in the law that |
408 | may be enacted by the Legislature to eliminate the barriers. As |
409 | preliminary elements of the plan, the agency shall: |
410 | 1. Make available performance outcome and patient charge |
411 | data collected from health care facilities pursuant to s. |
412 | 408.061. The agency shall determine which conditions and |
413 | procedures, performance outcomes, and patient charge data to |
414 | disclose based upon input from the council. When determining |
415 | which conditions and procedures are to be disclosed, the council |
416 | and the agency shall consider variation in costs, variation in |
417 | outcomes, and magnitude of variations and other relevant |
418 | information. When determining which performance outcomes to |
419 | disclose, the agency: |
420 | a. Shall consider such factors as volume of cases, average |
421 | patient charges, average length of stay, complication rates, |
422 | mortality rates, and infection rates, among other factors, which |
423 | shall be adjusted for case mix and severity, if applicable. |
424 | b. May consider such additional measures that are adopted |
425 | by the Centers for Medicare and Medicaid Studies, National |
426 | Quality Forum, the Joint Commission on Accreditation of |
427 | Healthcare Organizations, and the Agency for Healthcare Research |
428 | and Quality, or a similar national entity that establishes |
429 | standards to measure the performance of health care providers, |
430 | or by other states. |
431 |
|
432 | When determining which patient charge data to disclose, the |
433 | agency shall consider such measures as average charge, average |
434 | net revenue per adjusted patient day, average cost per adjusted |
435 | patient day, and average cost per admission, among other |
436 | measures. |
437 | 2. Make available performance measures, benefit design, |
438 | and premium cost data from health plans licensed pursuant to |
439 | chapter 627 or chapter 641. The agency shall determine which |
440 | performance outcome and member and subscriber cost data to |
441 | disclose, based upon input from the council. When determining |
442 | which data to disclose, the agency shall consider information |
443 | that may be required by either individual or group purchasers to |
444 | assess the value of the product, which may include membership |
445 | satisfaction, quality of care, current enrollment or membership, |
446 | coverage areas, accreditation status, premium costs, plan costs, |
447 | premium increases, range of benefits, copayments and |
448 | deductibles, accuracy and speed of claims payment, credentials |
449 | of physicians, number of providers, names of network providers, |
450 | and hospitals in the network. Health plans shall make available |
451 | to the agency any such data or information that is not currently |
452 | reported to the agency or the office. |
453 | 3. Determine the method and format for public disclosure |
454 | of data reported pursuant to this paragraph. The agency shall |
455 | make its determination based upon input from the Comprehensive |
456 | Health Information System Advisory Council. At a minimum, the |
457 | data shall be made available on the agency's Internet website in |
458 | a manner that allows consumers to conduct an interactive search |
459 | that allows them to view and compare the information for |
460 | specific providers. The Internet website must include such |
461 | additional information as is determined necessary to ensure that |
462 | the website enhances informed decisionmaking among consumers and |
463 | health care purchasers, which shall include, at a minimum, |
464 | appropriate guidance on how to use the data and an explanation |
465 | of why the data may vary from provider to provider. The data |
466 | specified in subparagraph 1. shall be released no later than |
467 | March 1, 2005. The data specified in subparagraph 2. shall be |
468 | released no later than March 1, 2006. |
469 | (8) STATE COMPREHENSIVE HEALTH INFORMATION SYSTEM ADVISORY |
470 | COUNCIL.-- |
471 | (a) There is established in the agency the State |
472 | Comprehensive Health Information System Advisory Council to |
473 | assist the center in reviewing the comprehensive health |
474 | information system and to recommend improvements for such |
475 | system. The council shall consist of the following members: |
476 | 1. An employee of the Executive Office of the Governor, to |
477 | be appointed by the Governor. |
478 | 2. An employee of the Office of Insurance Regulation |
479 | Department of Financial Services, to be appointed by the Chief |
480 | Financial Officer. |
481 | 3. An employee of the Department of Education, to be |
482 | appointed by the Commissioner of Education. |
483 | 4. Ten persons, to be appointed by the Secretary of Health |
484 | Care Administration, representing other state and local |
485 | agencies, state universities, the Florida Association of |
486 | Business/Health Coalitions, local health councils, professional |
487 | health-care-related associations, consumers, and purchasers. |
488 | Section 6. Subsection (3) of section 409.9066, Florida |
489 | Statutes, is amended to read: |
490 | 409.9066 Medicare prescription discount program.-- |
491 | (3) The Agency for Health Care Administration shall |
492 | publish, on a free website available to the public, the most |
493 | recent average wholesale prices for the 200 drugs most |
494 | frequently dispensed to the elderly and, to the extent possible, |
495 | shall provide a mechanism that consumers may use to calculate |
496 | the retail price and the price that should be paid after the |
497 | discount required in subsection (1) is applied. The agency shall |
498 | provide retail information by geographic area and retail |
499 | information by provider within geographical areas. |
500 | Section 7. Section 465.0244, Florida Statutes, is created |
501 | to read: |
502 | 465.0244 Information disclosure.--Every pharmacy shall |
503 | make available on its Internet website a link to the financial |
504 | data that is published by the Agency for Health Care |
505 | Administration pursuant to ss. 408.06 and 409.9066 and shall |
506 | place in the area where customers receive filled prescriptions |
507 | notice that such information is available electronically and the |
508 | Internet address. |
509 | Section 8. Section 627.6499, Florida Statutes, is amended |
510 | to read: |
511 | 627.6499 Reporting by insurers and third-party |
512 | administrators.-- |
513 | (1) The office may require any insurer, third-party |
514 | administrator, or service company to report any information |
515 | reasonably required to assist the board in assessing insurers as |
516 | required by this act. |
517 | (2) Each health insurance issuer shall make available on |
518 | its Internet website a link to the performance outcome and |
519 | financial data that is published by the Agency for Health Care |
520 | Administration pursuant to s. 408.05, and shall include in every |
521 | policy delivered or issued for delivery to any person in the |
522 | state or any materials provided as required by s. 627.64725, |
523 | notice that such information is available electronically and the |
524 | Internet address. |
525 | Section 9. Subsections (6) and (7) are added to section |
526 | 641.54, Florida Statutes, to read: |
527 | 641.54 Information disclosure.-- |
528 | (6) Each health maintenance organization shall make |
529 | available to its subscribers the estimated copay, coinsurance |
530 | percentage, or deductible, whichever is applicable, for any |
531 | covered services, the status of the subscriber's maximum annual |
532 | out-of-pocket payments for a covered individual or family, and |
533 | the status of the subscriber's maximum lifetime benefit. Such |
534 | estimate shall not preclude the actual copay, coinsurance |
535 | percentage, or deductible, whichever is applicable, from |
536 | exceeding the estimate. |
537 | (7) Each health maintenance organization shall make |
538 | available on its Internet website a link to the performance |
539 | outcome and financial data that is published by the Agency for |
540 | Health Care Administration pursuant to s. 408.05, and shall |
541 | include in every policy delivered or issued for delivery to any |
542 | person in the state or any materials provided as required by s. |
543 | 627.64725, notice that such information is available |
544 | electronically and the Internet address. |
545 | Section 10. The Agency for Health Care Administration |
546 | shall adopt all rules necessary to implement this act no later |
547 | than January 1, 2005. |
548 | Section 11. This act shall take effect upon becoming a |
549 | law. |