Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 1274
                        Barcode 202220
                            CHAMBER ACTION
              Senate                               House
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       03/30/2006 09:27 AM         .                    
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11  The Committee on Banking and Insurance (Atwater) recommended
12  the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Effective July 1, 2006, subsection (5) of
19  section 408.909, Florida Statutes, is amended to read:
20         408.909  Health flex plans.--
21         (5)  ELIGIBILITY.--Eligibility to enroll in an approved
22  health flex plan is limited to residents of this state who
23  meet all of the following requirements:
24         (a)  Are 64 years of age or younger.;
25         (b)  Have a family income equal to or less than 250 200
26  percent of the federal poverty level.;
27         (c)  Are eligible under a federally approved Medicaid
28  demonstration waiver and reside in Palm Beach County or
29  Miami-Dade County.;
30         (d)  Are not covered by a private insurance policy and
31  are not eligible for coverage through a public health
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1274 Barcode 202220 1 insurance program, such as Medicare or Medicaid, unless 2 specifically authorized under paragraph (c), or another public 3 health care program, such as KidCare, and have not been 4 covered at any time during the past 6 months.; and 5 (e) Have applied for health care coverage through an 6 approved health flex plan and have agreed to make any payments 7 required for participation, including periodic payments or 8 payments due at the time health care services are provided. 9 (f) Are part of an employer group where at least 75 10 percent of the employees have a family income equal to or less 11 than 250 percent of the federal poverty level. 12 Section 2. Subsection (3) is added to section 627.642, 13 Florida Statutes, to read: 14 627.642 Outline of coverage.-- 15 (3) In addition to the outline of coverage, a policy 16 as specified in s. 627.6699(3)(k) must be accompanied by an 17 identification card that contains, at a minimum: 18 (a) The name of the organization issuing the policy or 19 the name of the organization administering the policy, 20 whichever applies. 21 (b) The name of the contract holder. 22 (c) The type of plan only if the plan is filed in the 23 state, an indication that the plan is self-funded, or the name 24 of the network. 25 (d) The member identification number, contract number, 26 and policy or group number, if applicable. 27 (e) A contact phone number or electronic address for 28 authorizations. 29 (f) A phone number or electronic address whereby the 30 covered person or hospital, physician, or other person 31 rendering services covered by the policy may determine if the 2 2:50 PM 03/27/06 s1274d-bi25-c5t
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1274 Barcode 202220 1 plan is insured and may obtain a benefits verification in 2 order to estimate patient financial responsibility, in 3 compliance with privacy rules under the Health Insurance 4 Portability and Accountability Act. 5 (g) The national plan identifier, in accordance with 6 the compliance date set forth by the federal Department of 7 Health and Human Services. 8 9 The identification card must present the information in a 10 readily identifiable manner or, alternatively, the information 11 may be embedded on the card and available through magnetic 12 stripe or smart card. The information may also be provided 13 through other electronic technology. 14 Section 3. Present subsection (2) of section 627.657, 15 Florida Statutes, is renumbered as subsection (3), and a new 16 subsection (2) is added to that section, to read: 17 627.657 Provisions of group health insurance 18 policies.-- 19 (2) The medical policy as specified in s. 20 627.6699(3)(k) must be accompanied by an identification card 21 that contains, at a minimum: 22 (a) The name of the organization issuing the policy or 23 name of the organization administering the policy, whichever 24 applies. 25 (b) The name of the certificateholder. 26 (c) The type of plan only if the plan is filed in the 27 state, an indication that the plan is self-funded, or the name 28 of the network. 29 (d) The member identification number, contract number, 30 and policy or group number, if applicable. 31 (e) A contact phone number or electronic address for 3 2:50 PM 03/27/06 s1274d-bi25-c5t
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1274 Barcode 202220 1 authorizations. 2 (f) A phone number or electronic address whereby the 3 covered person or hospital, physician, or other person 4 rendering services covered by the policy may determine if the 5 plan is insured and may obtain a benefits verification in 6 order to estimate patient financial responsibility, in 7 compliance with privacy rules under the Health Insurance 8 Portability and Accountability Act. 9 (g) The national plan identifier, in accordance with 10 the compliance date set forth by the federal Department of 11 Health and Human Services. 12 13 The identification card must present the information in a 14 readily identifiable manner or, alternatively, the information 15 may be embedded on the card and available through magnetic 16 stripe or smart card. The information may also be provided 17 through other electronic technology. 18 Section 4. Present subsections (5) through (40) of 19 section 641.31, Florida Statutes, are renumbered as 20 subsections (6) through (41), respectively, and a new 21 subsection (5) is added to that section, to read: 22 641.31 Health maintenance contracts.-- 23 (5) The contract, certificate, or member handbook must 24 be accompanied by an identification card that contains, at a 25 minimum: 26 (a) The name of the organization offering the contract 27 or name of the organization administering the contract, 28 whichever applies. 29 (b) The name of the subscriber. 30 (c) A statement that the health plan is a health 31 maintenance organization. Only a health plan with a 4 2:50 PM 03/27/06 s1274d-bi25-c5t
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1274 Barcode 202220 1 certificate of authority issued under this chapter may be 2 identified as a health maintenance organization. 3 (d) The member identification number, contract number, 4 and group number, if applicable. 5 (e) A contact phone number or electronic address for 6 authorizations. 7 (f) A phone number or electronic address whereby the 8 covered person or hospital, physician, or other person 9 rendering services covered by the contract may determine if 10 the plan is insured and may obtain a benefits verification in 11 order to estimate patient financial responsibility, in 12 compliance with privacy rules under the Health Insurance 13 Portability and Accountability Act. 14 (g) The national plan identifier, in accordance with 15 the compliance date set forth by the federal Department of 16 Health and Human Services. 17 18 The identification card must present the information in a 19 readily identifiable manner or, alternatively, the information 20 may be embedded on the card and available through magnetic 21 stripe or smart card. The information may also be provided 22 through other electronic technology. 23 Section 5. Paragraph (j) of subsection (3) of section 24 383.145, Florida Statutes, is amended to read: 25 383.145 Newborn and infant hearing screening.-- 26 (3) REQUIREMENTS FOR SCREENING OF NEWBORNS; INSURANCE 27 COVERAGE; REFERRAL FOR ONGOING SERVICES.-- 28 (j) The initial procedure for screening the hearing of 29 the newborn or infant and any medically necessary followup 30 reevaluations leading to diagnosis shall be a covered benefit, 31 reimbursable under Medicaid as an expense compensated 5 2:50 PM 03/27/06 s1274d-bi25-c5t
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1274 Barcode 202220 1 supplemental to the per diem rate for Medicaid patients 2 enrolled in MediPass or Medicaid patients covered by a fee for 3 service program. For Medicaid patients enrolled in HMOs, 4 providers shall be reimbursed directly by the Medicaid Program 5 Office at the Medicaid rate. This service may not be 6 considered a covered service for the purposes of establishing 7 the payment rate for Medicaid HMOs. All health insurance 8 policies and health maintenance organizations as provided 9 under ss. 627.6416, 627.6579, and 641.31(31)(30), except for 10 supplemental policies that only provide coverage for specific 11 diseases, hospital indemnity, or Medicare supplement, or to 12 the supplemental polices, shall compensate providers for the 13 covered benefit at the contracted rate. Nonhospital-based 14 providers shall be eligible to bill Medicaid for the 15 professional and technical component of each procedure code. 16 Section 6. Paragraphs (b) and (i) of subsection (1) of 17 section 641.185, Florida Statutes, are amended to read: 18 641.185 Health maintenance organization subscriber 19 protections.-- 20 (1) With respect to the provisions of this part and 21 part III, the principles expressed in the following statements 22 shall serve as standards to be followed by the commission, the 23 office, the department, and the Agency for Health Care 24 Administration in exercising their powers and duties, in 25 exercising administrative discretion, in administrative 26 interpretations of the law, in enforcing its provisions, and 27 in adopting rules: 28 (b) A health maintenance organization subscriber 29 should receive quality health care from a broad panel of 30 providers, including referrals, preventive care pursuant to s. 31 641.402(1), emergency screening and services pursuant to ss. 6 2:50 PM 03/27/06 s1274d-bi25-c5t
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1274 Barcode 202220 1 641.31(13)(12) and 641.513, and second opinions pursuant to s. 2 641.51. 3 (i) A health maintenance organization subscriber 4 should receive timely and, if necessary, urgent grievances and 5 appeals within the health maintenance organization pursuant to 6 ss. 641.228, 641.31(6)(5), 641.47, and 641.511. 7 Section 7. Subsection (1) of section 641.2018, Florida 8 Statutes, is amended to read: 9 641.2018 Limited coverage for home health care 10 authorized.-- 11 (1) Notwithstanding other provisions of this chapter, 12 a health maintenance organization may issue a contract that 13 limits coverage to home health care services only. The 14 organization and the contract shall be subject to all of the 15 requirements of this part that do not require or otherwise 16 apply to specific benefits other than home care services. To 17 this extent, all of the requirements of this part apply to any 18 organization or contract that limits coverage to home care 19 services, except the requirements for providing comprehensive 20 health care services as provided in ss. 641.19(4), (11), and 21 (12), and 641.31(1), except ss. 641.31(10)(9), (13)(12), (17), 22 (18), (19), (20), (21), (22), and (25)(24) and 641.31095. 23 Section 8. Section 641.3107, Florida Statutes, is 24 amended to read: 25 641.3107 Delivery of contract.--Unless delivered upon 26 execution or issuance, a health maintenance contract, 27 certificate of coverage, or member handbook shall be mailed or 28 delivered to the subscriber or, in the case of a group health 29 maintenance contract, to the employer or other person who will 30 hold the contract on behalf of the subscriber group within 10 31 working days from approval of the enrollment form by the 7 2:50 PM 03/27/06 s1274d-bi25-c5t
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1274 Barcode 202220 1 health maintenance organization or by the effective date of 2 coverage, whichever occurs first. However, if the employer or 3 other person who will hold the contract on behalf of the 4 subscriber group requires retroactive enrollment of a 5 subscriber, the organization shall deliver the contract, 6 certificate, or member handbook to the subscriber within 10 7 days after receiving notice from the employer of the 8 retroactive enrollment. This section does not apply to the 9 delivery of those contracts specified in s. 641.31(14)(13). 10 Section 9. Paragraph (a) of subsection (7) of section 11 641.3922, Florida Statutes, is amended to read: 12 641.3922 Conversion contracts; conditions.--Issuance 13 of a converted contract shall be subject to the following 14 conditions: 15 (7) REASONS FOR CANCELLATION; TERMINATION.--The 16 converted health maintenance contract must contain a 17 cancellation or nonrenewability clause providing that the 18 health maintenance organization may refuse to renew the 19 contract of any person covered thereunder, but cancellation or 20 nonrenewal must be limited to one or more of the following 21 reasons: 22 (a) Fraud or intentional misrepresentation, subject to 23 the limitations of s. 641.31(24)(23), in applying for any 24 benefits under the converted health maintenance contract.; 25 Section 10. Subsection (4) of section 641.513, Florida 26 Statutes, is amended to read: 27 641.513 Requirements for providing emergency services 28 and care.-- 29 (4) A subscriber may be charged a reasonable 30 copayment, as provided in s. 641.31(13)(12), for the use of an 31 emergency room. 8 2:50 PM 03/27/06 s1274d-bi25-c5t
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1274 Barcode 202220 1 Section 11. Except as otherwise expressly provided in 2 this act, this act shall take effect January 1, 2007, and 3 shall apply to identification cards issued for policies or 4 certificates issued or renewed on or after that date. 5 6 7 ================ T I T L E A M E N D M E N T =============== 8 And the title is amended as follows: 9 Delete everything before the enacting clause 10 11 and insert: 12 A bill to be entitled 13 An act relating to plans, policies, contracts, 14 and programs for the provision of health care 15 services; amending s. 408.909, F.S.; revising 16 eligibility requirements for participation in 17 health flex plans; amending s. 627.642, F.S.; 18 requiring an identification card containing 19 specified information to be given to insureds 20 who have health and accident insurance; 21 amending s. 627.657, F.S.; requiring an 22 identification card containing specified 23 information to be given to insureds under group 24 health insurance policies; amending s. 641.31, 25 F.S.; requiring an identification card to be 26 given to persons having health care services 27 through a health maintenance contract; amending 28 ss. 383.145, 641.185, 641.2018, 641.3107, 29 641.3922, and 641.513, F.S.; conforming 30 cross-references to changes made by the act; 31 providing application; providing effective 9 2:50 PM 03/27/06 s1274d-bi25-c5t
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1274 Barcode 202220 1 dates. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 10 2:50 PM 03/27/06 s1274d-bi25-c5t