Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 1324
                        Barcode 181212
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 3/AD/2R          .                    
       04/28/2006 02:41 PM         .                    
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11  Senator Peaden moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 3, between lines 12 and 13,
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16  insert:  
17         Section 2.  Paragraph (h) of subsection (3) of section
18  110.123, Florida Statutes, is amended, and subsection (13) is
19  added to that section, to read:
20         110.123  State group insurance program.--
21         (3)  STATE GROUP INSURANCE PROGRAM.--
22         (h)1.  A person eligible to participate in the state
23  group insurance program may be authorized by rules adopted by
24  the department, in lieu of participating in the state group
25  health insurance plan, to exercise an option to elect
26  membership in a health maintenance organization plan which is
27  under contract with the state in accordance with criteria
28  established by this section and by said rules. The offer of
29  optional membership in a health maintenance organization plan
30  permitted by this paragraph may be limited or conditioned by
31  rule as may be necessary to meet the requirements of state and
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    8:18 AM   04/26/06                             s1324c2c-02-t01

Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1324 Barcode 181212 1 federal laws. 2 2. The department shall contract with health 3 maintenance organizations seeking to participate in the state 4 group insurance program through a request for proposal or 5 other procurement process, as developed by the Department of 6 Management Services and determined to be appropriate. 7 a. The department shall establish a schedule of 8 minimum benefits for health maintenance organization coverage, 9 and that schedule shall include: physician services; inpatient 10 and outpatient hospital services; emergency medical services, 11 including out-of-area emergency coverage; diagnostic 12 laboratory and diagnostic and therapeutic radiologic services; 13 mental health, alcohol, and chemical dependency treatment 14 services meeting the minimum requirements of state and federal 15 law; skilled nursing facilities and services; prescription 16 drugs; age-based and gender-based wellness benefits; and other 17 benefits as may be required by the department. Additional 18 services may be provided subject to the contract between the 19 department and the HMO. As used in this paragraph, the term 20 "age-based and gender-based wellness benefits" includes 21 aerobic exercise, education in alcohol and substance abuse 22 prevention, blood cholesterol screening, health risk 23 appraisals, blood pressure screening and education, nutrition 24 education, program planning, safety belt education, smoking 25 cessation, stress management, weight management, and woman's 26 health education. 27 b. The department may establish uniform deductibles, 28 copayments, coverage tiers, or coinsurance schedules for all 29 participating HMO plans. 30 c. The department may require detailed information 31 from each health maintenance organization participating in the 2 8:18 AM 04/26/06 s1324c2c-02-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1324 Barcode 181212 1 procurement process, including information pertaining to 2 organizational status, experience in providing prepaid health 3 benefits, accessibility of services, financial stability of 4 the plan, quality of management services, accreditation 5 status, quality of medical services, network access and 6 adequacy, performance measurement, ability to meet the 7 department's reporting requirements, and the actuarial basis 8 of the proposed rates and other data determined by the 9 director to be necessary for the evaluation and selection of 10 health maintenance organization plans and negotiation of 11 appropriate rates for these plans. Upon receipt of proposals 12 by health maintenance organization plans and the evaluation of 13 those proposals, the department may enter into negotiations 14 with all of the plans or a subset of the plans, as the 15 department determines appropriate. Nothing shall preclude the 16 department from negotiating regional or statewide contracts 17 with health maintenance organization plans when this is 18 cost-effective and when the department determines that the 19 plan offers high value to enrollees. 20 d. The department may limit the number of HMOs that it 21 contracts with in each service area based on the nature of the 22 bids the department receives, the number of state employees in 23 the service area, or any unique geographical characteristics 24 of the service area. The department shall establish by rule 25 service areas throughout the state. 26 e. All persons participating in the state group 27 insurance program may be required to contribute towards a 28 total state group health premium that may vary depending upon 29 the plan and coverage tier selected by the enrollee and the 30 level of state contribution authorized by the Legislature. 31 3. The department is authorized to negotiate and to 3 8:18 AM 04/26/06 s1324c2c-02-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1324 Barcode 181212 1 contract with specialty psychiatric hospitals for mental 2 health benefits, on a regional basis, for alcohol, drug abuse, 3 and mental and nervous disorders. The department may 4 establish, subject to the approval of the Legislature pursuant 5 to subsection (5), any such regional plan upon completion of 6 an actuarial study to determine any impact on plan benefits 7 and premiums. 8 4. In addition to contracting pursuant to subparagraph 9 2., the department may enter into contract with any HMO to 10 participate in the state group insurance program which: 11 a. Serves greater than 5,000 recipients on a prepaid 12 basis under the Medicaid program; 13 b. Does not currently meet the 25-percent 14 non-Medicare/non-Medicaid enrollment composition requirement 15 established by the Department of Health excluding participants 16 enrolled in the state group insurance program; 17 c. Meets the minimum benefit package and copayments 18 and deductibles contained in sub-subparagraphs 2.a. and b.; 19 d. Is willing to participate in the state group 20 insurance program at a cost of premiums that is not greater 21 than 95 percent of the cost of HMO premiums accepted by the 22 department in each service area; and 23 e. Meets the minimum surplus requirements of s. 24 641.225. 25 26 The department is authorized to contract with HMOs that meet 27 the requirements of sub-subparagraphs a.-d. prior to the open 28 enrollment period for state employees. The department is not 29 required to renew the contract with the HMOs as set forth in 30 this paragraph more than twice. Thereafter, the HMOs shall be 31 eligible to participate in the state group insurance program 4 8:18 AM 04/26/06 s1324c2c-02-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1324 Barcode 181212 1 only through the request for proposal or invitation to 2 negotiate process described in subparagraph 2. 3 5. All enrollees in a state group health insurance 4 plan, a TRICARE supplemental insurance plan, or any health 5 maintenance organization plan have the option of changing to 6 any other health plan that is offered by the state within any 7 open enrollment period designated by the department. Open 8 enrollment shall be held at least once each calendar year. 9 6. When a contract between a treating provider and the 10 state-contracted health maintenance organization is terminated 11 for any reason other than for cause, each party shall allow 12 any enrollee for whom treatment was active to continue 13 coverage and care when medically necessary, through completion 14 of treatment of a condition for which the enrollee was 15 receiving care at the time of the termination, until the 16 enrollee selects another treating provider, or until the next 17 open enrollment period offered, whichever is longer, but no 18 longer than 6 months after termination of the contract. Each 19 party to the terminated contract shall allow an enrollee who 20 has initiated a course of prenatal care, regardless of the 21 trimester in which care was initiated, to continue care and 22 coverage until completion of postpartum care. This does not 23 prevent a provider from refusing to continue to provide care 24 to an enrollee who is abusive, noncompliant, or in arrears in 25 payments for services provided. For care continued under this 26 subparagraph, the program and the provider shall continue to 27 be bound by the terms of the terminated contract. Changes made 28 within 30 days before termination of a contract are effective 29 only if agreed to by both parties. 30 7. Any HMO participating in the state group insurance 31 program shall submit health care utilization and cost data to 5 8:18 AM 04/26/06 s1324c2c-02-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1324 Barcode 181212 1 the department, in such form and in such manner as the 2 department shall require, as a condition of participating in 3 the program. The department shall enter into negotiations with 4 its contracting HMOs to determine the nature and scope of the 5 data submission and the final requirements, format, penalties 6 associated with noncompliance, and timetables for submission. 7 These determinations shall be adopted by rule. 8 8. The department may establish and direct, with 9 respect to collective bargaining issues, a comprehensive 10 package of insurance benefits that may include supplemental 11 health and life coverage, dental care, long-term care, vision 12 care, and other benefits it determines necessary to enable 13 state employees to select from among benefit options that best 14 suit their individual and family needs. 15 a. Based upon a desired benefit package, the 16 department shall issue a request for proposal or invitation to 17 negotiate for health insurance providers interested in 18 participating in the state group insurance program, and the 19 department shall issue a request for proposal or invitation to 20 negotiate for insurance providers interested in participating 21 in the non-health-related components of the state group 22 insurance program. Upon receipt of all proposals, the 23 department may enter into contract negotiations with insurance 24 providers submitting bids or negotiate a specially designed 25 benefit package. Insurance providers offering or providing 26 supplemental coverage as of May 30, 1991, which qualify for 27 pretax benefit treatment pursuant to s. 125 of the Internal 28 Revenue Code of 1986, with 5,500 or more state employees 29 currently enrolled may be included by the department in the 30 supplemental insurance benefit plan established by the 31 department without participating in a request for proposal, 6 8:18 AM 04/26/06 s1324c2c-02-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1324 Barcode 181212 1 submitting bids, negotiating contracts, or negotiating a 2 specially designed benefit package. These contracts shall 3 provide state employees with the most cost-effective and 4 comprehensive coverage available; however, no state or agency 5 funds shall be contributed toward the cost of any part of the 6 premium of such supplemental benefit plans. With respect to 7 dental coverage, the division shall include in any 8 solicitation or contract for any state group dental program 9 made after July 1, 2001, a comprehensive indemnity dental plan 10 option which offers enrollees a completely unrestricted choice 11 of dentists. If a dental plan is endorsed, or in some manner 12 recognized as the preferred product, such plan shall include a 13 comprehensive indemnity dental plan option which provides 14 enrollees with a completely unrestricted choice of dentists. 15 b. Pursuant to the applicable provisions of s. 16 110.161, and s. 125 of the Internal Revenue Code of 1986, the 17 department shall enroll in the pretax benefit program those 18 state employees who voluntarily elect coverage in any of the 19 supplemental insurance benefit plans as provided by 20 sub-subparagraph a. 21 c. Nothing herein contained shall be construed to 22 prohibit insurance providers from continuing to provide or 23 offer supplemental benefit coverage to state employees as 24 provided under existing agency plans. 25 (13) FLORIDA STATE EMPLOYEE WELLNESS COUNCIL.-- 26 (a) There is created within the department the Florida 27 State Employee Wellness Council. 28 (b) The council shall be an advisory body to the 29 department to provide health education information to 30 employees and to assist the department in developing minimum 31 benefits for all health care providers when providing 7 8:18 AM 04/26/06 s1324c2c-02-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1324 Barcode 181212 1 age-based and gender-based wellness benefits. 2 (c) The council shall be composed of nine members 3 appointed by the Governor. When making appointments to the 4 council, the Governor shall appoint persons who are residents 5 of the state and who are highly knowledgeable concerning, 6 active in, and recognized leaders in the health and medical 7 field, at least one of whom must be an employee of the state. 8 Council members shall equitably represent the broadest 9 spectrum of the health industry and the geographic areas of 10 the state. Not more than one member of the council may be from 11 any one company, organization, or association. 12 (d)1. Council members shall be appointed to 4-year 13 terms, except that the initial terms shall be staggered. The 14 Governor shall appoint three members to 2-year terms, three 15 members to 3-year terms, and three members to 4-year terms. 16 2. A member's absence from three consecutive meetings 17 shall result in his or her automatic removal from the council. 18 A vacancy on the council shall be filled for the remainder of 19 the unexpired term. 20 (e) The council shall annually elect from its 21 membership one member to serve as chair of the council and one 22 member to serve as vice chair. 23 (f) The first meeting of the council shall be called 24 by the chair not more than 60 days after the council members 25 are appointed by the Governor. The council shall thereafter 26 meet at least once quarterly and may meet more often as 27 necessary. The department shall provide staff assistance to 28 the council which shall include, but not be limited to, 29 keeping records of the proceedings of the council and serving 30 as custodian of all books, documents, and papers filed with 31 the council. 8 8:18 AM 04/26/06 s1324c2c-02-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1324 Barcode 181212 1 (g) A majority of the members of the council 2 constitutes a quorum. 3 (h) Members of the council shall serve without 4 compensation, but are entitled to reimbursement for per diem 5 and travel expenses as provided in s. 112.061 while performing 6 their duties. 7 (i) The council shall: 8 1. Work to encourage participation in wellness 9 programs by state employees. The council may prepare 10 informational programs and brochures for state agencies and 11 employees. 12 2. In consultation with the department, develop 13 standards and criteria for age-based and gender-based wellness 14 programs. 15 3. In consultation with the department, recommend a 16 "healthy food and beverage" menu for cafeterias and other 17 food-service establishments located in buildings owned, 18 operated, or leased by the state. 19 20 (Redesignate subsequent sections.) 21 22 23 ================ T I T L E A M E N D M E N T =============== 24 And the title is amended as follows: 25 On page 1, line 16, after the semicolon, 26 27 insert: 28 amending s. 110.123, F.S.; defining the term 29 "age-based and gender-based benefits" for 30 purposes of the state group insurance program; 31 creating the Florida State Employee Wellness 9 8:18 AM 04/26/06 s1324c2c-02-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1324 Barcode 181212 1 Council within the Department of Management 2 Services; providing for membership; providing 3 for reimbursement of per diem and travel 4 expenses; providing purpose and duties of the 5 council; 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 8:18 AM 04/26/06 s1324c2c-02-t01