1 | The Health & Families Council recommends the following: |
2 |
|
3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to wellness programs; amending s. |
7 | 381.0054, F.S.; requiring the Department of Health to |
8 | collaborate with other state agencies in developing |
9 | policies and strategies to prevent and treat obesity which |
10 | shall be incorporated into agency programs; requiring the |
11 | department to advise health care practitioners regarding |
12 | morbidity, mortality, and costs associated with the |
13 | condition of being overweight or obese; requiring the |
14 | department to inform health care practitioners about |
15 | clinical best practices for obesity prevention and |
16 | treatment and to encourage practitioners to counsel their |
17 | patients regarding the adoption of healthy lifestyles; |
18 | amending s. 110.123, F.S.; defining the term "aged-based |
19 | and gender-based benefits" for purposes of the state group |
20 | insurance program; creating the Florida State Employee |
21 | Wellness Council within the Department of Management |
22 | Services; providing for membership; providing for |
23 | reimbursement of per diem and travel expenses; providing |
24 | purpose and duties of the council; providing an effective |
25 | date. |
26 |
|
27 | Be It Enacted by the Legislature of the State of Florida: |
28 |
|
29 | Section 1. Subsection (1) of section 381.0054, Florida |
30 | Statutes, is amended to read: |
31 | 381.0054 Healthy lifestyles promotion.-- |
32 | (1) The Department of Health shall promote healthy |
33 | lifestyles to reduce the prevalence of excess weight gain |
34 | overweight and obesity in Florida by implementing appropriate |
35 | physical activity and nutrition programs that are directed |
36 | towards target all Floridians by: |
37 | (a) Using all appropriate media to promote maximum public |
38 | awareness of the latest research on healthy lifestyles and |
39 | chronic diseases and disseminating relevant information through |
40 | a statewide clearinghouse relating to wellness, physical |
41 | activity, and nutrition and their impact on chronic diseases and |
42 | disabling conditions. |
43 | (b) Providing technical assistance, training, and |
44 | resources on healthy lifestyles and chronic diseases to the |
45 | public, county health departments, health care providers, school |
46 | districts, and other persons or entities, including faith-based |
47 | organizations, that request such assistance to promote physical |
48 | activity, nutrition, and healthy lifestyle programs. |
49 | (c) Developing, implementing, and using all available |
50 | research methods to collect data, including, but not limited to, |
51 | population-specific data, and track the incidence and effects of |
52 | weight gain, obesity, and related chronic diseases. The |
53 | department shall include an evaluation and data collection |
54 | component in all programs as appropriate. |
55 | (d) Partnering with the Department of Education, local |
56 | communities, school districts, and other entities to encourage |
57 | Florida schools to promote activities during and after school to |
58 | help students meet a minimum goal of 60 minutes of activity per |
59 | day. |
60 | (e) Partnering with the Department of Education, school |
61 | districts, and the Florida Sports Foundation to develop a |
62 | program that recognizes schools whose students demonstrate |
63 | excellent physical fitness or fitness improvement. |
64 | (f) Collaborating with other state agencies to develop |
65 | policies and strategies for preventing and treating obesity, |
66 | which shall be incorporated into programs administered by each |
67 | agency and shall include promoting healthy lifestyles of |
68 | employees of each agency. |
69 | (g) Advising, in accordance with s. 456.081, health care |
70 | practitioners licensed in this state regarding the morbidity, |
71 | mortality, and costs associated with the condition of being |
72 | overweight or obese, informing such practitioners of clinical |
73 | best practices for preventing and treating obesity, and |
74 | encouraging practitioners to counsel their patients regarding |
75 | the adoption of healthy lifestyles. |
76 | (h)(f) Maximizing all local, state, and federal funding |
77 | sources, including grants, public-private partnerships, and |
78 | other mechanisms, to strengthen the department's current |
79 | physical activity and nutrition programs and to enhance similar |
80 | county health department programs. |
81 | Section 2. Paragraph (h) of subsection (3) of section |
82 | 110.123, Florida Statutes, is amended, and subsection (13) is |
83 | added to that section, to read: |
84 | 110.123 State group insurance program.-- |
85 | (3) STATE GROUP INSURANCE PROGRAM.-- |
86 | (h)1. A person eligible to participate in the state group |
87 | insurance program may be authorized by rules adopted by the |
88 | department, in lieu of participating in the state group health |
89 | insurance plan, to exercise an option to elect membership in a |
90 | health maintenance organization plan which is under contract |
91 | with the state in accordance with criteria established by this |
92 | section and by said rules. The offer of optional membership in a |
93 | health maintenance organization plan permitted by this paragraph |
94 | may be limited or conditioned by rule as may be necessary to |
95 | meet the requirements of state and federal laws. |
96 | 2. The department shall contract with health maintenance |
97 | organizations seeking to participate in the state group |
98 | insurance program through a request for proposal or other |
99 | procurement process, as developed by the Department of |
100 | Management Services and determined to be appropriate. |
101 | a. The department shall establish a schedule of minimum |
102 | benefits for health maintenance organization coverage, and that |
103 | schedule shall include: physician services; inpatient and |
104 | outpatient hospital services; emergency medical services, |
105 | including out-of-area emergency coverage; diagnostic laboratory |
106 | and diagnostic and therapeutic radiologic services; mental |
107 | health, alcohol, and chemical dependency treatment services |
108 | meeting the minimum requirements of state and federal law; |
109 | skilled nursing facilities and services; prescription drugs; |
110 | age-based and gender-based wellness benefits; and other benefits |
111 | as may be required by the department. Additional services may be |
112 | provided subject to the contract between the department and the |
113 | HMO. As used in this paragraph, the term "age-based and gender- |
114 | based wellness benefits" includes aerobic exercise, education in |
115 | alcohol and substance abuse prevention, blood cholesterol |
116 | screening, health risk appraisals, blood pressure screening and |
117 | education, nutrition education, program planning, safety belt |
118 | education, smoking cessation, stress management, weight |
119 | management, and woman's health education. |
120 | b. The department may establish uniform deductibles, |
121 | copayments, coverage tiers, or coinsurance schedules for all |
122 | participating HMO plans. |
123 | c. The department may require detailed information from |
124 | each health maintenance organization participating in the |
125 | procurement process, including information pertaining to |
126 | organizational status, experience in providing prepaid health |
127 | benefits, accessibility of services, financial stability of the |
128 | plan, quality of management services, accreditation status, |
129 | quality of medical services, network access and adequacy, |
130 | performance measurement, ability to meet the department's |
131 | reporting requirements, and the actuarial basis of the proposed |
132 | rates and other data determined by the director to be necessary |
133 | for the evaluation and selection of health maintenance |
134 | organization plans and negotiation of appropriate rates for |
135 | these plans. Upon receipt of proposals by health maintenance |
136 | organization plans and the evaluation of those proposals, the |
137 | department may enter into negotiations with all of the plans or |
138 | a subset of the plans, as the department determines appropriate. |
139 | Nothing shall preclude the department from negotiating regional |
140 | or statewide contracts with health maintenance organization |
141 | plans when this is cost-effective and when the department |
142 | determines that the plan offers high value to enrollees. |
143 | d. The department may limit the number of HMOs that it |
144 | contracts with in each service area based on the nature of the |
145 | bids the department receives, the number of state employees in |
146 | the service area, or any unique geographical characteristics of |
147 | the service area. The department shall establish by rule service |
148 | areas throughout the state. |
149 | e. All persons participating in the state group insurance |
150 | program may be required to contribute towards a total state |
151 | group health premium that may vary depending upon the plan and |
152 | coverage tier selected by the enrollee and the level of state |
153 | contribution authorized by the Legislature. |
154 | 3. The department is authorized to negotiate and to |
155 | contract with specialty psychiatric hospitals for mental health |
156 | benefits, on a regional basis, for alcohol, drug abuse, and |
157 | mental and nervous disorders. The department may establish, |
158 | subject to the approval of the Legislature pursuant to |
159 | subsection (5), any such regional plan upon completion of an |
160 | actuarial study to determine any impact on plan benefits and |
161 | premiums. |
162 | 4. In addition to contracting pursuant to subparagraph 2., |
163 | the department may enter into contract with any HMO to |
164 | participate in the state group insurance program which: |
165 | a. Serves greater than 5,000 recipients on a prepaid basis |
166 | under the Medicaid program; |
167 | b. Does not currently meet the 25-percent non- |
168 | Medicare/non-Medicaid enrollment composition requirement |
169 | established by the Department of Health excluding participants |
170 | enrolled in the state group insurance program; |
171 | c. Meets the minimum benefit package and copayments and |
172 | deductibles contained in sub-subparagraphs 2.a. and b.; |
173 | d. Is willing to participate in the state group insurance |
174 | program at a cost of premiums that is not greater than 95 |
175 | percent of the cost of HMO premiums accepted by the department |
176 | in each service area; and |
177 | e. Meets the minimum surplus requirements of s. 641.225. |
178 |
|
179 | The department is authorized to contract with HMOs that meet the |
180 | requirements of sub-subparagraphs a.-d. prior to the open |
181 | enrollment period for state employees. The department is not |
182 | required to renew the contract with the HMOs as set forth in |
183 | this paragraph more than twice. Thereafter, the HMOs shall be |
184 | eligible to participate in the state group insurance program |
185 | only through the request for proposal or invitation to negotiate |
186 | process described in subparagraph 2. |
187 | 5. All enrollees in a state group health insurance plan, a |
188 | TRICARE supplemental insurance plan, or any health maintenance |
189 | organization plan have the option of changing to any other |
190 | health plan that is offered by the state within any open |
191 | enrollment period designated by the department. Open enrollment |
192 | shall be held at least once each calendar year. |
193 | 6. When a contract between a treating provider and the |
194 | state-contracted health maintenance organization is terminated |
195 | for any reason other than for cause, each party shall allow any |
196 | enrollee for whom treatment was active to continue coverage and |
197 | care when medically necessary, through completion of treatment |
198 | of a condition for which the enrollee was receiving care at the |
199 | time of the termination, until the enrollee selects another |
200 | treating provider, or until the next open enrollment period |
201 | offered, whichever is longer, but no longer than 6 months after |
202 | termination of the contract. Each party to the terminated |
203 | contract shall allow an enrollee who has initiated a course of |
204 | prenatal care, regardless of the trimester in which care was |
205 | initiated, to continue care and coverage until completion of |
206 | postpartum care. This does not prevent a provider from refusing |
207 | to continue to provide care to an enrollee who is abusive, |
208 | noncompliant, or in arrears in payments for services provided. |
209 | For care continued under this subparagraph, the program and the |
210 | provider shall continue to be bound by the terms of the |
211 | terminated contract. Changes made within 30 days before |
212 | termination of a contract are effective only if agreed to by |
213 | both parties. |
214 | 7. Any HMO participating in the state group insurance |
215 | program shall submit health care utilization and cost data to |
216 | the department, in such form and in such manner as the |
217 | department shall require, as a condition of participating in the |
218 | program. The department shall enter into negotiations with its |
219 | contracting HMOs to determine the nature and scope of the data |
220 | submission and the final requirements, format, penalties |
221 | associated with noncompliance, and timetables for submission. |
222 | These determinations shall be adopted by rule. |
223 | 8. The department may establish and direct, with respect |
224 | to collective bargaining issues, a comprehensive package of |
225 | insurance benefits that may include supplemental health and life |
226 | coverage, dental care, long-term care, vision care, and other |
227 | benefits it determines necessary to enable state employees to |
228 | select from among benefit options that best suit their |
229 | individual and family needs. |
230 | a. Based upon a desired benefit package, the department |
231 | shall issue a request for proposal or invitation to negotiate |
232 | for health insurance providers interested in participating in |
233 | the state group insurance program, and the department shall |
234 | issue a request for proposal or invitation to negotiate for |
235 | insurance providers interested in participating in the non- |
236 | health-related components of the state group insurance program. |
237 | Upon receipt of all proposals, the department may enter into |
238 | contract negotiations with insurance providers submitting bids |
239 | or negotiate a specially designed benefit package. Insurance |
240 | providers offering or providing supplemental coverage as of May |
241 | 30, 1991, which qualify for pretax benefit treatment pursuant to |
242 | s. 125 of the Internal Revenue Code of 1986, with 5,500 or more |
243 | state employees currently enrolled may be included by the |
244 | department in the supplemental insurance benefit plan |
245 | established by the department without participating in a request |
246 | for proposal, submitting bids, negotiating contracts, or |
247 | negotiating a specially designed benefit package. These |
248 | contracts shall provide state employees with the most cost- |
249 | effective and comprehensive coverage available; however, no |
250 | state or agency funds shall be contributed toward the cost of |
251 | any part of the premium of such supplemental benefit plans. With |
252 | respect to dental coverage, the division shall include in any |
253 | solicitation or contract for any state group dental program made |
254 | after July 1, 2001, a comprehensive indemnity dental plan option |
255 | which offers enrollees a completely unrestricted choice of |
256 | dentists. If a dental plan is endorsed, or in some manner |
257 | recognized as the preferred product, such plan shall include a |
258 | comprehensive indemnity dental plan option which provides |
259 | enrollees with a completely unrestricted choice of dentists. |
260 | b. Pursuant to the applicable provisions of s. 110.161, |
261 | and s. 125 of the Internal Revenue Code of 1986, the department |
262 | shall enroll in the pretax benefit program those state employees |
263 | who voluntarily elect coverage in any of the supplemental |
264 | insurance benefit plans as provided by sub-subparagraph a. |
265 | c. Nothing herein contained shall be construed to prohibit |
266 | insurance providers from continuing to provide or offer |
267 | supplemental benefit coverage to state employees as provided |
268 | under existing agency plans. |
269 | (13) FLORIDA STATE EMPLOYEE WELLNESS COUNCIL.-- |
270 | (a) There is created within the department the Florida |
271 | State Employee Wellness Council. |
272 | (b) The council shall be an advisory body to the |
273 | department to provide health education information to employees |
274 | and to assist the department in developing minimum benefits for |
275 | all health care providers when providing age-based and gender- |
276 | based wellness benefits. |
277 | (c) The council shall be composed of nine members |
278 | appointed by the Governor. When making appointments to the |
279 | council, the Governor shall appoint persons who are residents of |
280 | the state and who are highly knowledgeable concerning, active |
281 | in, and recognized leaders in the health and medical field, at |
282 | least one of whom must be an employee of the state. Council |
283 | members shall equitably represent the broadest spectrum of the |
284 | health industry and the geographic areas of the state. Not more |
285 | than one member of the council may be from any one company, |
286 | organization, or association. |
287 | (d)1. Council members shall be appointed to 4-year terms, |
288 | except that the initial terms shall be staggered. The Governor |
289 | shall appoint three members to 2-year terms, three members to 3- |
290 | year terms, and three members to 4-year terms. |
291 | 2. A member's absence from three consecutive meetings |
292 | shall result in his or her automatic removal from the council. A |
293 | vacancy on the council shall be filled for the remainder of the |
294 | unexpired term. |
295 | (e) The council shall annually elect from its membership |
296 | one member to serve as chair of the council and one member to |
297 | serve as vice chair. |
298 | (f) The first meeting of the council shall be called by |
299 | the chair not more than 60 days after the council members are |
300 | appointed by the Governor. The council shall thereafter meet at |
301 | least once quarterly and may meet more often as necessary. The |
302 | department shall provide staff assistance to the council which |
303 | shall include, but not be limited to, keeping records of the |
304 | proceedings of the council and serving as custodian of all |
305 | books, documents, and papers filed with the council. |
306 | (g) A majority of the members of the council constitutes a |
307 | quorum. |
308 | (h) Members of the council shall serve without |
309 | compensation, but are entitled to reimbursement for per diem and |
310 | travel expenses as provided in s. 112.061 while performing their |
311 | duties. |
312 | (i) The council shall: |
313 | 1. Work to encourage participation in wellness programs by |
314 | state employees. The council may prepare informational programs |
315 | and brochures for state agencies and employees. |
316 | 2. In consultation with the department, develop standards |
317 | and criteria for age-based and gender-based wellness programs. |
318 | 3. In consultation with the department, recommend a |
319 | "healthy food and beverage" menu for cafeterias and other food- |
320 | service establishments located in buildings owned, operated, or |
321 | leased by the state. |
322 | Section 3. This act shall take effect July 1, 2006. |