HB 7203CS

CHAMBER ACTION




1The Health & Families Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to wellness programs; amending s.
7381.0054, F.S.; requiring the Department of Health to
8collaborate with other state agencies in developing
9policies and strategies to prevent and treat obesity which
10shall be incorporated into agency programs; requiring the
11department to advise health care practitioners regarding
12morbidity, mortality, and costs associated with the
13condition of being overweight or obese; requiring the
14department to inform health care practitioners about
15clinical best practices for obesity prevention and
16treatment and to encourage practitioners to counsel their
17patients regarding the adoption of healthy lifestyles;
18amending s. 110.123, F.S.; defining the term "aged-based
19and gender-based benefits" for purposes of the state group
20insurance program; creating the Florida State Employee
21Wellness Council within the Department of Management
22Services; providing for membership; providing for
23reimbursement of per diem and travel expenses; providing
24purpose and duties of the council; providing an effective
25date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Subsection (1) of section 381.0054, Florida
30Statutes, is amended to read:
31     381.0054  Healthy lifestyles promotion.--
32     (1)  The Department of Health shall promote healthy
33lifestyles to reduce the prevalence of excess weight gain
34overweight and obesity in Florida by implementing appropriate
35physical activity and nutrition programs that are directed
36towards target all Floridians by:
37     (a)  Using all appropriate media to promote maximum public
38awareness of the latest research on healthy lifestyles and
39chronic diseases and disseminating relevant information through
40a statewide clearinghouse relating to wellness, physical
41activity, and nutrition and their impact on chronic diseases and
42disabling conditions.
43     (b)  Providing technical assistance, training, and
44resources on healthy lifestyles and chronic diseases to the
45public, county health departments, health care providers, school
46districts, and other persons or entities, including faith-based
47organizations, that request such assistance to promote physical
48activity, nutrition, and healthy lifestyle programs.
49     (c)  Developing, implementing, and using all available
50research methods to collect data, including, but not limited to,
51population-specific data, and track the incidence and effects of
52weight gain, obesity, and related chronic diseases. The
53department shall include an evaluation and data collection
54component in all programs as appropriate.
55     (d)  Partnering with the Department of Education, local
56communities, school districts, and other entities to encourage
57Florida schools to promote activities during and after school to
58help students meet a minimum goal of 60 minutes of activity per
59day.
60     (e)  Partnering with the Department of Education, school
61districts, and the Florida Sports Foundation to develop a
62program that recognizes schools whose students demonstrate
63excellent physical fitness or fitness improvement.
64     (f)  Collaborating with other state agencies to develop
65policies and strategies for preventing and treating obesity,
66which shall be incorporated into programs administered by each
67agency and shall include promoting healthy lifestyles of
68employees of each agency.
69     (g)  Advising, in accordance with s. 456.081, health care
70practitioners licensed in this state regarding the morbidity,
71mortality, and costs associated with the condition of being
72overweight or obese, informing such practitioners of clinical
73best practices for preventing and treating obesity, and
74encouraging practitioners to counsel their patients regarding
75the adoption of healthy lifestyles.
76     (h)(f)  Maximizing all local, state, and federal funding
77sources, including grants, public-private partnerships, and
78other mechanisms, to strengthen the department's current
79physical activity and nutrition programs and to enhance similar
80county health department programs.
81     Section 2.  Paragraph (h) of subsection (3) of section
82110.123, Florida Statutes, is amended, and subsection (13) is
83added 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
87insurance program may be authorized by rules adopted by the
88department, in lieu of participating in the state group health
89insurance plan, to exercise an option to elect membership in a
90health maintenance organization plan which is under contract
91with the state in accordance with criteria established by this
92section and by said rules. The offer of optional membership in a
93health maintenance organization plan permitted by this paragraph
94may be limited or conditioned by rule as may be necessary to
95meet the requirements of state and federal laws.
96     2.  The department shall contract with health maintenance
97organizations seeking to participate in the state group
98insurance program through a request for proposal or other
99procurement process, as developed by the Department of
100Management Services and determined to be appropriate.
101     a.  The department shall establish a schedule of minimum
102benefits for health maintenance organization coverage, and that
103schedule shall include: physician services; inpatient and
104outpatient hospital services; emergency medical services,
105including out-of-area emergency coverage; diagnostic laboratory
106and diagnostic and therapeutic radiologic services; mental
107health, alcohol, and chemical dependency treatment services
108meeting the minimum requirements of state and federal law;
109skilled nursing facilities and services; prescription drugs;
110age-based and gender-based wellness benefits; and other benefits
111as may be required by the department. Additional services may be
112provided subject to the contract between the department and the
113HMO. As used in this paragraph, the term "age-based and gender-
114based wellness benefits" includes aerobic exercise, education in
115alcohol and substance abuse prevention, blood cholesterol
116screening, health risk appraisals, blood pressure screening and
117education, nutrition education, program planning, safety belt
118education, smoking cessation, stress management, weight
119management, and woman's health education.
120     b.  The department may establish uniform deductibles,
121copayments, coverage tiers, or coinsurance schedules for all
122participating HMO plans.
123     c.  The department may require detailed information from
124each health maintenance organization participating in the
125procurement process, including information pertaining to
126organizational status, experience in providing prepaid health
127benefits, accessibility of services, financial stability of the
128plan, quality of management services, accreditation status,
129quality of medical services, network access and adequacy,
130performance measurement, ability to meet the department's
131reporting requirements, and the actuarial basis of the proposed
132rates and other data determined by the director to be necessary
133for the evaluation and selection of health maintenance
134organization plans and negotiation of appropriate rates for
135these plans. Upon receipt of proposals by health maintenance
136organization plans and the evaluation of those proposals, the
137department may enter into negotiations with all of the plans or
138a subset of the plans, as the department determines appropriate.
139Nothing shall preclude the department from negotiating regional
140or statewide contracts with health maintenance organization
141plans when this is cost-effective and when the department
142determines that the plan offers high value to enrollees.
143     d.  The department may limit the number of HMOs that it
144contracts with in each service area based on the nature of the
145bids the department receives, the number of state employees in
146the service area, or any unique geographical characteristics of
147the service area. The department shall establish by rule service
148areas throughout the state.
149     e.  All persons participating in the state group insurance
150program may be required to contribute towards a total state
151group health premium that may vary depending upon the plan and
152coverage tier selected by the enrollee and the level of state
153contribution authorized by the Legislature.
154     3.  The department is authorized to negotiate and to
155contract with specialty psychiatric hospitals for mental health
156benefits, on a regional basis, for alcohol, drug abuse, and
157mental and nervous disorders. The department may establish,
158subject to the approval of the Legislature pursuant to
159subsection (5), any such regional plan upon completion of an
160actuarial study to determine any impact on plan benefits and
161premiums.
162     4.  In addition to contracting pursuant to subparagraph 2.,
163the department may enter into contract with any HMO to
164participate in the state group insurance program which:
165     a.  Serves greater than 5,000 recipients on a prepaid basis
166under the Medicaid program;
167     b.  Does not currently meet the 25-percent non-
168Medicare/non-Medicaid enrollment composition requirement
169established by the Department of Health excluding participants
170enrolled in the state group insurance program;
171     c.  Meets the minimum benefit package and copayments and
172deductibles contained in sub-subparagraphs 2.a. and b.;
173     d.  Is willing to participate in the state group insurance
174program at a cost of premiums that is not greater than 95
175percent of the cost of HMO premiums accepted by the department
176in each service area; and
177     e.  Meets the minimum surplus requirements of s. 641.225.
178
179The department is authorized to contract with HMOs that meet the
180requirements of sub-subparagraphs a.-d. prior to the open
181enrollment period for state employees. The department is not
182required to renew the contract with the HMOs as set forth in
183this paragraph more than twice. Thereafter, the HMOs shall be
184eligible to participate in the state group insurance program
185only through the request for proposal or invitation to negotiate
186process described in subparagraph 2.
187     5.  All enrollees in a state group health insurance plan, a
188TRICARE supplemental insurance plan, or any health maintenance
189organization plan have the option of changing to any other
190health plan that is offered by the state within any open
191enrollment period designated by the department. Open enrollment
192shall be held at least once each calendar year.
193     6.  When a contract between a treating provider and the
194state-contracted health maintenance organization is terminated
195for any reason other than for cause, each party shall allow any
196enrollee for whom treatment was active to continue coverage and
197care when medically necessary, through completion of treatment
198of a condition for which the enrollee was receiving care at the
199time of the termination, until the enrollee selects another
200treating provider, or until the next open enrollment period
201offered, whichever is longer, but no longer than 6 months after
202termination of the contract. Each party to the terminated
203contract shall allow an enrollee who has initiated a course of
204prenatal care, regardless of the trimester in which care was
205initiated, to continue care and coverage until completion of
206postpartum care. This does not prevent a provider from refusing
207to continue to provide care to an enrollee who is abusive,
208noncompliant, or in arrears in payments for services provided.
209For care continued under this subparagraph, the program and the
210provider shall continue to be bound by the terms of the
211terminated contract. Changes made within 30 days before
212termination of a contract are effective only if agreed to by
213both parties.
214     7.  Any HMO participating in the state group insurance
215program shall submit health care utilization and cost data to
216the department, in such form and in such manner as the
217department shall require, as a condition of participating in the
218program. The department shall enter into negotiations with its
219contracting HMOs to determine the nature and scope of the data
220submission and the final requirements, format, penalties
221associated with noncompliance, and timetables for submission.
222These determinations shall be adopted by rule.
223     8.  The department may establish and direct, with respect
224to collective bargaining issues, a comprehensive package of
225insurance benefits that may include supplemental health and life
226coverage, dental care, long-term care, vision care, and other
227benefits it determines necessary to enable state employees to
228select from among benefit options that best suit their
229individual and family needs.
230     a.  Based upon a desired benefit package, the department
231shall issue a request for proposal or invitation to negotiate
232for health insurance providers interested in participating in
233the state group insurance program, and the department shall
234issue a request for proposal or invitation to negotiate for
235insurance providers interested in participating in the non-
236health-related components of the state group insurance program.
237Upon receipt of all proposals, the department may enter into
238contract negotiations with insurance providers submitting bids
239or negotiate a specially designed benefit package. Insurance
240providers offering or providing supplemental coverage as of May
24130, 1991, which qualify for pretax benefit treatment pursuant to
242s. 125 of the Internal Revenue Code of 1986, with 5,500 or more
243state employees currently enrolled may be included by the
244department in the supplemental insurance benefit plan
245established by the department without participating in a request
246for proposal, submitting bids, negotiating contracts, or
247negotiating a specially designed benefit package. These
248contracts shall provide state employees with the most cost-
249effective and comprehensive coverage available; however, no
250state or agency funds shall be contributed toward the cost of
251any part of the premium of such supplemental benefit plans. With
252respect to dental coverage, the division shall include in any
253solicitation or contract for any state group dental program made
254after July 1, 2001, a comprehensive indemnity dental plan option
255which offers enrollees a completely unrestricted choice of
256dentists. If a dental plan is endorsed, or in some manner
257recognized as the preferred product, such plan shall include a
258comprehensive indemnity dental plan option which provides
259enrollees with a completely unrestricted choice of dentists.
260     b.  Pursuant to the applicable provisions of s. 110.161,
261and s. 125 of the Internal Revenue Code of 1986, the department
262shall enroll in the pretax benefit program those state employees
263who voluntarily elect coverage in any of the supplemental
264insurance benefit plans as provided by sub-subparagraph a.
265     c.  Nothing herein contained shall be construed to prohibit
266insurance providers from continuing to provide or offer
267supplemental benefit coverage to state employees as provided
268under existing agency plans.
269     (13)  FLORIDA STATE EMPLOYEE WELLNESS COUNCIL.--
270     (a)  There is created within the department the Florida
271State Employee Wellness Council.
272     (b)  The council shall be an advisory body to the
273department to provide health education information to employees
274and to assist the department in developing minimum benefits for
275all health care providers when providing age-based and gender-
276based wellness benefits.
277     (c)  The council shall be composed of nine members
278appointed by the Governor. When making appointments to the
279council, the Governor shall appoint persons who are residents of
280the state and who are highly knowledgeable concerning, active
281in, and recognized leaders in the health and medical field, at
282least one of whom must be an employee of the state. Council
283members shall equitably represent the broadest spectrum of the
284health industry and the geographic areas of the state. Not more
285than one member of the council may be from any one company,
286organization, or association.
287     (d)1.  Council members shall be appointed to 4-year terms,
288except that the initial terms shall be staggered. The Governor
289shall appoint three members to 2-year terms, three members to 3-
290year terms, and three members to 4-year terms.
291     2.  A member's absence from three consecutive meetings
292shall result in his or her automatic removal from the council. A
293vacancy on the council shall be filled for the remainder of the
294unexpired term.
295     (e)  The council shall annually elect from its membership
296one member to serve as chair of the council and one member to
297serve as vice chair.
298     (f)  The first meeting of the council shall be called by
299the chair not more than 60 days after the council members are
300appointed by the Governor. The council shall thereafter meet at
301least once quarterly and may meet more often as necessary. The
302department shall provide staff assistance to the council which
303shall include, but not be limited to, keeping records of the
304proceedings of the council and serving as custodian of all
305books, documents, and papers filed with the council.
306     (g)  A majority of the members of the council constitutes a
307quorum.
308     (h)  Members of the council shall serve without
309compensation, but are entitled to reimbursement for per diem and
310travel expenses as provided in s. 112.061 while performing their
311duties.
312     (i)  The council shall:
313     1.  Work to encourage participation in wellness programs by
314state employees. The council may prepare informational programs
315and brochures for state agencies and employees.
316     2.  In consultation with the department, develop standards
317and 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-
320service establishments located in buildings owned, operated, or
321leased by the state.
322     Section 3.  This act shall take effect July 1, 2006.


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