Amendment
Bill No. 0805
Amendment No. 132529
CHAMBER ACTION
Senate House
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1Representative(s) Benson, H. Gibson, Baxley, Galvano, Kendrick,
2Garcia, Negron, and Bean offered the following:
3
4     Substitute Amendment for Amendment (446541) (with title
5amendment)
6
7     Remove line 250 and insert:
8     Section 11.  Effective July 1, 2007, and applicable to any
9policy issued, written, or renewed on or after such date,
10section 627.668, Florida Statutes, is amended to read:
11     627.668  Optional coverage for mental and nervous disorders
12required; exception.--
13     (1)  Every insurer, health maintenance organization, and
14nonprofit hospital and medical service plan corporation
15transacting group health insurance or providing prepaid health
16care in this state shall make available to the policyholder as
17part of the application, for an appropriate additional premium
18under a group hospital and medical expense-incurred insurance
19policy, under a group prepaid health care contract, and under a
20group hospital and medical service plan contract, the benefits
21or level of benefits specified in subsection (2) for the
22necessary care and treatment of mental and nervous disorders, as
23defined in the standard nomenclature of the American Psychiatric
24Association, subject to the right of the applicant for a group
25policy or contract to select any alternative benefits or level
26of benefits as may be offered by the insurer, health maintenance
27organization, or service plan corporation provided that, if
28alternate inpatient, outpatient, or partial hospitalization
29benefits are selected, such benefits shall not be less than the
30level of benefits required under paragraph (2)(a), paragraph
31(2)(b), or paragraph (2)(c), respectively.
32     (2)  Under group policies or contracts, inpatient hospital
33benefits, partial hospitalization benefits, and outpatient
34benefits consisting of durational limits, dollar amounts,
35deductibles, and coinsurance factors shall not be less favorable
36than for physical illness generally, except that:
37     (a)  Inpatient benefits may be limited to not less than 30
38days per benefit year as defined in the policy or contract. If
39inpatient hospital benefits are provided beyond 30 days per
40benefit year, the durational limits, dollar amounts, and
41coinsurance factors thereto need not be the same as applicable
42to physical illness generally.
43     (b)  Outpatient benefits may be limited to $1,000 for
44consultations with a licensed physician, a psychologist licensed
45pursuant to chapter 490, a mental health counselor licensed
46pursuant to chapter 491, a marriage and family therapist
47licensed pursuant to chapter 491, and a clinical social worker
48licensed pursuant to chapter 491. If benefits are provided
49beyond the $1,000 per benefit year, the durational limits,
50dollar amounts, and coinsurance factors thereof need not be the
51same as applicable to physical illness generally.
52     (c)  Partial hospitalization benefits shall be provided
53under the direction of a licensed physician. For purposes of
54this part, the term "partial hospitalization services" is
55defined as those services offered by a program accredited by the
56Joint Commission on Accreditation of Hospitals (JCAH) or in
57compliance with equivalent standards. Alcohol rehabilitation
58programs accredited by the Joint Commission on Accreditation of
59Hospitals or approved by the state and licensed drug abuse
60rehabilitation programs shall also be qualified providers under
61this section. In any benefit year, if partial hospitalization
62services or a combination of inpatient and partial
63hospitalization are utilized, the total benefits paid for all
64such services shall not exceed the cost of 30 days of inpatient
65hospitalization for psychiatric services, including physician
66fees, which prevail in the community in which the partial
67hospitalization services are rendered. If partial
68hospitalization services benefits are provided beyond the limits
69set forth in this paragraph, the durational limits, dollar
70amounts, and coinsurance factors thereof need not be the same as
71those applicable to physical illness generally.
72     (3)(a)  Every insurer and health maintenance organization
73transacting group health insurance or providing prepaid health
74care in this state shall make available to the policyholder, for
75an appropriate additional premium, as part of the application
76for a group hospital and medical expense-incurred insurance
77policy, a group prepaid health care contract, or a group health
78maintenance organization contract, coverage for the treatment of
79serious mental illness, which treatment is determined to be
80medically necessary.
81     (b)  Under group policies or contracts, inpatient hospital
82benefits, partial hospitalization benefits, and outpatient
83benefits, consisting of durational limits, dollar amounts,
84deductibles, and coinsurance factors, must be the same for
85serious mental illness as for physical illness generally.
86Notwithstanding the provisions of this subsection, an insurer or
87health maintenance organization may limit inpatient coverage to
8845 days per year and may limit outpatient coverage to 60 visits
89per year.
90     (c)  This subsection does not apply to any group health
91plan, or group health insurance covered in connection with a
92group health plan, for any plan year of a small employer as
93defined in s. 627.6699.
94     (d)  As used in this subsection, the term "serious mental
95illness" means the following psychiatric illnesses as defined by
96the American Psychiatric Association in the most current edition
97of the Diagnostic and Statistical Manual: schizophrenia,
98schizoaffective disorder, panic disorder, bipolar affective
99disorder, major depressive disorder, and specific obsessive-
100compulsive disorder.
101     (e)  Notwithstanding any other provisions of this section,
102chapter 641, s. 627.6471, or s. 627.6472, an insurer or health
103maintenance organization may require that the covered services
104required by this section be provided by an exclusive provider of
105health care, or a group of exclusive providers of health care,
106which has entered into a written agreement with the insurer or
107health maintenance organization to provide benefits under this
108section. The insurer or health maintenance organization may make
109the payment of such benefits, in whole or in part, contingent
110upon the use of such exclusive providers.
111     (f)  The insurer or health maintenance organization may
112directly or indirectly enter into a capitation contract with an
113exclusive provider of health care or a group of exclusive
114providers of health care to provide benefits under this section.
115In providing the benefits under this section, the insurer or
116health maintenance organization may impose other appropriate
117financial incentives, peer review, and utilization requirements
118to reduce service costs and utilization without compromising
119quality of care.
120     (g)  This subsection does not apply with respect to a group
121health plan or health insurance coverage offered in connection
122with a group health plan if the application of this subsection
123to a plan or coverage results in an increase in the cost under
124the plan or coverage of more than 2 percent, as determined and
125certified by an insurer's or health maintenance organization's
126actuary.
127     (4)(3)  Insurers must maintain strict confidentiality
128regarding psychiatric and psychotherapeutic records submitted to
129an insurer for the purpose of reviewing a claim for benefits
130payable under this section. These records submitted to an
131insurer are subject to the limitations of s. 456.057, relating
132to the furnishing of patient records.
133     Section 12.  Paragraph (i) of subsection (2) of section
134636.204, Florida Statutes, is amended to read:
135     636.204  License required.--
136     (2)  An application for a license to operate as a discount
137medical plan organization must be filed with the office on a
138form prescribed by the commission. Such application must be
139sworn to by an officer or authorized representative of the
140applicant and be accompanied by the following, if applicable:
141     (i)  A copy of the applicant's most recent financial
142statements audited by an independent certified public
143accountant. An applicant that is a subsidiary of a parent entity
144that is publicly traded and that prepares audited financial
145statements reflecting the consolidated operations of the parent
146entity and the subsidiary may submit petition the office to
147accept, in lieu of the audited financial statement of the
148applicant, the audited financial statement of the parent entity
149and a written guaranty by the parent entity that the minimum
150capital requirements of the applicant required by this part will
151be met by the parent entity.
152     Section 13.  Subsection (1) of section 636.206, Florida
153Statutes, is amended to read:
154     636.206  Examinations and investigations.--
155     (1)  The office may examine or investigate the business and
156affairs of any discount medical plan organization if the
157commissioner has reason to believe that the discount medical
158plan organization is not complying with the requirements of this
159act. The office may order any discount medical plan organization
160or applicant to produce any records, books, files, advertising
161and solicitation materials, or other information and may take
162statements under oath to determine whether the discount medical
163plan organization or applicant is in violation of the law or is
164acting contrary to the public interest. The expenses incurred in
165conducting any examination or investigation must be paid by the
166discount medical plan organization or applicant. Examinations
167and investigations must be conducted as provided in chapter 624.
168     Section 14.  Subsection (1) of section 636.210, Florida
169Statutes, is amended to read:
170     636.210  Prohibited activities of a discount medical plan
171organization.--
172     (1)  A discount medical plan organization may not:
173     (a)  Use in its advertisements, marketing material,
174brochures, and discount cards the term "insurance" except as
175otherwise provided in this part or as a disclaimer of any
176relationship between discount medical plan organization benefits
177and insurance;
178     (b)  Use in its advertisements, marketing material,
179brochures, and discount cards the terms "health plan,"
180"coverage," "copay," "copayments," "preexisting conditions,"
181"guaranteed issue," "premium," "PPO," "preferred provider
182organization," or other terms in a manner that could reasonably
183mislead a person into believing the discount medical plan was
184health insurance;
185     (c)  Have restrictions on free access to plan providers,
186except for hospital services, including, but not limited to,
187waiting periods and notification periods; or
188     (d)  Pay providers any fees for medical services.
189     Section 15.  Subsection (1) of section 636.216, Florida
190Statutes, is amended to read:
191     636.216  Charge or form filings.--
192     (1)  All charges to members must be filed with the office.
193and Any charge to members greater than $30 per month or $360 per
194year for access to healthcare services, other than those
195provided by physicians licensed under chapters 458 and 459 or by
196hospitals licensed under chapter 395, must be approved by the
197office before the charges can be used. Any charge to members
198greater than $60 dollars per month or $720 per year for
199healthcare services that include services provided by physicians
200licensed under chapter 458 and 459 or by hospitals licensed
201under chapter 395 must be approved by the office before the
202charges can be used. The discount medical plan organization has
203the burden of proof that the charges bear a reasonable relation
204to the benefits received by the member.
205     Section 16.  Subsection (2) of section 636.218, Florida
206Statutes, is amended to read:
207     636.218  Annual reports.--
208     (2)  Such reports must be on forms prescribed by the
209commission and must include:
210     (a)  Audited financial statements prepared in accordance
211with generally accepted accounting principles certified by an
212independent certified public accountant, including the
213organization's balance sheet, income statement, and statement of
214changes in cash flow for the preceding year. An organization
215that is a subsidiary of a parent entity that is publicly traded
216and that prepares audited financial statements reflecting the
217consolidated operations of the parent entity and the
218organization may petition the office to accept, in lieu of the
219audited financial statement of the organization, the audited
220financial statement of the parent entity and a written guaranty
221by the parent entity that the minimum capital requirements of
222the organization required by this part will be met by the parent
223entity.
224     (a)(b)  If different from the initial application or the
225last annual report, a list of the names and residence addresses
226of all persons responsible for the conduct of the organization's
227affairs, together with a disclosure of the extent and nature of
228any contracts or arrangements between such persons and the
229discount medical plan organization, including any possible
230conflicts of interest.
231     (b)(c)  The number of discount medical plan members in the
232state.
233     (c)(d)  Such other information relating to the performance
234of the discount medical plan organization as is reasonably
235required by the commission or office.
236     Section 17.  Subsection (1) of section 636.220, Florida
237Statutes, is amended to read:
238     636.220  Minimum capital requirements.--
239     (1)  Each discount medical plan organization must at all
240times maintain a net worth of at least $150,000 and each
241discount medical plan organization shall certify in writing
242under oath at licensure and annually that the minimum
243capitalization requirements of this part are satisfied.
244     Section 18.  Section 636.230, Florida Statutes, is amended
245to read:
246     636.230  Bundling discount medical plans with insurance
247other products.--When a marketer or discount medical plan
248organization sells a discount medical plan together with any
249insurance other product, the fees for the discount medical plan
250must be provided in writing to the member if the fees exceed $30
251per month for access to healthcare services other than those
252provided by physicians licensed under chapter 458 or chapter 459
253or by hospitals licensed under chapter 395 or $60 dollars per
254month for healthcare services which include services provided by
255physicians licensed under chapter 458 or chapter 459 or by
256hospitals licensed under chapter 395.
257     Section 19.  Except as otherwise expressly provided in this
258act, this act shall take effect January 1, 2007,
259
260     ======= T I T L E  A M E N D M E N T =======
261     Remove line 21, and insert:
262amending s. 627.668, F.S.; revising provisions relating to
263required optional coverage for mental and nervous disorders;
264providing additional requirements; specifying nonapplication;
265providing a definition; authorizing insurers and health
266maintenance organizations to require certain services to be
267provided by certain exclusive providers; providing for a payment
268of benefits contingency; authorizing insures and health
269maintenance organizations to enter into capitation contracts
270with exclusive providers for certain purposes; specifying
271nonapplication to certain health plans or health insurance
272coverages; amending s. 636.204, F.S.; revising a license
273application provision for discount medical plan organizations
274relating to submittal of financial statements;; amending s.
275636.206, F.S.; revising examination and investigative authority;
276amending s. 636.210, F.S.; providing an exception to prohibited
277activities; amending s. 636.216, F.S.; providing provisions
278relating to office approval of certain charges to members of the
279plan; amending s. 636.218, F.S.; removing certain information
280from the annual report; amending s. 636.220, F.S.; revising
281certain minimum capital requirements of discount medical plan
282organizations; amending s. 636.230, F.S.; revising provisions
283relating to the bundling of discount medical plans with
284insurance products; providing application; providing effective
285dates.


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