1 | Representative(s) Benson, H. Gibson, Baxley, Galvano, Kendrick, |
2 | Garcia, Negron, and Bean offered the following: |
3 |
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4 | Substitute Amendment for Amendment (446541) (with title |
5 | amendment) |
6 |
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7 | Remove line 250 and insert: |
8 | Section 11. Effective July 1, 2007, and applicable to any |
9 | policy issued, written, or renewed on or after such date, |
10 | section 627.668, Florida Statutes, is amended to read: |
11 | 627.668 Optional coverage for mental and nervous disorders |
12 | required; exception.-- |
13 | (1) Every insurer, health maintenance organization, and |
14 | nonprofit hospital and medical service plan corporation |
15 | transacting group health insurance or providing prepaid health |
16 | care in this state shall make available to the policyholder as |
17 | part of the application, for an appropriate additional premium |
18 | under a group hospital and medical expense-incurred insurance |
19 | policy, under a group prepaid health care contract, and under a |
20 | group hospital and medical service plan contract, the benefits |
21 | or level of benefits specified in subsection (2) for the |
22 | necessary care and treatment of mental and nervous disorders, as |
23 | defined in the standard nomenclature of the American Psychiatric |
24 | Association, subject to the right of the applicant for a group |
25 | policy or contract to select any alternative benefits or level |
26 | of benefits as may be offered by the insurer, health maintenance |
27 | organization, or service plan corporation provided that, if |
28 | alternate inpatient, outpatient, or partial hospitalization |
29 | benefits are selected, such benefits shall not be less than the |
30 | level 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 |
33 | benefits, partial hospitalization benefits, and outpatient |
34 | benefits consisting of durational limits, dollar amounts, |
35 | deductibles, and coinsurance factors shall not be less favorable |
36 | than for physical illness generally, except that: |
37 | (a) Inpatient benefits may be limited to not less than 30 |
38 | days per benefit year as defined in the policy or contract. If |
39 | inpatient hospital benefits are provided beyond 30 days per |
40 | benefit year, the durational limits, dollar amounts, and |
41 | coinsurance factors thereto need not be the same as applicable |
42 | to physical illness generally. |
43 | (b) Outpatient benefits may be limited to $1,000 for |
44 | consultations with a licensed physician, a psychologist licensed |
45 | pursuant to chapter 490, a mental health counselor licensed |
46 | pursuant to chapter 491, a marriage and family therapist |
47 | licensed pursuant to chapter 491, and a clinical social worker |
48 | licensed pursuant to chapter 491. If benefits are provided |
49 | beyond the $1,000 per benefit year, the durational limits, |
50 | dollar amounts, and coinsurance factors thereof need not be the |
51 | same as applicable to physical illness generally. |
52 | (c) Partial hospitalization benefits shall be provided |
53 | under the direction of a licensed physician. For purposes of |
54 | this part, the term "partial hospitalization services" is |
55 | defined as those services offered by a program accredited by the |
56 | Joint Commission on Accreditation of Hospitals (JCAH) or in |
57 | compliance with equivalent standards. Alcohol rehabilitation |
58 | programs accredited by the Joint Commission on Accreditation of |
59 | Hospitals or approved by the state and licensed drug abuse |
60 | rehabilitation programs shall also be qualified providers under |
61 | this section. In any benefit year, if partial hospitalization |
62 | services or a combination of inpatient and partial |
63 | hospitalization are utilized, the total benefits paid for all |
64 | such services shall not exceed the cost of 30 days of inpatient |
65 | hospitalization for psychiatric services, including physician |
66 | fees, which prevail in the community in which the partial |
67 | hospitalization services are rendered. If partial |
68 | hospitalization services benefits are provided beyond the limits |
69 | set forth in this paragraph, the durational limits, dollar |
70 | amounts, and coinsurance factors thereof need not be the same as |
71 | those applicable to physical illness generally. |
72 | (3)(a) Every insurer and health maintenance organization |
73 | transacting group health insurance or providing prepaid health |
74 | care in this state shall make available to the policyholder, for |
75 | an appropriate additional premium, as part of the application |
76 | for a group hospital and medical expense-incurred insurance |
77 | policy, a group prepaid health care contract, or a group health |
78 | maintenance organization contract, coverage for the treatment of |
79 | serious mental illness, which treatment is determined to be |
80 | medically necessary. |
81 | (b) Under group policies or contracts, inpatient hospital |
82 | benefits, partial hospitalization benefits, and outpatient |
83 | benefits, consisting of durational limits, dollar amounts, |
84 | deductibles, and coinsurance factors, must be the same for |
85 | serious mental illness as for physical illness generally. |
86 | Notwithstanding the provisions of this subsection, an insurer or |
87 | health maintenance organization may limit inpatient coverage to |
88 | 45 days per year and may limit outpatient coverage to 60 visits |
89 | per year. |
90 | (c) This subsection does not apply to any group health |
91 | plan, or group health insurance covered in connection with a |
92 | group health plan, for any plan year of a small employer as |
93 | defined in s. 627.6699. |
94 | (d) As used in this subsection, the term "serious mental |
95 | illness" means the following psychiatric illnesses as defined by |
96 | the American Psychiatric Association in the most current edition |
97 | of the Diagnostic and Statistical Manual: schizophrenia, |
98 | schizoaffective disorder, panic disorder, bipolar affective |
99 | disorder, major depressive disorder, and specific obsessive- |
100 | compulsive disorder. |
101 | (e) Notwithstanding any other provisions of this section, |
102 | chapter 641, s. 627.6471, or s. 627.6472, an insurer or health |
103 | maintenance organization may require that the covered services |
104 | required by this section be provided by an exclusive provider of |
105 | health care, or a group of exclusive providers of health care, |
106 | which has entered into a written agreement with the insurer or |
107 | health maintenance organization to provide benefits under this |
108 | section. The insurer or health maintenance organization may make |
109 | the payment of such benefits, in whole or in part, contingent |
110 | upon the use of such exclusive providers. |
111 | (f) The insurer or health maintenance organization may |
112 | directly or indirectly enter into a capitation contract with an |
113 | exclusive provider of health care or a group of exclusive |
114 | providers of health care to provide benefits under this section. |
115 | In providing the benefits under this section, the insurer or |
116 | health maintenance organization may impose other appropriate |
117 | financial incentives, peer review, and utilization requirements |
118 | to reduce service costs and utilization without compromising |
119 | quality of care. |
120 | (g) This subsection does not apply with respect to a group |
121 | health plan or health insurance coverage offered in connection |
122 | with a group health plan if the application of this subsection |
123 | to a plan or coverage results in an increase in the cost under |
124 | the plan or coverage of more than 2 percent, as determined and |
125 | certified by an insurer's or health maintenance organization's |
126 | actuary. |
127 | (4)(3) Insurers must maintain strict confidentiality |
128 | regarding psychiatric and psychotherapeutic records submitted to |
129 | an insurer for the purpose of reviewing a claim for benefits |
130 | payable under this section. These records submitted to an |
131 | insurer are subject to the limitations of s. 456.057, relating |
132 | to the furnishing of patient records. |
133 | Section 12. Paragraph (i) of subsection (2) of section |
134 | 636.204, Florida Statutes, is amended to read: |
135 | 636.204 License required.-- |
136 | (2) An application for a license to operate as a discount |
137 | medical plan organization must be filed with the office on a |
138 | form prescribed by the commission. Such application must be |
139 | sworn to by an officer or authorized representative of the |
140 | applicant and be accompanied by the following, if applicable: |
141 | (i) A copy of the applicant's most recent financial |
142 | statements audited by an independent certified public |
143 | accountant. An applicant that is a subsidiary of a parent entity |
144 | that is publicly traded and that prepares audited financial |
145 | statements reflecting the consolidated operations of the parent |
146 | entity and the subsidiary may submit petition the office to |
147 | accept, in lieu of the audited financial statement of the |
148 | applicant, the audited financial statement of the parent entity |
149 | and a written guaranty by the parent entity that the minimum |
150 | capital requirements of the applicant required by this part will |
151 | be met by the parent entity. |
152 | Section 13. Subsection (1) of section 636.206, Florida |
153 | Statutes, is amended to read: |
154 | 636.206 Examinations and investigations.-- |
155 | (1) The office may examine or investigate the business and |
156 | affairs of any discount medical plan organization if the |
157 | commissioner has reason to believe that the discount medical |
158 | plan organization is not complying with the requirements of this |
159 | act. The office may order any discount medical plan organization |
160 | or applicant to produce any records, books, files, advertising |
161 | and solicitation materials, or other information and may take |
162 | statements under oath to determine whether the discount medical |
163 | plan organization or applicant is in violation of the law or is |
164 | acting contrary to the public interest. The expenses incurred in |
165 | conducting any examination or investigation must be paid by the |
166 | discount medical plan organization or applicant. Examinations |
167 | and investigations must be conducted as provided in chapter 624. |
168 | Section 14. Subsection (1) of section 636.210, Florida |
169 | Statutes, is amended to read: |
170 | 636.210 Prohibited activities of a discount medical plan |
171 | organization.-- |
172 | (1) A discount medical plan organization may not: |
173 | (a) Use in its advertisements, marketing material, |
174 | brochures, and discount cards the term "insurance" except as |
175 | otherwise provided in this part or as a disclaimer of any |
176 | relationship between discount medical plan organization benefits |
177 | and insurance; |
178 | (b) Use in its advertisements, marketing material, |
179 | brochures, and discount cards the terms "health plan," |
180 | "coverage," "copay," "copayments," "preexisting conditions," |
181 | "guaranteed issue," "premium," "PPO," "preferred provider |
182 | organization," or other terms in a manner that could reasonably |
183 | mislead a person into believing the discount medical plan was |
184 | health insurance; |
185 | (c) Have restrictions on free access to plan providers, |
186 | except for hospital services, including, but not limited to, |
187 | waiting periods and notification periods; or |
188 | (d) Pay providers any fees for medical services. |
189 | Section 15. Subsection (1) of section 636.216, Florida |
190 | Statutes, is amended to read: |
191 | 636.216 Charge or form filings.-- |
192 | (1) All charges to members must be filed with the office. |
193 | and Any charge to members greater than $30 per month or $360 per |
194 | year for access to healthcare services, other than those |
195 | provided by physicians licensed under chapters 458 and 459 or by |
196 | hospitals licensed under chapter 395, must be approved by the |
197 | office before the charges can be used. Any charge to members |
198 | greater than $60 dollars per month or $720 per year for |
199 | healthcare services that include services provided by physicians |
200 | licensed under chapter 458 and 459 or by hospitals licensed |
201 | under chapter 395 must be approved by the office before the |
202 | charges can be used. The discount medical plan organization has |
203 | the burden of proof that the charges bear a reasonable relation |
204 | to the benefits received by the member. |
205 | Section 16. Subsection (2) of section 636.218, Florida |
206 | Statutes, is amended to read: |
207 | 636.218 Annual reports.-- |
208 | (2) Such reports must be on forms prescribed by the |
209 | commission and must include: |
210 | (a) Audited financial statements prepared in accordance |
211 | with generally accepted accounting principles certified by an |
212 | independent certified public accountant, including the |
213 | organization's balance sheet, income statement, and statement of |
214 | changes in cash flow for the preceding year. An organization |
215 | that is a subsidiary of a parent entity that is publicly traded |
216 | and that prepares audited financial statements reflecting the |
217 | consolidated operations of the parent entity and the |
218 | organization may petition the office to accept, in lieu of the |
219 | audited financial statement of the organization, the audited |
220 | financial statement of the parent entity and a written guaranty |
221 | by the parent entity that the minimum capital requirements of |
222 | the organization required by this part will be met by the parent |
223 | entity. |
224 | (a)(b) If different from the initial application or the |
225 | last annual report, a list of the names and residence addresses |
226 | of all persons responsible for the conduct of the organization's |
227 | affairs, together with a disclosure of the extent and nature of |
228 | any contracts or arrangements between such persons and the |
229 | discount medical plan organization, including any possible |
230 | conflicts of interest. |
231 | (b)(c) The number of discount medical plan members in the |
232 | state. |
233 | (c)(d) Such other information relating to the performance |
234 | of the discount medical plan organization as is reasonably |
235 | required by the commission or office. |
236 | Section 17. Subsection (1) of section 636.220, Florida |
237 | Statutes, is amended to read: |
238 | 636.220 Minimum capital requirements.-- |
239 | (1) Each discount medical plan organization must at all |
240 | times maintain a net worth of at least $150,000 and each |
241 | discount medical plan organization shall certify in writing |
242 | under oath at licensure and annually that the minimum |
243 | capitalization requirements of this part are satisfied. |
244 | Section 18. Section 636.230, Florida Statutes, is amended |
245 | to read: |
246 | 636.230 Bundling discount medical plans with insurance |
247 | other products.--When a marketer or discount medical plan |
248 | organization sells a discount medical plan together with any |
249 | insurance other product, the fees for the discount medical plan |
250 | must be provided in writing to the member if the fees exceed $30 |
251 | per month for access to healthcare services other than those |
252 | provided by physicians licensed under chapter 458 or chapter 459 |
253 | or by hospitals licensed under chapter 395 or $60 dollars per |
254 | month for healthcare services which include services provided by |
255 | physicians licensed under chapter 458 or chapter 459 or by |
256 | hospitals licensed under chapter 395. |
257 | Section 19. Except as otherwise expressly provided in this |
258 | act, this act shall take effect January 1, 2007, |
259 |
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260 | ======= T I T L E A M E N D M E N T ======= |
261 | Remove line 21, and insert: |
262 | amending s. 627.668, F.S.; revising provisions relating to |
263 | required optional coverage for mental and nervous disorders; |
264 | providing additional requirements; specifying nonapplication; |
265 | providing a definition; authorizing insurers and health |
266 | maintenance organizations to require certain services to be |
267 | provided by certain exclusive providers; providing for a payment |
268 | of benefits contingency; authorizing insures and health |
269 | maintenance organizations to enter into capitation contracts |
270 | with exclusive providers for certain purposes; specifying |
271 | nonapplication to certain health plans or health insurance |
272 | coverages; amending s. 636.204, F.S.; revising a license |
273 | application provision for discount medical plan organizations |
274 | relating to submittal of financial statements;; amending s. |
275 | 636.206, F.S.; revising examination and investigative authority; |
276 | amending s. 636.210, F.S.; providing an exception to prohibited |
277 | activities; amending s. 636.216, F.S.; providing provisions |
278 | relating to office approval of certain charges to members of the |
279 | plan; amending s. 636.218, F.S.; removing certain information |
280 | from the annual report; amending s. 636.220, F.S.; revising |
281 | certain minimum capital requirements of discount medical plan |
282 | organizations; amending s. 636.230, F.S.; revising provisions |
283 | relating to the bundling of discount medical plans with |
284 | insurance products; providing application; providing effective |
285 | dates. |