1 | A bill to be entitled |
2 | An act relating to policies, contracts, and programs for |
3 | the provision of health care services; amending s. |
4 | 627.642, F.S.; requiring an identification card containing |
5 | specified information to be given to insureds who have |
6 | health and accident insurance; amending s. 627.657, F.S.; |
7 | requiring an identification card containing specified |
8 | information to be given to insureds under group health |
9 | insurance policies; amending s. 641.31, F.S.; requiring an |
10 | identification card to be given to persons having health |
11 | care services through a health maintenance contract; |
12 | amending ss. 383.145, 641.185, 641.2018, 641.3107, |
13 | 641.3922, and 641.513, F.S.; conforming cross-references |
14 | to changes made by the act; providing an effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Subsection (3) is added to section 627.642, |
19 | Florida Statutes, to read: |
20 | 627.642 Outline of coverage.-- |
21 | (3) In addition to the outline of coverage, the policy |
22 | must be accompanied by an identification card that contains, at |
23 | a minimum: |
24 | (a) The name of the organization issuing the policy or |
25 | name of the organization administering the policy, whichever |
26 | applies. |
27 | (b) The name of the covered person or covered family, |
28 | whichever applies. |
29 | (c) The chapter under which the policy was issued, or |
30 | self-insured plan, as indicated by SIP. |
31 | (d) The member identification number, contract number, and |
32 | group number, if applicable. |
33 | (e) A contact phone number or electronic address for |
34 | authorizations. |
35 | (f) A phone number or electronic address whereby the |
36 | covered person or hospital, physician, or other person rendering |
37 | services covered by the policy may determine estimated |
38 | copayments, deductibles, and coinsurance for which the covered |
39 | person may be liable, as well as the percentage of the covered |
40 | person's or covered family's maximum annual out-of-pocket |
41 | payments that has been paid. |
42 | (g) The national plan identifier, when available. |
43 | Section 2. Present subsection (2) of section 627.657, |
44 | Florida Statutes, is renumbered as subsection (3), and a new |
45 | subsection (2) is added to that section, to read: |
46 | 627.657 Provisions of group health insurance policies.-- |
47 | (2) The policy must be accompanied by an identification |
48 | card that contains, at a minimum: |
49 | (a) The name of the organization issuing the policy or |
50 | name of the organization administering the policy, whichever |
51 | applies. |
52 | (b) The name of the covered person or covered family, |
53 | whichever applies. |
54 | (c) The chapter under which the policy was issued, of |
55 | self-insured plan, as indicated by SIP. |
56 | (d) The member identification number, contract number, and |
57 | group number, if applicable. |
58 | (e) A contact phone number or electronic address for |
59 | authorizations. |
60 | (f) A phone number or electronic address whereby the |
61 | covered person or hospital, physician, or other person rendering |
62 | services covered by the policy may determine estimated |
63 | copayments, deductibles, and coinsurance for which the covered |
64 | person may be liable, as well as the percentage of the covered |
65 | person's or covered family's maximum annual out-of-pocket |
66 | payments that has been paid. |
67 | (g) The national plan identifier, when available. |
68 | Section 3. Present subsections (5) through (40) of section |
69 | 641.31, Florida Statutes, are renumbered as subsections (6) |
70 | through (41), respectively, and a new subsection (5) is added to |
71 | that section, to read: |
72 | 641.31 Health maintenance contracts.-- |
73 | (5) The contract, certificate, or member handbook must be |
74 | accompanied by an identification card that contains, at a |
75 | minimum: |
76 | (a) The name of the organization offering the contract or |
77 | name of the organization administering the contract, whichever |
78 | applies. |
79 | (b) The name of the covered person or covered family, |
80 | whichever applies. |
81 | (c) The chapter under which the contract was issued, or |
82 | self-insured plan, as indicated by SIP. |
83 | (d) The member identification number, contract number, and |
84 | group number, if applicable. |
85 | (e) A contact phone number or electronic address for |
86 | authorizations. |
87 | (f) A phone number or electronic address whereby the |
88 | covered person or hospital, physician, or other person rendering |
89 | services covered by the contract may determine estimated |
90 | copayments, deductibles, and coinsurance for which the covered |
91 | person may be liable, as well as the percentage of the covered |
92 | person's or covered family's maximum annual out-of-pocket |
93 | payments that have been paid. |
94 | (g) The national plan identifier, when available. |
95 | Section 4. Paragraph (j) of subsection (3) of section |
96 | 383.145, Florida Statutes, is amended to read: |
97 | 383.145 Newborn and infant hearing screening.-- |
98 | (3) REQUIREMENTS FOR SCREENING OF NEWBORNS; INSURANCE |
99 | COVERAGE; REFERRAL FOR ONGOING SERVICES.-- |
100 | (j) The initial procedure for screening the hearing of the |
101 | newborn or infant and any medically necessary followup |
102 | reevaluations leading to diagnosis shall be a covered benefit, |
103 | reimbursable under Medicaid as an expense compensated |
104 | supplemental to the per diem rate for Medicaid patients enrolled |
105 | in MediPass or Medicaid patients covered by a fee for service |
106 | program. For Medicaid patients enrolled in HMOs, providers shall |
107 | be reimbursed directly by the Medicaid Program Office at the |
108 | Medicaid rate. This service may not be considered a covered |
109 | service for the purposes of establishing the payment rate for |
110 | Medicaid HMOs. All health insurance policies and health |
111 | maintenance organizations as provided under ss. 627.6416, |
112 | 627.6579, and 641.31(31)(30), except for supplemental policies |
113 | that only provide coverage for specific diseases, hospital |
114 | indemnity, or Medicare supplement, or to the supplemental |
115 | polices, shall compensate providers for the covered benefit at |
116 | the contracted rate. Nonhospital-based providers shall be |
117 | eligible to bill Medicaid for the professional and technical |
118 | component of each procedure code. |
119 | Section 5. Paragraphs (b) and (i) of subsection (1) of |
120 | section 641.185, Florida Statutes, are amended to read: |
121 | 641.185 Health maintenance organization subscriber |
122 | protections.-- |
123 | (1) With respect to the provisions of this part and part |
124 | III, the principles expressed in the following statements shall |
125 | serve as standards to be followed by the commission, the office, |
126 | the department, and the Agency for Health Care Administration in |
127 | exercising their powers and duties, in exercising administrative |
128 | discretion, in administrative interpretations of the law, in |
129 | enforcing its provisions, and in adopting rules: |
130 | (b) A health maintenance organization subscriber should |
131 | receive quality health care from a broad panel of providers, |
132 | including referrals, preventive care pursuant to s. 641.402(1), |
133 | emergency screening and services pursuant to ss. 641.31(13)(12) |
134 | and 641.513, and second opinions pursuant to s. 641.51. |
135 | (i) A health maintenance organization subscriber should |
136 | receive timely and, if necessary, urgent grievances and appeals |
137 | within the health maintenance organization pursuant to ss. |
138 | 641.228, 641.31(6)(5), 641.47, and 641.511. |
139 | Section 6. Subsection (1) of section 641.2018, Florida |
140 | Statutes, is amended to read: |
141 | 641.2018 Limited coverage for home health care |
142 | authorized.-- |
143 | (1) Notwithstanding other provisions of this chapter, a |
144 | health maintenance organization may issue a contract that limits |
145 | coverage to home health care services only. The organization and |
146 | the contract shall be subject to all of the requirements of this |
147 | part that do not require or otherwise apply to specific benefits |
148 | other than home care services. To this extent, all of the |
149 | requirements of this part apply to any organization or contract |
150 | that limits coverage to home care services, except the |
151 | requirements for providing comprehensive health care services as |
152 | provided in ss. 641.19(4), (11), and (12), and 641.31(1), except |
153 | ss. 641.31(10)(9), (13)(12), (17), (18), (19), (20), (21), (22), |
154 | and (25)(24) and 641.31095. |
155 | Section 7. Section 641.3107, Florida Statutes, is amended |
156 | to read: |
157 | 641.3107 Delivery of contract.--Unless delivered upon |
158 | execution or issuance, a health maintenance contract, |
159 | certificate of coverage, or member handbook shall be mailed or |
160 | delivered to the subscriber or, in the case of a group health |
161 | maintenance contract, to the employer or other person who will |
162 | hold the contract on behalf of the subscriber group within 10 |
163 | working days from approval of the enrollment form by the health |
164 | maintenance organization or by the effective date of coverage, |
165 | whichever occurs first. However, if the employer or other person |
166 | who will hold the contract on behalf of the subscriber group |
167 | requires retroactive enrollment of a subscriber, the |
168 | organization shall deliver the contract, certificate, or member |
169 | handbook to the subscriber within 10 days after receiving notice |
170 | from the employer of the retroactive enrollment. This section |
171 | does not apply to the delivery of those contracts specified in |
172 | s. 641.31(14)(13). |
173 | Section 8. Paragraph (a) of subsection (7) of section |
174 | 641.3922, Florida Statutes, is amended to read: |
175 | 641.3922 Conversion contracts; conditions.--Issuance of a |
176 | converted contract shall be subject to the following conditions: |
177 | (7) REASONS FOR CANCELLATION; TERMINATION.--The converted |
178 | health maintenance contract must contain a cancellation or |
179 | nonrenewability clause providing that the health maintenance |
180 | organization may refuse to renew the contract of any person |
181 | covered thereunder, but cancellation or nonrenewal must be |
182 | limited to one or more of the following reasons: |
183 | (a) Fraud or intentional misrepresentation, subject to the |
184 | limitations of s. 641.31(24)(23), in applying for any benefits |
185 | under the converted health maintenance contract.; |
186 | Section 9. Subsection (4) of section 641.513, Florida |
187 | Statutes, is amended to read: |
188 | 641.513 Requirements for providing emergency services and |
189 | care.-- |
190 | (4) A subscriber may be charged a reasonable copayment, as |
191 | provided in s. 641.31(13)(12), for the use of an emergency room. |
192 | Section 10. This act shall take effect July 1, 2006. |