HB 805

1
A bill to be entitled
2An act relating to policies, contracts, and programs for
3the provision of health care services; amending s.
4627.642, F.S.; requiring an identification card containing
5specified information to be given to insureds who have
6health and accident insurance; amending s. 627.657, F.S.;
7requiring an identification card containing specified
8information to be given to insureds under group health
9insurance policies; amending s. 641.31, F.S.; requiring an
10identification card to be given to persons having health
11care services through a health maintenance contract;
12amending ss. 383.145, 641.185, 641.2018, 641.3107,
13641.3922, and 641.513, F.S.; conforming cross-references
14to changes made by the act; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Subsection (3) is added to section 627.642,
19Florida Statutes, to read:
20     627.642  Outline of coverage.--
21     (3)  In addition to the outline of coverage, the policy
22must be accompanied by an identification card that contains, at
23a minimum:
24     (a)  The name of the organization issuing the policy or
25name of the organization administering the policy, whichever
26applies.
27     (b)  The name of the covered person or covered family,
28whichever applies.
29     (c)  The chapter under which the policy was issued, or
30self-insured plan, as indicated by SIP.
31     (d)  The member identification number, contract number, and
32group number, if applicable.
33     (e)  A contact phone number or electronic address for
34authorizations.
35     (f)  A phone number or electronic address whereby the
36covered person or hospital, physician, or other person rendering
37services covered by the policy may determine estimated
38copayments, deductibles, and coinsurance for which the covered
39person may be liable, as well as the percentage of the covered
40person's or covered family's maximum annual out-of-pocket
41payments that has been paid.
42     (g)  The national plan identifier, when available.
43     Section 2.  Present subsection (2) of section 627.657,
44Florida Statutes, is renumbered as subsection (3), and a new
45subsection (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
48card that contains, at a minimum:
49     (a)  The name of the organization issuing the policy or
50name of the organization administering the policy, whichever
51applies.
52     (b)  The name of the covered person or covered family,
53whichever applies.
54     (c)  The chapter under which the policy was issued, of
55self-insured plan, as indicated by SIP.
56     (d)  The member identification number, contract number, and
57group number, if applicable.
58     (e)  A contact phone number or electronic address for
59authorizations.
60     (f)  A phone number or electronic address whereby the
61covered person or hospital, physician, or other person rendering
62services covered by the policy may determine estimated
63copayments, deductibles, and coinsurance for which the covered
64person may be liable, as well as the percentage of the covered
65person's or covered family's maximum annual out-of-pocket
66payments that has been paid.
67     (g)  The national plan identifier, when available.
68     Section 3.  Present subsections (5) through (40) of section
69641.31, Florida Statutes, are renumbered as subsections (6)
70through (41), respectively, and a new subsection (5) is added to
71that section, to read:
72     641.31  Health maintenance contracts.--
73     (5)  The contract, certificate, or member handbook must be
74accompanied by an identification card that contains, at a
75minimum:
76     (a)  The name of the organization offering the contract or
77name of the organization administering the contract, whichever
78applies.
79     (b)  The name of the covered person or covered family,
80whichever applies.
81     (c)  The chapter under which the contract was issued, or
82self-insured plan, as indicated by SIP.
83     (d)  The member identification number, contract number, and
84group number, if applicable.
85     (e)  A contact phone number or electronic address for
86authorizations.
87     (f)  A phone number or electronic address whereby the
88covered person or hospital, physician, or other person rendering
89services covered by the contract may determine estimated
90copayments, deductibles, and coinsurance for which the covered
91person may be liable, as well as the percentage of the covered
92person's or covered family's maximum annual out-of-pocket
93payments that have been paid.
94     (g)  The national plan identifier, when available.
95     Section 4.  Paragraph (j) of subsection (3) of section
96383.145, Florida Statutes, is amended to read:
97     383.145  Newborn and infant hearing screening.--
98     (3)  REQUIREMENTS FOR SCREENING OF NEWBORNS; INSURANCE
99COVERAGE; REFERRAL FOR ONGOING SERVICES.--
100     (j)  The initial procedure for screening the hearing of the
101newborn or infant and any medically necessary followup
102reevaluations leading to diagnosis shall be a covered benefit,
103reimbursable under Medicaid as an expense compensated
104supplemental to the per diem rate for Medicaid patients enrolled
105in MediPass or Medicaid patients covered by a fee for service
106program. For Medicaid patients enrolled in HMOs, providers shall
107be reimbursed directly by the Medicaid Program Office at the
108Medicaid rate. This service may not be considered a covered
109service for the purposes of establishing the payment rate for
110Medicaid HMOs. All health insurance policies and health
111maintenance organizations as provided under ss. 627.6416,
112627.6579, and 641.31(31)(30), except for supplemental policies
113that only provide coverage for specific diseases, hospital
114indemnity, or Medicare supplement, or to the supplemental
115polices, shall compensate providers for the covered benefit at
116the contracted rate. Nonhospital-based providers shall be
117eligible to bill Medicaid for the professional and technical
118component of each procedure code.
119     Section 5.  Paragraphs (b) and (i) of subsection (1) of
120section 641.185, Florida Statutes, are amended to read:
121     641.185  Health maintenance organization subscriber
122protections.--
123     (1)  With respect to the provisions of this part and part
124III, the principles expressed in the following statements shall
125serve as standards to be followed by the commission, the office,
126the department, and the Agency for Health Care Administration in
127exercising their powers and duties, in exercising administrative
128discretion, in administrative interpretations of the law, in
129enforcing its provisions, and in adopting rules:
130     (b)  A health maintenance organization subscriber should
131receive quality health care from a broad panel of providers,
132including referrals, preventive care pursuant to s. 641.402(1),
133emergency screening and services pursuant to ss. 641.31(13)(12)
134and 641.513, and second opinions pursuant to s. 641.51.
135     (i)  A health maintenance organization subscriber should
136receive timely and, if necessary, urgent grievances and appeals
137within the health maintenance organization pursuant to ss.
138641.228, 641.31(6)(5), 641.47, and 641.511.
139     Section 6.  Subsection (1) of section 641.2018, Florida
140Statutes, is amended to read:
141     641.2018  Limited coverage for home health care
142authorized.--
143     (1)  Notwithstanding other provisions of this chapter, a
144health maintenance organization may issue a contract that limits
145coverage to home health care services only. The organization and
146the contract shall be subject to all of the requirements of this
147part that do not require or otherwise apply to specific benefits
148other than home care services. To this extent, all of the
149requirements of this part apply to any organization or contract
150that limits coverage to home care services, except the
151requirements for providing comprehensive health care services as
152provided in ss. 641.19(4), (11), and (12), and 641.31(1), except
153ss. 641.31(10)(9), (13)(12), (17), (18), (19), (20), (21), (22),
154and (25)(24) and 641.31095.
155     Section 7.  Section 641.3107, Florida Statutes, is amended
156to read:
157     641.3107  Delivery of contract.--Unless delivered upon
158execution or issuance, a health maintenance contract,
159certificate of coverage, or member handbook shall be mailed or
160delivered to the subscriber or, in the case of a group health
161maintenance contract, to the employer or other person who will
162hold the contract on behalf of the subscriber group within 10
163working days from approval of the enrollment form by the health
164maintenance organization or by the effective date of coverage,
165whichever occurs first. However, if the employer or other person
166who will hold the contract on behalf of the subscriber group
167requires retroactive enrollment of a subscriber, the
168organization shall deliver the contract, certificate, or member
169handbook to the subscriber within 10 days after receiving notice
170from the employer of the retroactive enrollment. This section
171does not apply to the delivery of those contracts specified in
172s. 641.31(14)(13).
173     Section 8.  Paragraph (a) of subsection (7) of section
174641.3922, Florida Statutes, is amended to read:
175     641.3922  Conversion contracts; conditions.--Issuance of a
176converted contract shall be subject to the following conditions:
177     (7)  REASONS FOR CANCELLATION; TERMINATION.--The converted
178health maintenance contract must contain a cancellation or
179nonrenewability clause providing that the health maintenance
180organization may refuse to renew the contract of any person
181covered thereunder, but cancellation or nonrenewal must be
182limited to one or more of the following reasons:
183     (a)  Fraud or intentional misrepresentation, subject to the
184limitations of s. 641.31(24)(23), in applying for any benefits
185under the converted health maintenance contract.;
186     Section 9.  Subsection (4) of section 641.513, Florida
187Statutes, is amended to read:
188     641.513  Requirements for providing emergency services and
189care.--
190     (4)  A subscriber may be charged a reasonable copayment, as
191provided in s. 641.31(13)(12), for the use of an emergency room.
192     Section 10.  This act shall take effect July 1, 2006.


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