| 1 | A bill to be entitled |
| 2 | An act relating to plans, policies, contracts, and |
| 3 | programs for the provision of health care services; |
| 4 | amending s. 408.909, F.S.; revising eligibility |
| 5 | requirements for participation in health flex plans; |
| 6 | amending s. 627.4236, F.S.; redefining the term "bone |
| 7 | marrow transplant" for purposes of required coverage for |
| 8 | certain procedures to include nonablative therapy having |
| 9 | life-prolonging intent; amending s. 627.642, F.S.; |
| 10 | requiring an identification card containing specified |
| 11 | information to be given to insureds who have health and |
| 12 | accident insurance; requiring certain insurers to provide |
| 13 | to certain service providers by an Internet website |
| 14 | certain information relating to a covered person; |
| 15 | providing criteria; specifying time requirements for such |
| 16 | insurers to implement such requirements; amending s. |
| 17 | 627.657, F.S.; requiring an identification card containing |
| 18 | specified information to be given to insureds under group |
| 19 | health insurance policies; requiring certain insurers to |
| 20 | provide to certain service providers by an Internet |
| 21 | website certain information relating to a covered person; |
| 22 | providing criteria; specifying time requirements for such |
| 23 | insurers to implement such requirements; amending s. |
| 24 | 627.6699, F.S.; revising a provision relating to |
| 25 | applicability and scope of the Employee Health Care Access |
| 26 | Act; amending s. 636.204, F.S.; revising a license |
| 27 | application provision for discount medical plan |
| 28 | organizations; amending s. 636.206, F.S.; revising |
| 29 | examination and investigative authority; amending s. |
| 30 | 636.210, F.S.; providing an exception to prohibited |
| 31 | activities; amending s. 636.216, F.S.; providing exception |
| 32 | to review of certain charges to members of the plan; |
| 33 | amending s. 636.218, F.S.; removing certain information |
| 34 | from the annual report; amending s. 636.220, F.S.; |
| 35 | revising certain minimum capital requirements of discount |
| 36 | medical plan organizations; amending s. 636.232, F.S.; |
| 37 | revising commission rulemaking authority; repealing s. |
| 38 | 636.230, F.S., relating to the bundling of discount |
| 39 | medical plans with other products; amending s. 641.31, |
| 40 | F.S.; requiring an identification card to be given to |
| 41 | persons having health care services through a health |
| 42 | maintenance contract; requiring certain health maintenance |
| 43 | organizations to provide to certain service providers by |
| 44 | an Internet website certain information relating to a |
| 45 | covered person; providing criteria; specifying time |
| 46 | requirements for such health maintenance organizations to |
| 47 | implement such requirements; amending s. 641.316, F.S.; |
| 48 | redefining the term "fiscal intermediary services |
| 49 | organization"; revising registration requirements for |
| 50 | fiscal intermediary services organizations; amending ss. |
| 51 | 383.145, 641.185, 641.2018, 641.3107, 641.3922, and |
| 52 | 641.513, F.S.; conforming cross-references to changes made |
| 53 | by the act; providing application; providing an effective |
| 54 | date. |
| 55 |
|
| 56 | Be It Enacted by the Legislature of the State of Florida: |
| 57 |
|
| 58 | Section 1. Subsection (5) of section 408.909, Florida |
| 59 | Statutes, is amended to read: |
| 60 | 408.909 Health flex plans.-- |
| 61 | (5) ELIGIBILITY.--Eligibility to enroll in an approved |
| 62 | health flex plan is limited to residents of this state who: |
| 63 | (a)1. Are 64 years of age or younger; |
| 64 | 2.(b) Have a family income equal to or less than 250 200 |
| 65 | percent of the federal poverty level; |
| 66 | 3.(c) Are eligible under a federally approved Medicaid |
| 67 | demonstration waiver and reside in Palm Beach County or Miami- |
| 68 | Dade County; |
| 69 | 4.(d) Are not covered by a private insurance policy and |
| 70 | are not eligible for coverage through a public health insurance |
| 71 | program, such as Medicare or Medicaid, unless specifically |
| 72 | authorized under subparagraph 3. paragraph (c), or another |
| 73 | public health care program, such as KidCare, and have not been |
| 74 | covered at any time during the past 6 months; and |
| 75 | 5.(e) Have applied for health care coverage through an |
| 76 | approved health flex plan and have agreed to make any payments |
| 77 | required for participation, including periodic payments or |
| 78 | payments due at the time health care services are provided; or |
| 79 | (b) Are part of an employer group where at least 75 |
| 80 | percent of the employees have a family income equal to or less |
| 81 | than 250 percent of the federal poverty level and the employee |
| 82 | group is not covered by a private health insurance policy and |
| 83 | has not been covered at any time during the past 6 months. If |
| 84 | the health flex plan entity is a health insurer, health plan, or |
| 85 | health maintenance organization properly licensed under Florida |
| 86 | law, only 50 percent of the employees must meet the income |
| 87 | requirements for the purposes of this paragraph. |
| 88 | Section 2. Subsection (1) of section 627.4236, Florida |
| 89 | Statutes, is amended to read: |
| 90 | 627.4236 Coverage for bone marrow transplant procedures.-- |
| 91 | (1) As used in this section, the term "bone marrow |
| 92 | transplant" means human blood precursor cells administered to a |
| 93 | patient to restore normal hematological and immunological |
| 94 | functions following ablative or nonablative therapy with |
| 95 | curative or life-prolonging intent. Human blood precursor cells |
| 96 | may be obtained from the patient in an autologous transplant or |
| 97 | from a medically acceptable related or unrelated donor, and may |
| 98 | be derived from bone marrow, circulating blood, or a combination |
| 99 | of bone marrow and circulating blood. If chemotherapy is an |
| 100 | integral part of the treatment involving bone marrow |
| 101 | transplantation, the term "bone marrow transplant" includes both |
| 102 | the transplantation and the chemotherapy. |
| 103 | Section 3. Subsections (3) and (4) are added to section |
| 104 | 627.642, Florida Statutes, to read: |
| 105 | 627.642 Outline of coverage.-- |
| 106 | (3) In addition to the outline of coverage, a policy as |
| 107 | specified in s. 627.6699(3)(k) must be accompanied by an |
| 108 | identification card that contains, at a minimum: |
| 109 | (a) The name of the organization issuing the policy or |
| 110 | name of the organization administering the policy, whichever |
| 111 | applies. |
| 112 | (b) The name of the contract holder. |
| 113 | (c) The type of plan only if the health plan is filed with |
| 114 | the state, an indication that the plan is self-funded, or the |
| 115 | name of the network. |
| 116 | (d) The member identification number, contract number, and |
| 117 | policy or group number, if applicable. |
| 118 | (e) A contact phone number or electronic address for |
| 119 | authorizations. |
| 120 | (f) A phone number or electronic address whereby the |
| 121 | covered person or hospital, physician, or other person rendering |
| 122 | services covered by the policy may determine if the plan is |
| 123 | insured and may obtain a benefits verification in order to |
| 124 | estimate patient financial responsibility, in compliance with |
| 125 | privacy rules under the Health Insurance Portability and |
| 126 | Accountability Act. |
| 127 | (g) The national plan identifier, in accordance with the |
| 128 | compliance date set forth by the federal Department of Health |
| 129 | and Human Services. |
| 130 |
|
| 131 | The identification card must present the information in a |
| 132 | readily identifiable manner or, alternatively, the information |
| 133 | may be embedded on the card and available through magnetic |
| 134 | stripe or smart card. The information may also be provided |
| 135 | through other electronic technology. |
| 136 | (4)(a) An insurer that issues a health insurance policy |
| 137 | shall provide a hospital, physician, or other person rendering |
| 138 | services covered by the policy electronic access to the covered |
| 139 | person's eligibility and benefits information through a secure |
| 140 | Internet website. The eligibility and benefits information shall |
| 141 | comply with the transaction standards specified in ANSI ASC X12N |
| 142 | 270 for health care claim eligibility inquiries and ANSI ASC |
| 143 | X12N 271 for health care claim eligibility responses, or |
| 144 | successor transaction standards, pursuant to the Health |
| 145 | Insurance Portability and Accountability Act. |
| 146 | (b) An insurer shall develop an implementation plan to |
| 147 | comply with paragraph (a) no later than March 31, 2007, and |
| 148 | shall make the eligibility and benefits information described in |
| 149 | this subsection available through a secure Internet website no |
| 150 | later than July 1, 2007. |
| 151 | Section 4. Present subsection (2) of section 627.657, |
| 152 | Florida Statutes, is renumbered as subsection (4), and new |
| 153 | subsections (2) and (3) are added to that section, to read: |
| 154 | 627.657 Provisions of group health insurance policies.-- |
| 155 | (2) The medical policy as specified in s. 627.6699(3)(k) |
| 156 | must be accompanied by an identification card that contains, at |
| 157 | a minimum: |
| 158 | (a) The name of the organization issuing the policy or |
| 159 | name of the organization administering the policy, whichever |
| 160 | applies. |
| 161 | (b) The name of the certificateholder. |
| 162 | (c) The type of plan only if the health plan is filed with |
| 163 | the state, an indication that the plan is self-funded, or the |
| 164 | name of the network. |
| 165 | (d) The member identification number, contract number, and |
| 166 | policy or group number, if applicable. |
| 167 | (e) A contact phone number or electronic address for |
| 168 | authorizations. |
| 169 | (f) A phone number or electronic address whereby the |
| 170 | covered person or hospital, physician, or other person rendering |
| 171 | services covered by the policy may determine if the plan is |
| 172 | insured and may obtain a benefits verification in order to |
| 173 | estimate patient financial responsibility, in compliance with |
| 174 | privacy rules under the Health Insurance Portability and |
| 175 | Accountability Act. |
| 176 | (g) The national plan identifier, in accordance with the |
| 177 | compliance date set forth by the federal Department of Health |
| 178 | and Human Services. |
| 179 |
|
| 180 | The identification card must present the information in a |
| 181 | readily identifiable manner or, alternatively, the information |
| 182 | may be embedded on the card and available through magnetic |
| 183 | stripe or smart card. The information may also be provided |
| 184 | through other electronic technology. |
| 185 | (3)(a) An insurer that issues a group health insurance |
| 186 | policy shall provide a hospital, physician, or other person |
| 187 | rendering services covered by the policy electronic access to |
| 188 | the covered person's eligibility and benefits information |
| 189 | through a secure Internet website. The eligibility and benefits |
| 190 | information shall comply with the transaction standards |
| 191 | specified in ANSI ASC X12N 270 for health care claim eligibility |
| 192 | inquiries and ANSI ASC X12N 271 for health care claim |
| 193 | eligibility responses, or successor transaction standards, |
| 194 | pursuant to the Health Insurance Portability and Accountability |
| 195 | Act. |
| 196 | (b) An insurer shall develop an implementation plan to |
| 197 | comply with paragraph (a) no later than March 31, 2007, and |
| 198 | shall make the eligibility and benefits information described in |
| 199 | this subsection available through a secure Internet website no |
| 200 | later than July 1, 2007. |
| 201 | Section 5. Paragraph (a) of subsection (4) of section |
| 202 | 627.6699, Florida Statutes, is amended to read: |
| 203 | 627.6699 Employee Health Care Access Act.-- |
| 204 | (4) APPLICABILITY AND SCOPE.-- |
| 205 | (a)1. This section applies to a health benefit plan that |
| 206 | provides coverage to employees of a small employer in this |
| 207 | state, unless the coverage is marketed directly to the |
| 208 | individual employee, and the employer does not contribute |
| 209 | directly or indirectly to the premiums or facilitate the |
| 210 | administration of the coverage in any manner. For the purposes |
| 211 | of this subparagraph, an employer is not deemed to be |
| 212 | contributing to the premiums or facilitating the administration |
| 213 | of coverage if the employer: |
| 214 | a. Does not contribute to the premium and merely collects |
| 215 | the premiums for coverage from an employee's wages or salary |
| 216 | through payroll deduction and submits payment for the premiums |
| 217 | of one or more employees in a lump sum to a carrier; or |
| 218 | b. Directly or indirectly establishes or administers a |
| 219 | health reimbursement account plan for its employees. |
| 220 | 2. A carrier authorized to issue group or individual |
| 221 | health benefit plans under this chapter or chapter 641 may offer |
| 222 | coverage as described in this paragraph to individual employees |
| 223 | without being subject to this section if the employer has not |
| 224 | had a group health benefit plan in place in the prior 6 months. |
| 225 | A carrier authorized to issue group or individual health benefit |
| 226 | plans under this chapter or chapter 641 may offer coverage as |
| 227 | described in this subparagraph to employees that are not |
| 228 | eligible employees as defined in this section, whether or not |
| 229 | the small employer has a group health benefit plan in place. A |
| 230 | carrier that offers coverage as described in this subparagraph |
| 231 | must provide a cancellation notice to the primary insured at |
| 232 | least 10 days prior to canceling the coverage for nonpayment of |
| 233 | premium. |
| 234 | Section 6. Paragraph (i) of subsection (2) of section |
| 235 | 636.204, Florida Statutes, is amended to read: |
| 236 | 636.204 License required.-- |
| 237 | (2) An application for a license to operate as a discount |
| 238 | medical plan organization must be filed with the office on a |
| 239 | form prescribed by the commission. Such application must be |
| 240 | sworn to by an officer or authorized representative of the |
| 241 | applicant and be accompanied by the following, if applicable: |
| 242 | (i) A copy of the applicant's most recent financial |
| 243 | statements audited by an independent certified public |
| 244 | accountant. An applicant that is a subsidiary of a parent entity |
| 245 | that is publicly traded and that prepares audited financial |
| 246 | statements reflecting the consolidated operations of the parent |
| 247 | entity and the subsidiary may submit petition the office to |
| 248 | accept, in lieu of the audited financial statement of the |
| 249 | applicant, the audited financial statement of the parent entity |
| 250 | and a written guaranty by the parent entity that the minimum |
| 251 | capital requirements of the applicant required by this part will |
| 252 | be met by the parent entity. |
| 253 | Section 7. Subsection (1) of section 636.206, Florida |
| 254 | Statutes, is amended to read: |
| 255 | 636.206 Examinations and investigations.-- |
| 256 | (1) The office may examine or investigate the business and |
| 257 | affairs of any discount medical plan organization if the |
| 258 | commissioner has reason to believe that the discount medical |
| 259 | plan organization is not complying with the requirements of this |
| 260 | act. The office may order any discount medical plan organization |
| 261 | or applicant to produce any records, books, files, advertising |
| 262 | and solicitation materials, or other information and may take |
| 263 | statements under oath to determine whether the discount medical |
| 264 | plan organization or applicant is in violation of the law or is |
| 265 | acting contrary to the public interest. The expenses incurred in |
| 266 | conducting any examination or investigation must be paid by the |
| 267 | discount medical plan organization or applicant. Examinations |
| 268 | and investigations must be conducted as provided in chapter 624. |
| 269 | Section 8. Subsection (1) of section 636.210, Florida |
| 270 | Statutes, is amended to read: |
| 271 | 636.210 Prohibited activities of a discount medical plan |
| 272 | organization.-- |
| 273 | (1) A discount medical plan organization may not: |
| 274 | (a) Use in its advertisements, marketing material, |
| 275 | brochures, and discount cards the term "insurance" except as |
| 276 | otherwise provided in this part or as a disclaimer of any |
| 277 | relationship between discount medical plan organization benefits |
| 278 | and insurance; |
| 279 | (b) Use in its advertisements, marketing material, |
| 280 | brochures, and discount cards the terms "health plan," |
| 281 | "coverage," "copay," "copayments," "preexisting conditions," |
| 282 | "guaranteed issue," "premium," "PPO," "preferred provider |
| 283 | organization," or other terms in a manner that could reasonably |
| 284 | mislead a person into believing the discount medical plan was |
| 285 | health insurance; |
| 286 | (c) Have restrictions on free access to plan providers, |
| 287 | except for hospital services, including, but not limited to, |
| 288 | waiting periods and notification periods; or |
| 289 | (d) Pay providers any fees for medical services. |
| 290 | Section 9. Subsections (1), (3), and (4) of section |
| 291 | 636.216, Florida Statutes, are amended to read: |
| 292 | 636.216 Charge or form filings.-- |
| 293 | (1) All charges to members must be filed with the office. |
| 294 | and Any charge to members greater than $30 per month or $360 per |
| 295 | year for access to healthcare services, other than those |
| 296 | provided by physicians licensed under chapter 458 or chapter 459 |
| 297 | or by hospitals licensed under chapter 395, must be approved by |
| 298 | the office before the charges can be used. Any charge to members |
| 299 | greater than $60 dollars per month or $720 per year for |
| 300 | healthcare services that include services provided by physicians |
| 301 | licensed under chapters 458 and 459 or by hospitals licensed |
| 302 | under chapter 395 must be approved by the office before the |
| 303 | charges can be used. The discount medical plan organization has |
| 304 | the burden of proof that the charges bear a reasonable relation |
| 305 | to the benefits received by the member. |
| 306 | (3) All forms used, including the written agreement |
| 307 | pursuant to subsection (2), must first be filed with and |
| 308 | approved by the office. Every form filed shall be identified by |
| 309 | a unique form number placed in the lower left corner of each |
| 310 | form. |
| 311 | (4) A charge or form is considered approved on the 60th |
| 312 | day after its date of filing unless it has been previously |
| 313 | disapproved by the office. The office shall disapprove any form |
| 314 | that does not meet the requirements of this part or that is |
| 315 | unreasonable, discriminatory, misleading, or unfair. If such |
| 316 | filing is filings are disapproved, the office shall notify the |
| 317 | discount medical plan organization and shall specify in the |
| 318 | notice the reasons for disapproval. |
| 319 | Section 10. Subsection (2) of section 636.218, Florida |
| 320 | Statutes, is amended to read: |
| 321 | 636.218 Annual reports.-- |
| 322 | (2) Such reports must be on forms prescribed by the |
| 323 | commission and must include: |
| 324 | (a) Audited financial statements prepared in accordance |
| 325 | with generally accepted accounting principles certified by an |
| 326 | independent certified public accountant, including the |
| 327 | organization's balance sheet, income statement, and statement of |
| 328 | changes in cash flow for the preceding year. An organization |
| 329 | that is a subsidiary of a parent entity that is publicly traded |
| 330 | and that prepares audited financial statements reflecting the |
| 331 | consolidated operations of the parent entity and the |
| 332 | organization may petition the office to accept, in lieu of the |
| 333 | audited financial statement of the organization, the audited |
| 334 | financial statement of the parent entity and a written guaranty |
| 335 | by the parent entity that the minimum capital requirements of |
| 336 | the organization required by this part will be met by the parent |
| 337 | entity. |
| 338 | (a)(b) If different from the initial application or the |
| 339 | last annual report, a list of the names and residence addresses |
| 340 | of all persons responsible for the conduct of the organization's |
| 341 | affairs, together with a disclosure of the extent and nature of |
| 342 | any contracts or arrangements between such persons and the |
| 343 | discount medical plan organization, including any possible |
| 344 | conflicts of interest. |
| 345 | (b)(c) The number of discount medical plan members in the |
| 346 | state. |
| 347 | (c)(d) Such other information relating to the performance |
| 348 | of the discount medical plan organization as is reasonably |
| 349 | required by the commission or office. |
| 350 | Section 11. Subsection (1) of section 636.220, Florida |
| 351 | Statutes, is amended to read: |
| 352 | 636.220 Minimum capital requirements.-- |
| 353 | (1) Each discount medical plan organization must at all |
| 354 | times maintain a net worth of at least $150,000 and each |
| 355 | discount medical plan organization shall certify in writing |
| 356 | under oath at licensure and annually that the minimum |
| 357 | capitalization requirements of this part are satisfied. |
| 358 | Section 12. Section 636.232, Florida Statutes, is amended |
| 359 | to read: |
| 360 | 636.232 Rules.--The commission may adopt rules to |
| 361 | administer this part, including rules for the licensing of |
| 362 | discount medical plan organizations; establishing standards for |
| 363 | evaluating forms, advertisements, marketing materials, |
| 364 | brochures, and discount cards; providing for the collection of |
| 365 | data; relating to disclosures to plan members; and defining |
| 366 | terms used in this part. |
| 367 | Section 13. Section 636.230, Florida Statutes, is |
| 368 | repealed. |
| 369 | Section 14. Present subsections (5) through (40) of |
| 370 | section 641.31, Florida Statutes, are renumbered as subsections |
| 371 | (7) through (42), respectively, and new subsections (5) and (6) |
| 372 | are added to that section, to read: |
| 373 | 641.31 Health maintenance contracts.-- |
| 374 | (5) The contract, certificate, or member handbook must be |
| 375 | accompanied by an identification card that contains, at a |
| 376 | minimum: |
| 377 | (a) The name of the organization offering the contract or |
| 378 | name of the organization administering the contract, whichever |
| 379 | applies. |
| 380 | (b) The name of the subscriber. |
| 381 | (c) A statement that the health plan is a health |
| 382 | maintenance organization. Only a health plan with a certificate |
| 383 | of authority issued under this chapter may be identified as a |
| 384 | health maintenance organization. |
| 385 | (d) The member identification number, contract number, and |
| 386 | group number, if applicable. |
| 387 | (e) A contact phone number or electronic address for |
| 388 | authorizations. |
| 389 | (f) A phone number or electronic address whereby the |
| 390 | covered person or hospital, physician, or other person rendering |
| 391 | services covered by the contract may determine if the plan is |
| 392 | insured and may obtain a benefits verification in order to |
| 393 | estimate patient financial responsibility, in compliance with |
| 394 | privacy rules under the Health Insurance Portability and |
| 395 | Accountability Act. |
| 396 | (g) The national plan identifier, in accordance with the |
| 397 | compliance date set forth by the federal Department of Health |
| 398 | and Human Services. |
| 399 |
|
| 400 | The identification card must present the information in a |
| 401 | readily identifiable manner or, alternatively, the information |
| 402 | may be embedded on the card and available through magnetic |
| 403 | stripe or smart card. The information may also be provided |
| 404 | through other electronic technology. |
| 405 | (6)(a) A health maintenance organization shall provide a |
| 406 | hospital, physician, or other person rendering services covered |
| 407 | by the policy electronic access to the covered person's |
| 408 | eligibility and benefits information through a secure Internet |
| 409 | website. The eligibility and benefits information shall comply |
| 410 | with the transaction standards specified in ANSI ASC X12N 270 |
| 411 | for health care claim eligibility inquiries and ANSI ASC X12N |
| 412 | 271 for health care claim eligibility responses, or successor |
| 413 | transaction standards, pursuant to the Health Insurance |
| 414 | Portability and Accountability Act. |
| 415 | (b) A health maintenance organization shall develop an |
| 416 | implementation plan to comply with paragraph (a) no later than |
| 417 | March 31, 2007, and shall make the eligibility and benefits |
| 418 | information described in this subsection available through a |
| 419 | secure Internet website no later than July 1, 2007. |
| 420 | Section 15. Paragraph (j) of subsection (3) of section |
| 421 | 383.145, Florida Statutes, is amended to read: |
| 422 | 383.145 Newborn and infant hearing screening.-- |
| 423 | (3) REQUIREMENTS FOR SCREENING OF NEWBORNS; INSURANCE |
| 424 | COVERAGE; REFERRAL FOR ONGOING SERVICES.-- |
| 425 | (j) The initial procedure for screening the hearing of the |
| 426 | newborn or infant and any medically necessary followup |
| 427 | reevaluations leading to diagnosis shall be a covered benefit, |
| 428 | reimbursable under Medicaid as an expense compensated |
| 429 | supplemental to the per diem rate for Medicaid patients enrolled |
| 430 | in MediPass or Medicaid patients covered by a fee for service |
| 431 | program. For Medicaid patients enrolled in HMOs, providers shall |
| 432 | be reimbursed directly by the Medicaid Program Office at the |
| 433 | Medicaid rate. This service may not be considered a covered |
| 434 | service for the purposes of establishing the payment rate for |
| 435 | Medicaid HMOs. All health insurance policies and health |
| 436 | maintenance organizations as provided under ss. 627.6416, |
| 437 | 627.6579, and 641.31(32)(30), except for supplemental policies |
| 438 | that only provide coverage for specific diseases, hospital |
| 439 | indemnity, or Medicare supplement, or to the supplemental |
| 440 | polices, shall compensate providers for the covered benefit at |
| 441 | the contracted rate. Nonhospital-based providers shall be |
| 442 | eligible to bill Medicaid for the professional and technical |
| 443 | component of each procedure code. |
| 444 | Section 16. Paragraphs (b) and (i) of subsection (1) of |
| 445 | section 641.185, Florida Statutes, are amended to read: |
| 446 | 641.185 Health maintenance organization subscriber |
| 447 | protections.-- |
| 448 | (1) With respect to the provisions of this part and part |
| 449 | III, the principles expressed in the following statements shall |
| 450 | serve as standards to be followed by the commission, the office, |
| 451 | the department, and the Agency for Health Care Administration in |
| 452 | exercising their powers and duties, in exercising administrative |
| 453 | discretion, in administrative interpretations of the law, in |
| 454 | enforcing its provisions, and in adopting rules: |
| 455 | (b) A health maintenance organization subscriber should |
| 456 | receive quality health care from a broad panel of providers, |
| 457 | including referrals, preventive care pursuant to s. 641.402(1), |
| 458 | emergency screening and services pursuant to ss. 641.31(14)(12) |
| 459 | and 641.513, and second opinions pursuant to s. 641.51. |
| 460 | (i) A health maintenance organization subscriber should |
| 461 | receive timely and, if necessary, urgent grievances and appeals |
| 462 | within the health maintenance organization pursuant to ss. |
| 463 | 641.228, 641.31(7)(5), 641.47, and 641.511. |
| 464 | Section 17. Subsection (1) of section 641.2018, Florida |
| 465 | Statutes, is amended to read: |
| 466 | 641.2018 Limited coverage for home health care |
| 467 | authorized.-- |
| 468 | (1) Notwithstanding other provisions of this chapter, a |
| 469 | health maintenance organization may issue a contract that limits |
| 470 | coverage to home health care services only. The organization and |
| 471 | the contract shall be subject to all of the requirements of this |
| 472 | part that do not require or otherwise apply to specific benefits |
| 473 | other than home care services. To this extent, all of the |
| 474 | requirements of this part apply to any organization or contract |
| 475 | that limits coverage to home care services, except the |
| 476 | requirements for providing comprehensive health care services as |
| 477 | provided in ss. 641.19(4), (11), and (12), and 641.31(1), except |
| 478 | ss. 641.31(11)(9), (14)(12), (17), (18), (19), (20), (21), (23), |
| 479 | and (26)(24) and 641.31095. |
| 480 | Section 18. Section 641.3107, Florida Statutes, is amended |
| 481 | to read: |
| 482 | 641.3107 Delivery of contract.--Unless delivered upon |
| 483 | execution or issuance, a health maintenance contract, |
| 484 | certificate of coverage, or member handbook shall be mailed or |
| 485 | delivered to the subscriber or, in the case of a group health |
| 486 | maintenance contract, to the employer or other person who will |
| 487 | hold the contract on behalf of the subscriber group within 10 |
| 488 | working days from approval of the enrollment form by the health |
| 489 | maintenance organization or by the effective date of coverage, |
| 490 | whichever occurs first. However, if the employer or other person |
| 491 | who will hold the contract on behalf of the subscriber group |
| 492 | requires retroactive enrollment of a subscriber, the |
| 493 | organization shall deliver the contract, certificate, or member |
| 494 | handbook to the subscriber within 10 days after receiving notice |
| 495 | from the employer of the retroactive enrollment. This section |
| 496 | does not apply to the delivery of those contracts specified in |
| 497 | s. 641.31(15)(13). |
| 498 | Section 19. Paragraph (a) of subsection (7) of section |
| 499 | 641.3922, Florida Statutes, is amended to read: |
| 500 | 641.3922 Conversion contracts; conditions.--Issuance of a |
| 501 | converted contract shall be subject to the following conditions: |
| 502 | (7) REASONS FOR CANCELLATION; TERMINATION.--The converted |
| 503 | health maintenance contract must contain a cancellation or |
| 504 | nonrenewability clause providing that the health maintenance |
| 505 | organization may refuse to renew the contract of any person |
| 506 | covered thereunder, but cancellation or nonrenewal must be |
| 507 | limited to one or more of the following reasons: |
| 508 | (a) Fraud or intentional misrepresentation, subject to the |
| 509 | limitations of s. 641.31(25)(23), in applying for any benefits |
| 510 | under the converted health maintenance contract.; |
| 511 | Section 20. Subsection (4) of section 641.513, Florida |
| 512 | Statutes, is amended to read: |
| 513 | 641.513 Requirements for providing emergency services and |
| 514 | care.-- |
| 515 | (4) A subscriber may be charged a reasonable copayment, as |
| 516 | provided in s. 641.31(14)(12), for the use of an emergency room. |
| 517 | Section 21. Paragraph (b) of subsection (2) and subsection |
| 518 | (6) of section 641.316, Florida Statutes, are amended to read: |
| 519 | 641.316 Fiscal intermediary services.-- |
| 520 | (2) |
| 521 | (b) The term "fiscal intermediary services organization" |
| 522 | means a person or entity that which performs fiduciary or fiscal |
| 523 | intermediary services to health care professionals who contract |
| 524 | with health maintenance organizations other than a fiscal |
| 525 | intermediary services organization owned, operated, or |
| 526 | controlled by a hospital licensed under chapter 395, an insurer |
| 527 | licensed under chapter 624, a third-party administrator licensed |
| 528 | under chapter 626, a prepaid limited health service organization |
| 529 | licensed under chapter 636, a health maintenance organization |
| 530 | licensed under this chapter, or physician group practices as |
| 531 | defined in s. 456.053(3)(h) and providing services under the |
| 532 | scope of licenses of the members of the group practice. |
| 533 | (6) Any fiscal intermediary services organization, other |
| 534 | than a fiscal intermediary services organization owned, |
| 535 | operated, or controlled by a hospital licensed under chapter |
| 536 | 395, an insurer licensed under chapter 624, a third-party |
| 537 | administrator licensed under chapter 626, a prepaid limited |
| 538 | health service organization licensed under chapter 636, a health |
| 539 | maintenance organization licensed under this chapter, or |
| 540 | physician group practices as defined in s. 456.053(3)(h), and |
| 541 | providing services under the scope of licenses of the members of |
| 542 | the group practice, must register with the office and meet the |
| 543 | requirements of this section. In order to register as a fiscal |
| 544 | intermediary services organization, the organization must comply |
| 545 | with ss. 641.21(1)(c), and (d), and (j), and 641.22(6), and |
| 546 | 641.27. The fiscal intermediary services organization must also |
| 547 | comply with the provisions of ss. 641.3155, 641.3156, and |
| 548 | 641.51(4). Should the office determine that the fiscal |
| 549 | intermediary services organization does not meet the |
| 550 | requirements of this section, the registration shall be denied. |
| 551 | In the event that the registrant fails to maintain compliance |
| 552 | with the provisions of this section, the office may revoke or |
| 553 | suspend the registration. In lieu of revocation or suspension of |
| 554 | the registration, the office may levy an administrative penalty |
| 555 | in accordance with s. 641.25. |
| 556 | Section 22. This act shall take effect January 1, 2007, |
| 557 | and shall apply to identification cards issued for policies or |
| 558 | certificates issued or renewed on or after that date. |