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. |