Senate Bill sb0094

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006        (Corrected Copy)            SB 94

    By Senator Fasano





    11-94-06

  1                      A bill to be entitled

  2         An act relating to health maintenance

  3         organizations; amending s. 641.316, F.S.;

  4         redefining the term "fiscal intermediary

  5         services organization"; amending s. 641.234,

  6         F.S.; expanding the requirement that a health

  7         maintenance organization remains responsible

  8         for violations of certain statutory

  9         requirements if the organization transfers to

10         any entity the obligations to pay any provider

11         for claims arising from services to subscribers

12         of the organization; amending s. 626.88, F.S.,

13         relating to the regulation of insurance

14         administrators; conforming provisions to

15         changes made by the act; providing an effective

16         date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Paragraph (b) of subsection (2) of section

21  641.316, Florida Statutes, is amended to read:

22         641.316  Fiscal intermediary services.--

23         (2)

24         (b)  The term "fiscal intermediary services

25  organization" means a person or entity that which performs

26  fiduciary or fiscal intermediary services to health care

27  professionals who contract with health maintenance

28  organizations other than a fiscal intermediary services

29  organization owned, operated, or controlled by a hospital

30  licensed under chapter 395, an insurer licensed under chapter

31  624, a third-party administrator licensed under chapter 626, a

                                  1

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






    Florida Senate - 2006        (Corrected Copy)            SB 94
    11-94-06




 1  prepaid limited health service organization licensed under

 2  chapter 636, a health maintenance organization licensed under

 3  this chapter, or physician group practices as defined in s.

 4  456.053(3)(h) and providing services under the scope of

 5  licenses of the members of the group practice.

 6         Section 2.  Subsection (4) of section 641.234, Florida

 7  Statutes, is amended to read:

 8         641.234  Administrative, provider, and management

 9  contracts.--

10         (4)(a)  If a health maintenance organization, through a

11  health care risk contract, transfers to any entity the

12  obligations to pay any provider for any claims arising from

13  services provided to or for the benefit of any subscriber of

14  the organization, the health maintenance organization remains

15  shall remain responsible for any violations of ss. 641.3155,

16  641.3156, and 641.51(4). The provisions of ss.

17  624.418-624.4211 and 641.52 shall apply to any such

18  violations.

19         (b)  As used in this subsection,:

20         1.  The term "health care risk contract" means a

21  contract under which an entity receives compensation in

22  exchange for providing to the health maintenance organization

23  a provider network or other services, which may include

24  administrative services.

25         2.  the term "entity" means a person licensed as an

26  administrator under s. 626.88 and does not include any

27  provider or group practice, as defined in s. 456.053,

28  providing services under the scope of the license of the

29  provider or the members of the group practice. The term does

30  not include a hospital providing billing, claims, and

31  

                                  2

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






    Florida Senate - 2006        (Corrected Copy)            SB 94
    11-94-06




 1  collection services solely on its own and its physicians'

 2  behalf and providing services under the scope of its license.

 3         Section 3.  Subsection (1) of section 626.88, Florida

 4  Statutes, is amended to read:

 5         626.88  Definitions.--For the purposes of this part,

 6  the term:

 7         (1)  "Administrator" is any person who directly or

 8  indirectly solicits or effects coverage of, collects charges

 9  or premiums from, or adjusts or settles claims on residents of

10  this state in connection with authorized commercial

11  self-insurance funds or with insured or self-insured programs

12  which provide life or health insurance coverage or coverage of

13  any other expenses described in s. 624.33(1) or any person

14  who, through a health care risk contract as defined in s.

15  641.234 with an insurer or health maintenance organization,

16  provides billing and collection services to health insurers

17  and health maintenance organizations on behalf of health care

18  providers, other than any of the following persons:

19         (a)  An employer or wholly owned direct or indirect

20  subsidiary of an employer, on behalf of such employer's

21  employees or the employees of one or more subsidiary or

22  affiliated corporations of such employer.

23         (b)  A union on behalf of its members.

24         (c)  An insurance company which is either authorized to

25  transact insurance in this state or is acting as an insurer

26  with respect to a policy lawfully issued and delivered by such

27  company in and pursuant to the laws of a state in which the

28  insurer was authorized to transact an insurance business.

29         (d)  A health care services plan, health maintenance

30  organization, professional service plan corporation, or person

31  in the business of providing continuing care, possessing a

                                  3

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






    Florida Senate - 2006        (Corrected Copy)            SB 94
    11-94-06




 1  valid certificate of authority issued by the office, and the

 2  sales representatives thereof, if the activities of such

 3  entity are limited to the activities permitted under the

 4  certificate of authority.

 5         (e)  An entity that is affiliated with an insurer and

 6  that only performs the contractual duties, between the

 7  administrator and the insurer, of an administrator for the

 8  direct and assumed insurance business of the affiliated

 9  insurer. The insurer is responsible for the acts of the

10  administrator and is responsible for providing all of the

11  administrator's books and records to the insurance

12  commissioner, upon a request from the insurance commissioner.

13  For purposes of this paragraph, the term "insurer" means a

14  licensed insurance company, health maintenance organization,

15  prepaid limited health service organization, or prepaid health

16  clinic.

17         (f)  A nonresident entity licensed in its state of

18  domicile as an administrator if its duties in this state are

19  limited to the administration of a group policy or plan of

20  insurance and no more than a total of 100 lives for all plans

21  reside in this state.

22         (g)  An insurance agent licensed in this state whose

23  activities are limited exclusively to the sale of insurance.

24         (h)  A person licensed as a managing general agent in

25  this state, whose activities are limited exclusively to the

26  scope of activities conveyed under such license.

27         (i)  An adjuster licensed in this state whose

28  activities are limited to the adjustment of claims.

29         (j)  A creditor on behalf of such creditor's debtors

30  with respect to insurance covering a debt between the creditor

31  and its debtors.

                                  4

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






    Florida Senate - 2006        (Corrected Copy)            SB 94
    11-94-06




 1         (k)  A trust and its trustees, agents, and employees

 2  acting pursuant to such trust established in conformity with

 3  29 U.S.C. s. 186.

 4         (l)  A trust exempt from taxation under s. 501(a) of

 5  the Internal Revenue Code, a trust satisfying the requirements

 6  of ss. 624.438 and 624.439, or any governmental trust as

 7  defined in s. 624.33(3), and the trustees and employees acting

 8  pursuant to such trust, or a custodian and its agents and

 9  employees, including individuals representing the trustees in

10  overseeing the activities of a service company or

11  administrator, acting pursuant to a custodial account which

12  meets the requirements of s. 401(f) of the Internal Revenue

13  Code.

14         (m)  A financial institution which is subject to

15  supervision or examination by federal or state authorities or

16  a mortgage lender licensed under chapter 494 who collects and

17  remits premiums to licensed insurance agents or authorized

18  insurers concurrently or in connection with mortgage loan

19  payments.

20         (n)  A credit card issuing company which advances for

21  and collects premiums or charges from its credit card holders

22  who have authorized such collection if such company does not

23  adjust or settle claims.

24         (o)  A person who adjusts or settles claims in the

25  normal course of such person's practice or employment as an

26  attorney at law and who does not collect charges or premiums

27  in connection with life or health insurance coverage.

28         (p)  A person approved by the department who

29  administers only self-insured workers' compensation plans.

30         (q)  A service company or service agent and its

31  employees, authorized in accordance with ss. 626.895-626.899,

                                  5

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






    Florida Senate - 2006        (Corrected Copy)            SB 94
    11-94-06




 1  serving only a single employer plan, multiple-employer welfare

 2  arrangements, or a combination thereof.

 3         (r)  Any provider or group practice, as defined in s.

 4  456.053, providing services under the scope of the license of

 5  the provider or the member of the group practice.

 6         (s)  Any hospital providing billing, claims, and

 7  collection services solely on its own and its physicians'

 8  behalf and providing services under the scope of its license.

 9  

10  A person who provides billing and collection services to

11  health insurers and health maintenance organizations on behalf

12  of health care providers shall comply with the provisions of

13  ss. 627.6131, 641.3155, and 641.51(4).

14         Section 4.  This act shall take effect October 1, 2006.

15  

16            *****************************************

17                          SENATE SUMMARY

18    Redefines the term "fiscal intermediary services
      organization" to remove an exclusion provided for certain
19    organizations owned, operated, or controlled by a
      hospital and to clarify that the term includes certain
20    group practices. Provides that a health maintenance
      organization remains responsible for certain violations
21    regardless of the form of certain transfers of the
      obligation to pay claims.
22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  6

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