HB 1001

1
A bill to be entitled
2An act relating to health maintenance contracts; amending
3s. 641.31, F.S.; requiring a health maintenance
4organization to provide in writing a disclosure of rights
5to new subscribers who reside at a continuing care
6facility or retirement facility; providing that if a
7subscriber's request to be referred to the skilled nursing
8unit or assisted living facility that is part of the
9subscriber's place of residence is not honored, the
10subscriber may use a specified grievance process;
11providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Subsection (25) of section 641.31, Florida
16Statutes, is amended to read:
17     641.31  Health maintenance contracts.--
18     (25)  If a subscriber is a resident of a continuing care
19facility certified under chapter 651 or a retirement facility
20consisting of a nursing home or assisted living facility and
21residential apartments, the subscriber's primary care physician
22must refer the subscriber to that facility's skilled nursing
23unit or assisted living facility if requested by the subscriber
24and agreed to by the facility if the primary care physician, or
25any other physician licensed under chapter 458, chapter 459,
26chapter 460, or chapter 461, finds that it is in the best
27interest of the patient to do so; if the facility agrees to be
28reimbursed at the health maintenance organization's contract
29rate negotiated with similar providers for the same services and
30supplies; and if the facility meets all guidelines established
31by the health maintenance organization related to quality of
32care, utilization, referral authorization, risk assumption, use
33of the health maintenance organization's network, and other
34criteria applicable to providers under contract for the same
35services and supplies. If a health maintenance organization
36enrolls a new subscriber who already resides in a continuing
37care facility or a retirement facility as described in this
38subsection, the health maintenance organization must provide in
39writing a disclosure of the subscriber's rights under this
40subsection. If a subscriber's request to be referred to the
41skilled nursing unit or assisted living facility that is part of
42the subscriber's place of residence is not honored, the
43subscriber may use the grievance process provided in s. 641.511.
44     Section 2.  This act shall take effect July 1, 2007.


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