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