CS/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
25finds that such care is medically necessary it is in the best
26interest of the patient to do so; if the facility agrees to be
27reimbursed at the health maintenance organization's contract
28rate negotiated with similar providers for the same services and
29supplies; and if the facility meets all guidelines established
30by the health maintenance organization related to quality of
31care, utilization, referral authorization, risk assumption, use
32of the health maintenance organization's network, and other
33criteria applicable to providers under contract for the same
34services and supplies. If a health maintenance organization
35enrolls a new subscriber who already resides in a continuing
36care facility or a retirement facility as described in this
37subsection, the health maintenance organization must provide in
38writing a disclosure of the subscriber's rights under this
39subsection. If a subscriber's request to be referred to the
40skilled nursing unit or assisted living facility that is part of
41the subscriber's place of residence is not honored, the
42subscriber may use the grievance process provided in s. 641.511.
43     Section 2.  This act shall take effect July 1, 2007.


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