Senate Bill sb2094c1

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    Florida Senate - 2007                           CS for SB 2094

    By the Committee on Banking and Insurance; and Senator Peaden





    597-2328-07

  1                      A bill to be entitled

  2         An act relating to plans, policies, contracts,

  3         and programs for the provision of health care

  4         services; amending s. 408.909, F.S.;

  5         authorizing certain licensed entities to offer

  6         the health flex plan; revising criteria for

  7         eligibility for enrollment in a health flex

  8         plan; creating s. 445.015, F.S.; establishing a

  9         small business health insurance plan grant

10         program; providing purposes of the grant

11         program; providing conditions for use of grant

12         funds; providing duties of the Agency for

13         Workforce Innovation and the Office of

14         Insurance Regulation; requiring a report to the

15         Governor and Legislature; providing an

16         appropriation; amending s. 627.642, F.S.;

17         requiring an identification card containing

18         specified information to be given to insureds

19         who have health and accident insurance;

20         amending s. 627.4236, F.S.; redefining the term

21         "bone marrow transplant" for purposes of

22         required coverage for certain procedures to

23         include nonablative therapy having

24         life-prolonging intent; amending s. 627.657,

25         F.S.; requiring an identification card

26         containing specified information to be given to

27         insureds under group health insurance policies;

28         amending s. 641.31, F.S.; requiring an

29         identification card to be given to persons

30         having health care services through a health

31         maintenance contract; amending ss. 383.145,

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    Florida Senate - 2007                           CS for SB 2094
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 1         641.185, 641.2018, 641.3107, 641.3922, and

 2         641.513, F.S.; conforming cross-references to

 3         changes made by the act; providing application;

 4         providing effective dates.

 5  

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

 7  

 8         Section 1.  Effective July 1, 2007, subsections (3) and

 9  (5) of section 408.909, Florida Statutes, are amended to read:

10         408.909  Health flex plans.--

11         (3)  PROGRAM.--The agency and the office shall each

12  approve or disapprove health flex plans that provide health

13  care coverage for eligible participants. A health flex plan

14  may limit or exclude benefits otherwise required by law for

15  insurers offering coverage in this state, may cap the total

16  amount of claims paid per year per enrollee, may limit the

17  number of enrollees, or may take any combination of those

18  actions. A health flex plan offering may include the option of

19  a catastrophic plan supplementing the health flex plan.

20         (a)  The agency shall develop guidelines for the review

21  of applications for health flex plans and shall disapprove or

22  withdraw approval of plans that do not meet or no longer meet

23  minimum standards for quality of care and access to care. The

24  agency shall ensure that the health flex plans follow

25  standardized grievance procedures similar to those required of

26  health maintenance organizations.

27         (b)  The office shall develop guidelines for the review

28  of health flex plan applications and provide regulatory

29  oversight of health flex plan advertisement and marketing

30  procedures. The office shall disapprove or shall withdraw

31  approval of plans that:

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    Florida Senate - 2007                           CS for SB 2094
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 1         1.  Contain any ambiguous, inconsistent, or misleading

 2  provisions or any exceptions or conditions that deceptively

 3  affect or limit the benefits purported to be assumed in the

 4  general coverage provided by the health flex plan;

 5         2.  Provide benefits that are unreasonable in relation

 6  to the premium charged or contain provisions that are unfair

 7  or inequitable or contrary to the public policy of this state,

 8  that encourage misrepresentation, or that result in unfair

 9  discrimination in sales practices;

10         3.  Cannot demonstrate that the health flex plan is

11  financially sound and that the applicant is able to underwrite

12  or finance the health care coverage provided; or

13         4.  Cannot demonstrate that the applicant and its

14  management are in compliance with the standards required under

15  s. 624.404(3).

16         (c)  In order to expedite financial determinations and

17  immediately qualify a large base of eligible entities to offer

18  the health flex program, entities licensed under chapter 627,

19  chapter 632, chapter 636, or chapter 641 shall be deemed in

20  compliance with the financial requirements for offering a

21  health flex plan. In addition, any local government or health

22  care district that has the initial operating funds and taxing

23  authority to fulfill its obligations under the proposed health

24  flex plan shall be deemed in compliance with the financial

25  requirements for offering a health flex plan.

26         (d)(c)  The agency and the Financial Services

27  Commission may adopt rules as needed to administer this

28  section.

29         (5)  ELIGIBILITY.--Eligibility to enroll in an approved

30  health flex plan is limited to residents of this state who:

31         (a)  Are 64 years of age or younger;

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    Florida Senate - 2007                           CS for SB 2094
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 1         (b)  Have a family income equal to or less than 250 200

 2  percent of the federal poverty level;

 3         (c)  Are eligible under a federally approved Medicaid

 4  demonstration waiver and reside in Palm Beach County or

 5  Miami-Dade County;

 6         (d)  Are not covered by a private insurance policy and

 7  are not eligible for coverage through a public health

 8  insurance program, such as Medicare or Medicaid, unless

 9  specifically authorized under paragraph (c), or another public

10  health care program, such as Kidcare, and have not been

11  covered at any time during the past 6 months; and

12         (d)(e)  Have applied for health care coverage through

13  an approved health flex plan and have agreed to make any

14  payments required for participation, including periodic

15  payments or payments due at the time health care services are

16  provided; and

17         (e)  Are either:

18         1.  Not covered by a private insurance policy and not

19  eligible for coverage through a public health insurance

20  program, such as Medicare or Medicaid, unless specifically

21  authorized under paragraph (c), or another public health care

22  program, such as Kidcare, and have not been covered at any

23  time during the past 6 months; or

24         2.  Part of an employer group that is not covered by a

25  private health insurance policy and has not been covered at

26  any time during the past 6 months and in which at least 75

27  percent of the employees have a family income equal to or less

28  than 250 percent of the federal poverty level. If the health

29  flex plan entity is a properly licensed health insurer, health

30  plan, or health maintenance organization, this subparagraph

31  applies when only 50 percent of the employees have a family

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    Florida Senate - 2007                           CS for SB 2094
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 1  income equal to or less than 250 percent of the federal

 2  poverty level.

 3         Section 2.  Effective July 1, 2007, section 445.015,

 4  Florida Statutes, is created to read:

 5         445.015  Small business health insurance plan grant

 6  program.--

 7         (1)  The agency shall establish a small business health

 8  insurance plan grant program to award, administer, and monitor

 9  grants to small employers and small businesses to develop and

10  offer cafeteria health plans that qualify under s. 125 of the

11  Internal Revenue Code and include options such as prepaid

12  health clinic services licensed under part II of chapter 641

13  for the purpose of improving access to health insurance for

14  uninsured employees. The agency shall give priority to

15  employer proposals that would improve access for previously

16  uninsured employees or include long-term commitments to insure

17  employees. Grant funds shall not be used for ongoing

18  maintenance of the plans or for employer contributions. Health

19  plans may identify and assist eligible small employers and

20  small businesses in obtaining grants. The agency, in

21  consultation with the Office of Insurance Regulation, shall

22  evaluate each project funded by a grant to measure any

23  increases in access to insurance and the long-term viability

24  of such increases. The agency shall design materials and

25  interactive programs to inform small employers and small

26  businesses about such cafeteria health plans and shall provide

27  training to assist small employers and small businesses in

28  developing such plans. Training shall include technical

29  assistance in establishing relationships with health plans and

30  individualized guidance on operational methods and

31  

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    Florida Senate - 2007                           CS for SB 2094
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 1  infrastructure that will best support and ensure the long-term

 2  success of using these plans.

 3         (2)  The agency shall submit a report that documents

 4  the specific activities undertaken during the fiscal year

 5  pursuant to this section annually to the Governor, the

 6  President of the Senate, and the Speaker of the House of

 7  Representatives no later than February 1.

 8         Section 3.  Effective July 1, 2007, the sum of $250,000

 9  in nonrecurring revenue is appropriated from the General

10  Revenue Fund to the Agency for Workforce Innovation for the

11  2007-2008 fiscal year to award Small Business Health Insurance

12  Plan Grants to eligible businesses.

13         Section 4.  Subsection (3) is added to section 627.642,

14  Florida Statutes, to read:

15         627.642  Outline of coverage.--

16         (3)  In addition to the outline of coverage, a policy

17  as specified in s. 627.6699(3)(k) must be accompanied by an

18  identification card that contains, at a minimum:

19         (a)  The name of the organization issuing the policy or

20  the name of the organization administering the policy,

21  whichever applies.

22         (b)  The name of the contract holder.

23         (c)  The type of plan only if the plan is filed in the

24  state, an indication that the plan is self-funded, or the name

25  of the network.

26         (d)  The member identification number, contract number,

27  and policy or group number, if applicable.

28         (e)  A contact phone number or electronic address for

29  authorizations.

30         (f)  A phone number or electronic address whereby the

31  covered person or hospital, physician, or other person

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    Florida Senate - 2007                           CS for SB 2094
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 1  rendering services covered by the policy may determine if the

 2  plan is insured and may obtain a benefits verification in

 3  order to estimate patient financial responsibility, in

 4  compliance with privacy rules under the Health Insurance

 5  Portability and Accountability Act.

 6         (g)  The national plan identifier, in accordance with

 7  the compliance date set forth by the federal Department of

 8  Health and Human Services.

 9  

10  The identification card must present the information in a

11  readily identifiable manner or, alternatively, the information

12  may be embedded on the card and available through magnetic

13  stripe or smart card. The information may also be provided

14  through other electronic technology.

15         Section 5.  Subsection (1) of section 627.4236, Florida

16  Statutes, is amended to read:

17         627.4236  Coverage for bone marrow transplant

18  procedures.--

19         (1)  As used in this section, the term "bone marrow

20  transplant" means human blood precursor cells administered to

21  a patient to restore normal hematological and immunological

22  functions following ablative or nonablative therapy with

23  curative or life-prolonging intent. Human blood precursor

24  cells may be obtained from the patient in an autologous

25  transplant or from a medically acceptable related or unrelated

26  donor, and may be derived from bone marrow, circulating blood,

27  or a combination of bone marrow and circulating blood.  If

28  chemotherapy is an integral part of the treatment involving

29  bone marrow transplantation, the term "bone marrow transplant"

30  includes both the transplantation and the chemotherapy.

31  

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    Florida Senate - 2007                           CS for SB 2094
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 1         Section 6.  Present subsection (2) of section 627.657,

 2  Florida Statutes, is renumbered as subsection (3), and a new

 3  subsection (2) is added to that section, to read:

 4         627.657  Provisions of group health insurance

 5  policies.--

 6         (2)  The medical policy as specified in s.

 7  627.6699(3)(k) must be accompanied by an identification card

 8  that contains, at a minimum:

 9         (a)  The name of the organization issuing the policy or

10  name of the organization administering the policy, whichever

11  applies.

12         (b)  The name of the certificateholder.

13         (c)  The type of plan only if the plan is filed in the

14  state, an indication that the plan is self-funded, or the name

15  of the network.

16         (d)  The member identification number, contract number,

17  and policy or group number, if applicable.

18         (e)  A contact phone number or electronic address for

19  authorizations.

20         (f)  A phone number or electronic address whereby the

21  covered person or hospital, physician, or other person

22  rendering services covered by the policy may determine if the

23  plan is insured and may obtain a benefits verification in

24  order to estimate patient financial responsibility, in

25  compliance with privacy rules under the Health Insurance

26  Portability and Accountability Act.

27         (g)  The national plan identifier, in accordance with

28  the compliance date set forth by the federal Department of

29  Health and Human Services.

30  

31  

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    Florida Senate - 2007                           CS for SB 2094
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 1  The identification card must present the information in a

 2  readily identifiable manner or, alternatively, the information

 3  may be embedded on the card and available through magnetic

 4  stripe or smart card. The information may also be provided

 5  through other electronic technology.

 6         Section 7.  Present subsections (5) through (40) of

 7  section 641.31, Florida Statutes, are renumbered as

 8  subsections (6) through (41), respectively, and a new

 9  subsection (5) is added to that section, to read:

10         641.31  Health maintenance contracts.--

11         (5)  The contract, certificate, or member handbook must

12  be accompanied by an identification card that contains, at a

13  minimum:

14         (a)  The name of the organization offering the contract

15  or name of the organization administering the contract,

16  whichever applies.

17         (b)  The name of the subscriber.

18         (c)  A statement that the health plan is a health

19  maintenance organization. Only a health plan with a

20  certificate of authority issued under this chapter may be

21  identified as a health maintenance organization.

22         (d)  The member identification number, contract number,

23  and group number, if applicable.

24         (e)  A contact phone number or electronic address for

25  authorizations.

26         (f)  A phone number or electronic address whereby the

27  covered person or hospital, physician, or other person

28  rendering services covered by the contract may determine if

29  the plan is insured and may obtain a benefits verification in

30  order to estimate patient financial responsibility, in

31  

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    Florida Senate - 2007                           CS for SB 2094
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 1  compliance with privacy rules under the Health Insurance

 2  Portability and Accountability Act.

 3         (g)  The national plan identifier, in accordance with

 4  the compliance date set forth by the federal Department of

 5  Health and Human Services.

 6  

 7  The identification card must present the information in a

 8  readily identifiable manner or, alternatively, the information

 9  may be embedded on the card and available through magnetic

10  stripe or smart card. The information may also be provided

11  through other electronic technology.

12         Section 8.  Paragraph (j) of subsection (3) of section

13  383.145, Florida Statutes, is amended to read:

14         383.145  Newborn and infant hearing screening.--

15         (3)  REQUIREMENTS FOR SCREENING OF NEWBORNS; INSURANCE

16  COVERAGE; REFERRAL FOR ONGOING SERVICES.--

17         (j)  The initial procedure for screening the hearing of

18  the newborn or infant and any medically necessary followup

19  reevaluations leading to diagnosis shall be a covered benefit,

20  reimbursable under Medicaid as an expense compensated

21  supplemental to the per diem rate for Medicaid patients

22  enrolled in MediPass or Medicaid patients covered by a fee for

23  service program. For Medicaid patients enrolled in HMOs,

24  providers shall be reimbursed directly by the Medicaid Program

25  Office at the Medicaid rate. This service may not be

26  considered a covered service for the purposes of establishing

27  the payment rate for Medicaid HMOs. All health insurance

28  policies and health maintenance organizations as provided

29  under ss. 627.6416, 627.6579, and 641.31(31) 641.31(30),

30  except for supplemental policies that only provide coverage

31  for specific diseases, hospital indemnity, or Medicare

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    Florida Senate - 2007                           CS for SB 2094
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 1  supplement, or to the supplemental polices, shall compensate

 2  providers for the covered benefit at the contracted rate.

 3  Nonhospital-based providers shall be eligible to bill Medicaid

 4  for the professional and technical component of each procedure

 5  code.

 6         Section 9.  Paragraphs (b) and (i) of subsection (1) of

 7  section 641.185, Florida Statutes, are amended to read:

 8         641.185  Health maintenance organization subscriber

 9  protections.--

10         (1)  With respect to the provisions of this part and

11  part III, the principles expressed in the following statements

12  shall serve as standards to be followed by the commission, the

13  office, the department, and the Agency for Health Care

14  Administration in exercising their powers and duties, in

15  exercising administrative discretion, in administrative

16  interpretations of the law, in enforcing its provisions, and

17  in adopting rules:

18         (b)  A health maintenance organization subscriber

19  should receive quality health care from a broad panel of

20  providers, including referrals, preventive care pursuant to s.

21  641.402(1), emergency screening and services pursuant to ss.

22  641.31(13) 641.31(12) and 641.513, and second opinions

23  pursuant to s. 641.51.

24         (i)  A health maintenance organization subscriber

25  should receive timely and, if necessary, urgent grievances and

26  appeals within the health maintenance organization pursuant to

27  ss. 641.228, 641.31(6) 641.31(5), 641.47, and 641.511.

28         Section 10.  Subsection (1) of section 641.2018,

29  Florida Statutes, is amended to read:

30         641.2018  Limited coverage for home health care

31  authorized.--

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    Florida Senate - 2007                           CS for SB 2094
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 1         (1)  Notwithstanding other provisions of this chapter,

 2  a health maintenance organization may issue a contract that

 3  limits coverage to home health care services only. The

 4  organization and the contract shall be subject to all of the

 5  requirements of this part that do not require or otherwise

 6  apply to specific benefits other than home care services. To

 7  this extent, all of the requirements of this part apply to any

 8  organization or contract that limits coverage to home care

 9  services, except the requirements for providing comprehensive

10  health care services as provided in ss. 641.19(4), (11), and

11  (12), and 641.31(1), except ss. 641.31(10) 641.31(9),

12  (13)(12), (17), (18), (19), (20), (21), (22), and (25)(24) and

13  641.31095.

14         Section 11.  Section 641.3107, Florida Statutes, is

15  amended to read:

16         641.3107  Delivery of contract.--Unless delivered upon

17  execution or issuance, a health maintenance contract,

18  certificate of coverage, or member handbook shall be mailed or

19  delivered to the subscriber or, in the case of a group health

20  maintenance contract, to the employer or other person who will

21  hold the contract on behalf of the subscriber group within 10

22  working days from approval of the enrollment form by the

23  health maintenance organization or by the effective date of

24  coverage, whichever occurs first. However, if the employer or

25  other person who will hold the contract on behalf of the

26  subscriber group requires retroactive enrollment of a

27  subscriber, the organization shall deliver the contract,

28  certificate, or member handbook to the subscriber within 10

29  days after receiving notice from the employer of the

30  retroactive enrollment. This section does not apply to the

31  

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    Florida Senate - 2007                           CS for SB 2094
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 1  delivery of those contracts specified in s. 641.31(14) s.

 2  641.31(13).

 3         Section 12.  Paragraph (a) of subsection (7) of section

 4  641.3922, Florida Statutes, is amended to read:

 5         641.3922  Conversion contracts; conditions.--Issuance

 6  of a converted contract shall be subject to the following

 7  conditions:

 8         (7)  REASONS FOR CANCELLATION; TERMINATION.--The

 9  converted health maintenance contract must contain a

10  cancellation or nonrenewability clause providing that the

11  health maintenance organization may refuse to renew the

12  contract of any person covered thereunder, but cancellation or

13  nonrenewal must be limited to one or more of the following

14  reasons:

15         (a)  Fraud or intentional misrepresentation, subject to

16  the limitations of s. 641.31(24) s. 641.31(23), in applying

17  for any benefits under the converted health maintenance

18  contract.;

19         Section 13.  Subsection (4) of section 641.513, Florida

20  Statutes, is amended to read:

21         641.513  Requirements for providing emergency services

22  and care.--

23         (4)  A subscriber may be charged a reasonable

24  copayment, as provided in s. 641.31(13) s. 641.31(12), for the

25  use of an emergency room.

26         Section 14.  Except as otherwise expressly provided in

27  this act and except for this section, which shall take effect

28  July 1, 2007, this act shall take effect January 1, 2008, and

29  shall apply to policies or certificates issued or renewed on

30  or after that date.

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2094

 3                                 

 4  The committee substitute makes the following changes:

 5  1.   Revises criteria for eligibility for participation in the
         Health Flex Plan.
 6  
    2.   Creates a small business health insurance grant program
 7       to be administered by the Agency for Workforce Innovation
         and provides a $250,000 nonrecurring general revenue
 8       appropriation to be awarded to eligible businesses.

 9  3.   Revises the definition of bone marrow transplant for
         purposes of insurance coverage.
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