Senate Bill 2472c1

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    Florida Senate - 1999                  CS for SB's 2472 & 1892

    By the Committee on Health, Aging and Long-Term Care; and
    Senators Clary and Saunders




    317-1997B-99

  1                      A bill to be entitled

  2         An act relating to managed health care;

  3         amending s. 408.05, F.S., relating to the State

  4         Center for Health Statistics; requiring the

  5         Agency for Health Care Administration to

  6         publish health maintenance organization report

  7         cards; amending s. 408.7056, F.S.; excluding

  8         certain additional grievances from

  9         consideration by a statewide provider and

10         subscriber assistance panel; revising the

11         membership of the panel; amending s. 627.6471,

12         F.S.; requiring preferred provider organization

13         policies that require a referral for services

14         to conform to certain requirements imposed on

15         exclusive provider organization contracts;

16         amending s. 641.31, F.S., relating to health

17         maintenance contracts; providing for a

18         point-of-service benefit rider on a health

19         maintenance contract; providing requirements;

20         providing restrictions; authorizing reasonable

21         copayment and annual deductible; providing

22         exceptions relating to subscriber liability for

23         services received; amending s. 641.3155, F.S.,

24         relating to health maintenance organization

25         provider contracts and payment of claims;

26         requiring health maintenance organizations to

27         reconcile retroactive reductions of payment to

28         specific claims; requiring providers to

29         reconcile retroactive demands for underpayment

30         or nonpayment to specific claims; providing an

31         exception; providing for the contract to

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    Florida Senate - 1999                  CS for SB's 2472 & 1892
    317-1997B-99




  1         specify the look-back period; providing for an

  2         advisory group established in the Agency for

  3         Health Care Administration; requiring a report;

  4         amending s. 641.51, F.S.; requiring that health

  5         maintenance organizations provide additional

  6         information to the Agency for Health Care

  7         Administration indicating quality of care;

  8         removing a requirement that organizations

  9         conduct customer satisfaction surveys; revising

10         requirements for preventive pediatric health

11         care provided by health maintenance

12         organizations; amending s. 641.58, F.S.;

13         providing for moneys in the Health Care Trust

14         Fund to be used for additional purposes;

15         providing an appropriation; providing an

16         effective date.

17

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

19

20         Section 1.  Paragraph (a) of subsection (5) of section

21  408.05, Florida Statutes, 1998 Supplement, is amended to read:

22         408.05  State Center for Health Statistics.--

23         (5)  PUBLICATIONS; REPORTS; SPECIAL STUDIES.--The

24  center shall provide for the widespread dissemination of data

25  which it collects and analyzes.  The center shall have the

26  following publication, reporting, and special study functions:

27         (a)  The center shall publish and make available

28  periodically to agencies and individuals health statistics

29  publications of general interest, including HMO report cards;

30  publications providing health statistics on topical health

31  policy issues;, publications that which provide health status

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    Florida Senate - 1999                  CS for SB's 2472 & 1892
    317-1997B-99




  1  profiles of the people in this state;, and other topical

  2  health statistics publications.

  3         Section 2.  Subsections (2) and (11) of section

  4  408.7056, Florida Statutes, 1998 Supplement, are amended to

  5  read:

  6         408.7056  Statewide Provider and Subscriber Assistance

  7  Program.--

  8         (2)  The agency shall adopt and implement a program to

  9  provide assistance to subscribers and providers, including

10  those whose grievances are not resolved by the managed care

11  entity to the satisfaction of the subscriber or provider. The

12  program shall consist of one or more panels that meet as often

13  as necessary to timely review, consider, and hear grievances

14  and recommend to the agency or the department any actions that

15  should be taken concerning individual cases heard by the

16  panel. The panel shall hear every grievance filed by

17  subscribers and providers on behalf of subscribers, unless the

18  grievance:

19         (a)  Relates to a managed care entity's refusal to

20  accept a provider into its network of providers;

21         (b)  Is part of an internal grievance in a Medicare

22  managed care entity or a reconsideration appeal through the

23  Medicare appeals process which does not involve a quality of

24  care issue;

25         (c)  Is related to a health plan not regulated by the

26  state such as an administrative services organization,

27  third-party administrator, or federal employee health benefit

28  program;

29         (d)  Is related to appeals by in-plan suppliers and

30  providers, unless related to quality of care provided by the

31  plan;

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    Florida Senate - 1999                  CS for SB's 2472 & 1892
    317-1997B-99




  1         (e)  Is part of a Medicaid fair hearing pursued under

  2  42 C.F.R. ss. 431.220 et seq.;

  3         (f)  Is the basis for an action pending in state or

  4  federal court;

  5         (g)  Is related to an appeal by nonparticipating

  6  providers, unless related to the quality of care provided to a

  7  subscriber by the managed care entity and the provider is

  8  involved in the care provided to the subscriber;

  9         (h)  Was filed before the subscriber or provider

10  completed the entire internal grievance procedure of the

11  managed care entity, the managed care entity has complied with

12  its timeframes for completing the internal grievance

13  procedure, and the circumstances described in subsection (6)

14  do not apply;

15         (i)  Has been resolved to the satisfaction of the

16  subscriber or provider who filed the grievance, unless the

17  managed care entity's initial action is egregious or may be

18  indicative of a pattern of inappropriate behavior;

19         (j)  Is limited to seeking damages for pain and

20  suffering, lost wages, or other incidental expenses, including

21  accrued interest on unpaid balances, court costs, and

22  transportation costs associated with a grievance procedure;

23         (k)  Is limited to issues involving conduct of a health

24  care provider or facility, staff member, or employee of a

25  managed care entity which constitute grounds for disciplinary

26  action by the appropriate professional licensing board and is

27  not indicative of a pattern of inappropriate behavior, and the

28  agency or department has reported these grievances to the

29  appropriate professional licensing board or to the health

30  facility regulation section of the agency for possible

31  investigation; or

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    Florida Senate - 1999                  CS for SB's 2472 & 1892
    317-1997B-99




  1         (l)  Is withdrawn by the subscriber or provider.

  2  Failure of the subscriber or the provider to attend the

  3  hearing shall be considered a withdrawal of the grievance.

  4         (11)  The panel shall consist of members employed by

  5  the agency and members employed by the department, chosen by

  6  their respective agencies; a consumer appointed by the

  7  Governor; a physician appointed by the Governor, as a standing

  8  member; and physicians who have expertise relevant to the case

  9  to be heard, on a rotating basis. The agency may contract with

10  a medical director and a primary care physician who shall

11  provide additional technical expertise to the panel.  The

12  medical director shall be selected from a health maintenance

13  organization with a current certificate of authority to

14  operate in Florida.

15         Section 3.  Present subsection (5) of section 627.6471,

16  Florida Statutes, is redesignated as subsection (6) and a new

17  subsection (5) is added to that section to read:

18         627.6471  Contracts for reduced rates of payment;

19  limitations; coinsurance and deductibles.--

20         (5)  Any policy issued under this section which

21  requires an insured to obtain a referral prior to receiving

22  services must conform to the requirements of s. 627.6472(16).

23         Section 4.  Subsection (36) is added to section 641.31,

24  Florida Statutes, 1998 Supplement, to read:

25         641.31  Health maintenance contracts.--

26         (36)(a)  Notwithstanding any other provision of this

27  part, a health maintenance organization that meets the

28  requirements of paragraph (b) may, through a point-of-service

29  rider to its contract providing comprehensive health care

30  services, include a point-of-service benefit. Under such a

31  rider, a subscriber or other covered person of the health

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    Florida Senate - 1999                  CS for SB's 2472 & 1892
    317-1997B-99




  1  maintenance organization may choose, at the time of covered

  2  service, a provider with whom the health maintenance

  3  organization does not have a health maintenance organization

  4  provider contract. The rider may not require a referral from

  5  the health maintenance organization for the point-of-service

  6  benefits.

  7         (b)  A health maintenance organization offering a

  8  point-of-service rider under this subsection must have a valid

  9  certificate of authority issued under the provisions of the

10  chapter, must have been licensed under this chapter for a

11  minimum of 3 years, and must at all times that it has riders

12  in effect maintain a minimum surplus of $5 million.

13         (c)  Premiums paid in for the point-of-service riders

14  may not exceed 15 percent of total premiums for all health

15  plan products sold by the health maintenance organization

16  offering the rider. If the premiums paid for point-of-service

17  riders exceed 15 percent, the health maintenance organization

18  must notify the department and, once this fact is known, must

19  immediately cease offering such a rider until it is in

20  compliance with the rider premium cap.

21         (d)  Notwithstanding the limitations of deductibles and

22  copayment provisions in this part, a point-of-service rider

23  may require the subscriber to pay a reasonable copayment for

24  each visit for services provided by a noncontracted provider

25  chosen at the time of the service. The copayment by the

26  subscriber may either be a specific dollar amount or a

27  percentage of the reimbursable provider charges covered by the

28  contract and must be paid by the subscriber to the

29  noncontracted provider upon receipt of covered services. The

30  point-of-service rider may require that a reasonable annual

31  deductible for the expenses associated with the

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    Florida Senate - 1999                  CS for SB's 2472 & 1892
    317-1997B-99




  1  point-of-service rider be met and may include a lifetime

  2  maximum benefit amount. The rider must include the language

  3  required by s. 627.6044 and must comply with copayment limits

  4  described in s. 627.6471. Section 641.315(2) and (3) does not

  5  apply to a point-of-service rider authorized under this

  6  subsection.

  7         (e)  The term "point of service" may not be used by a

  8  health maintenance organization except with riders permitted

  9  under this section or with forms approved by the department in

10  which a point-of-service product is offered with an indemnity

11  carrier.

12         (f)  A point-of-service rider must be filed and

13  approved under ss. 627.410 and 627.411.

14         Section 5.  Subsection (4) is added to section

15  641.3155, Florida Statutes, 1998 Supplement, to read:

16         641.3155  Provider contracts; payment of claims.--

17         (4)  Any retroactive reductions of payments or demands

18  for refund of previous overpayments which are due to

19  retroactive review-of-coverage decisions or payment levels

20  must be reconciled to specific claims unless the parties agree

21  to other reconciliation methods and terms. Any retroactive

22  demands by providers for payment due to underpayments or

23  nonpayments for covered services must be reconciled to

24  specific claims unless the parties agree to other

25  reconciliation methods and terms. The look-back period may be

26  specified by the terms of the contract.

27         Section 6.  The Director of the Agency for Health Care

28  Administration shall establish an advisory group composed of

29  eight members, with three members from health maintenance

30  organizations licensed in Florida, one representative from a

31  not-for-profit hospital, one representative from a for-profit

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    Florida Senate - 1999                  CS for SB's 2472 & 1892
    317-1997B-99




  1  hospital, one representative who is a licensed physician, one

  2  representative from the Office of the Insurance Commissioner,

  3  and one representative from the Agency for Health Care

  4  Administration. The advisory group shall study and make

  5  recommendations concerning:

  6         (1)  Trends and issues relating to legislative,

  7  regulatory, or private-sector solutions for timely and

  8  accurate submission and payment of health claims.

  9         (2)  Development of electronic billing and claims

10  processing for providers and health care facilities that

11  provide for electronic processing of eligibility requests;

12  benefit verification; authorizations; precertifications;

13  business expensing of assets, including software, used for

14  electronic billing and claims processing; and claims status,

15  including use of models such as those compatible with federal

16  billing systems.

17         (3)  The form and content of claims.

18         (4)  Measures to reduce fraud and abuse relating to the

19  submission and payment of claims.

20

21  The advisory group shall be appointed and convened by July 1,

22  1999, and shall meet in Tallahassee. Members of the advisory

23  group shall not receive per diem or travel reimbursement. The

24  advisory group shall submit its recommendations in a report,

25  by January 1, 2000, to the President of the Senate and the

26  Speaker of the House of Representatives.

27         Section 7.  Subsections (8), (9), and (10) of section

28  641.51, Florida Statutes, are amended to read:

29         641.51  Quality assurance program; second medical

30  opinion requirement.--

31

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    Florida Senate - 1999                  CS for SB's 2472 & 1892
    317-1997B-99




  1         (8)  Each organization shall release to the agency data

  2  that which are indicators of access and quality of care.  The

  3  agency shall develop rules specifying data-reporting

  4  requirements for these indicators.  The indicators shall

  5  include the following characteristics:

  6         (a)  They must relate to access and quality of care

  7  measures.

  8         (b)  They must be consistent with data collected

  9  pursuant to accreditation activities and standards.

10         (c)  They must be consistent with frequency

11  requirements under the accreditation process.

12         (d)  They must include measures of the management of

13  chronic diseases.

14         (e)  They must include preventive health care for

15  adults and children.

16         (f)  They must include measures of prenatal care.

17         (g)  They must include measures of health checkups for

18  children.

19

20  The agency shall develop by rule a uniform format for

21  publication of the data for the public which shall contain

22  explanations of the data collected and the relevance of such

23  data. The agency shall publish such data no less frequently

24  than every 2 years.

25         (9)  Each organization shall conduct a standardized

26  customer satisfaction survey, as developed by the agency by

27  rule, of its membership at intervals specified by the agency.

28  The survey shall be consistent with surveys required by

29  accrediting organizations and may contain up to 10 additional

30  questions based on concerns specific to Florida.  Survey data

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    Florida Senate - 1999                  CS for SB's 2472 & 1892
    317-1997B-99




  1  shall be submitted to the agency, which shall make comparative

  2  findings available to the public.

  3         (9)(10)  Each organization shall adopt recommendations

  4  for preventive pediatric health care which are consistent with

  5  the early periodic screening, diagnosis, and treatment

  6  requirements for health checkups for children developed for

  7  the Medicaid program.  Each organization shall establish goals

  8  to achieve 80-percent compliance by July 1, 1998, and

  9  90-percent compliance by July 1, 1999, for their enrolled

10  pediatric population.

11         Section 8.  Subsection (4) of section 641.58, Florida

12  Statutes, is amended to read:

13         641.58  Regulatory assessment; levy and amount; use of

14  funds; tax returns; penalty for failure to pay.--

15         (4)  The moneys so received and deposited into the

16  Health Care Trust Fund shall be used to defray the expenses of

17  the agency in the discharge of its administrative and

18  regulatory powers and duties under this part, including

19  conducting an annual survey of the satisfaction of members of

20  health maintenance organizations; contracting with physician

21  consultants for the Statewide Provider and Subscriber

22  Assistance Panel; the maintaining of offices and necessary

23  supplies, essential equipment, and other materials, salaries

24  and expenses of required personnel;, and discharging all other

25  legitimate expenses relating to the discharge of the

26  administrative and regulatory powers and duties imposed under

27  this such part.

28         Section 9.  There is appropriated to the Agency for

29  Health Care Administration for fiscal year 1999-2000

30  $1,439,000 from the Health Care Trust Fund for 12 months of

31  funding for the purpose of implementing this act.

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    Florida Senate - 1999                  CS for SB's 2472 & 1892
    317-1997B-99




  1         Section 10.  This act shall take effect upon becoming a

  2  law.

  3

  4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  5                        SB's 2472 and 1892

  6

  7  Adds to the responsibilities of the State Center for Health
    Statistics within AHCA publication of health maintenance
  8  organization report cards.

  9  Designates the Governor to appoint the consumer member and the
    physician member added to the Statewide Provider and
10  Subscriber Assistance Panel.

11  Deletes a revision to current law that would have required the
    Agency for Health Care Administration or the Department of
12  Insurance to adopt the recommendations of the Statewide
    Provider and Subscriber Assistance Panel in a final order
13  rather than a proposed order.

14  Provides that preferred provider organization policies that
    require a referral must conform to exclusive provider
15  organization policy requirements.

16  Authorizes health maintenance organizations to offer
    point-of-service benefits through a point-of-service rider to
17  their comprehensive health care services contracts. Provides
    restrictions and limitations on such riders. Requires $5
18  million surplus to cover riders and authorizes copayments and
    deductibles for point-of-service benefit riders.
19
    Requires that retroactive payment demands by a health
20  maintenance organization or a provider be reconciled to
    specific claims, and provides for the contract to specify the
21  look-back period.

22  Directs the Director of the Agency for Health Care
    Administration to establish an advisory group to study and
23  make recommendations relating to claims payment; deletes the
    provisions establishing and providing for funding of the
24  Health Care Information Council; and provides an appropriation
    of $1,439,000 from the Health Care Trust Fund to the Agency
25  for Health Care Administration for Fiscal Year 1999-2000.

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