Senate Bill 1534

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    Florida Senate - 2000                                  SB 1534

    By Senator Geller





    29-1587-00

  1                      A bill to be entitled

  2         An act relating to health care; amending s.

  3         408.7056, F.S.; modifying grievance procedures

  4         for a managed care entity, subscriber, or

  5         provider; authorizing administrative law judges

  6         to order a subscriber or provider to pay costs

  7         and attorney's fees for participating in a

  8         proceeding for an improper purpose; amending s.

  9         641.19, F.S.; defining the term

10         "health-care-risk contract"; amending s.

11         641.201, F.S.; providing applicability of the

12         Florida Insurance Code to health maintenance

13         organizations; amending s. 641.234, F.S.;

14         providing conditions under which the Department

15         of Insurance may order a health maintenance

16         organization to cancel a contract; amending s.

17         641.26, F.S.; requiring a health maintenance

18         organization's annual report to contain a

19         certification of specified facts by an

20         independent actuary; requiring an annual

21         summary of all contracts with entities who have

22         assumed a specified portion of the health care

23         risk of a health maintenance organization;

24         amending s. 641.27, F.S.; providing for payment

25         by a health maintenance organization of fees to

26         outside examiners appointed by the Department

27         of Insurance; amending s. 641.35, F.S.;

28         specifying certain liabilities to be charged

29         against a health maintenance organization when

30         making a determination of its financial

31         condition; providing for application of federal

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    Florida Senate - 2000                                  SB 1534
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  1         solvency requirements to provider-sponsored

  2         organizations; providing that a health

  3         maintenance organization is ultimately liable

  4         to a provider for authorized services provided

  5         to subscribers; prohibiting the solicitation or

  6         acceptance of contracts by insolvent or

  7         impaired health maintenance organizations;

  8         providing a criminal penalty; providing that

  9         part IV of ch. 628, F.S., applies to health

10         maintenance organizations; repealing s.

11         641.2342, F.S., relating to contract providers

12         providing more than 10 percent of the health

13         care risks of a health maintenance

14         organization; providing an effective date.

15

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

17

18         Section 1.  Subsections (8) and (14) of section

19  408.7056, Florida Statutes, are amended to read:

20         408.7056  Statewide Provider and Subscriber Assistance

21  Program.--

22         (8)  A managed care entity, subscriber, or provider

23  that is affected by a panel recommendation may within 10 days

24  after receipt of the panel's recommendation, or 72 hours after

25  receipt of a recommendation in an expedited grievance, furnish

26  to the agency or department written evidence in opposition to

27  the recommendation or findings of fact of the panel, and may

28  request that the panel grant a rehearing of the grievance.

29         (14)  A proposed order issued by the agency or

30  department which only requires the managed care entity to take

31  a specific action under subsection (7) is subject to a summary

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    Florida Senate - 2000                                  SB 1534
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  1  hearing in accordance with s. 120.574, at the request of the

  2  managed care entity, subscriber, or provider, unless all of

  3  the parties agree otherwise. If the managed care entity does

  4  not prevail at the hearing, the managed care entity must pay

  5  reasonable costs and attorney's fees of the agency or the

  6  department incurred in that proceeding. If an administrative

  7  law judge of the Division of Administrative Hearings

  8  determines that a subscriber or provider participated in a

  9  proceeding for an improper purpose as described in s. 120.595,

10  the administrative law judge may order the subscriber or

11  provider to pay reasonable costs and attorney's fees incurred

12  by the agency or department during that proceeding.

13         Section 2.  Present subsections (12) through (21) of

14  section 641.19, Florida Statutes, are redesignated as

15  subsections (13) through (22), respectively, and a new

16  subsection (12) is added to that section to read:

17         641.19  Definitions.--As used in this part, the term:

18         (12)  "Health care risk contract" means a contract

19  under which a person assumes, through capitation or other

20  means, the health care risk of a health maintenance

21  organization.

22         Section 3.  Section 641.201, Florida Statutes, is

23  amended to read:

24         641.201  Applicability of other laws.--Except as

25  provided in this part, health maintenance organizations shall

26  be governed by the provisions of this part and part III of

27  this chapter and shall be exempt from all other provisions of

28  the Florida Insurance Code except those provisions of the

29  Florida Insurance Code that are explicitly made applicable to

30  health maintenance organizations.

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  1         Section 4.  Section 641.234, Florida Statutes, is

  2  amended to read:

  3         641.234  Administrative, provider, and management

  4  contracts.--

  5         (1)  The department may require a health maintenance

  6  organization to submit any contract for administrative

  7  services, contract with a provider other than an individual

  8  physician, contract for management services, and contract with

  9  an affiliated entity to the department.

10         (2)  After review of a contract the department may

11  order the health maintenance organization to cancel the

12  contract in accordance with the terms of the contract and

13  applicable law if it determines:

14         (a)  That the fees to be paid by the health maintenance

15  organization under the contract are so unreasonably high as

16  compared with similar contracts entered into by the health

17  maintenance organization or as compared with similar contracts

18  entered into by other health maintenance organizations in

19  similar circumstances that the contract is detrimental to the

20  subscribers, stockholders, investors, or creditors of the

21  health maintenance organization;.

22         (b)  That the proposed contract is with an entity that

23  is not licensed under state statutes and is in good standing

24  with the applicable regulatory agency; or

25         (c)  That the proposed contract is with an entity that

26  does not have the expertise or financial capacity to fulfill

27  the terms of the contract.

28         (3)  If the health maintenance organization enters into

29  a contract with an intermediary organization, the contract

30  must include a provision stating that the health maintenance

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    Florida Senate - 2000                                  SB 1534
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  1  organization remains liable if the intermediary organization

  2  fails to pay provider claims.

  3         (4)(3)  All contracts for administrative services,

  4  management services, provider services other than individual

  5  physician contracts, and with affiliated entities entered into

  6  or renewed by a health maintenance organization on or after

  7  October 1, 1988, shall contain a provision that the contract

  8  shall be canceled upon issuance of an order by the department

  9  pursuant to this section.

10         Section 5.  Paragraph (f) of subsection (1) of section

11  641.26, Florida Statutes, is amended, and subsection (9) is

12  added to that section to read:

13         641.26  Annual report.--

14         (1)  Every health maintenance organization shall,

15  annually within 3 months after the end of its fiscal year, or

16  within an extension of time therefor as the department, for

17  good cause, may grant, in a form prescribed by the department,

18  file a report with the department, verified by the oath of two

19  officers of the organization or, if not a corporation, of two

20  persons who are principal managing directors of the affairs of

21  the organization, properly notarized, showing its condition on

22  the last day of the immediately preceding reporting period.

23  Such report shall include:

24         (f)  An independent actuarial certification that:

25         1.  The health maintenance organization is actuarially

26  sound, which certification shall consider the rates, benefits,

27  and expenses of, and any other funds available for the payment

28  of obligations of, the organization.

29         2.  The rates being charged or to be charged are

30  actuarially adequate to the end of the period for which rates

31  have been guaranteed.

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  1         3.  Incurred but not reported claims and claims

  2  reported but not fully paid have been adequately provided for,

  3  including claims arising for services provided to subscribers

  4  when these services are provided under health-care-risk

  5  contracts, unless the obligations under such contracts are

  6  secured by a financial instrument acceptable to the

  7  department. Such instrument must be certified as complying

  8  with the requirements of this paragraph unless the contract is

  9  limited to services provided by such provider under the scope

10  of that provider's license.

11         (9)  Each health maintenance organization shall

12  annually report, in a format prescribed in rule by the

13  department, a summary of all contracts with entities that have

14  assumed more than 1 percent of the health care risk of the

15  health maintenance organization.

16         Section 6.  Subsection (2) of section 641.27, Florida

17  Statutes, is amended to read:

18         641.27  Examination by the department.--

19         (2)  The department may contract, at reasonable fees

20  for work performed, with qualified, impartial outside sources

21  to perform audits or examinations or portions thereof

22  pertaining to the qualification of an entity for issuance of a

23  certificate of authority or to determine continued compliance

24  with the requirements of this part, in which case the payment

25  must be made, directly to the contracted examiner by the

26  health maintenance organization examined, in accordance with

27  the rates and terms agreed to by the department and the

28  examiner. Any contracted assistance shall be under the direct

29  supervision of the department.  The results of any contracted

30  assistance shall be subject to the review of, and approval,

31  disapproval, or modification by, the department.

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

  2  641.35, Florida Statutes, is amended to read:

  3         641.35  Assets, liabilities, and investments.--

  4         (3)  LIABILITIES.--In any determination of the

  5  financial condition of a health maintenance organization,

  6  liabilities to be charged against its assets shall include:

  7         (a)  The amount, estimated consistently with the

  8  provisions of this part, necessary to pay all of its unpaid

  9  losses and claims incurred for or on behalf of a subscriber,

10  on or prior to the end of the reporting period, whether

11  reported or unreported, including claims arising for services

12  provided to subscribers under health-care-risk contracts

13  unless the obligations under such contracts are secured by a

14  financial instrument acceptable to the department or the

15  contract is limited to services provided by such provider

16  under the scope of that provider's license.

17         Section 8.  Application of federal solvency

18  requirements to provider-sponsored organizations.--The

19  solvency requirements of sections 1855 and 1856 of the

20  Balanced Budget Act of 1997 and rules adopted by the Secretary

21  of the United States Department of Health and Human Services

22  apply to a health maintenance organization that is a

23  provider-sponsored organization rather than the solvency

24  requirements of part I of chapter 64, Florida Statutes.

25  However, if the provider-sponsored organization does not meet

26  the solvency requirements of this part, the organization is

27  limited to the issuance of Medicare+Choice plans to eligible

28  individuals. For the purposes of this section, the terms

29  "Medicare+Choice plans," "provider-sponsored organizations,"

30  and "solvency requirements" have the same meaning as defined

31  in the federal act and federal rules and regulations.

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  1         Section 9.  A health maintenance organization,

  2  regardless of the terms of any health-care-risk contracts,

  3  remains ultimately liable to any provider that provides

  4  authorized services to the health maintenance organization's

  5  subscribers.

  6         Section 10.  Soliciting or accepting new or renewal

  7  health maintenance contracts by insolvent or impaired health

  8  maintenance organization prohibited; penalty.--

  9         (1)  Whether or not delinquency proceedings as to a

10  health maintenance organization have been or are to be

11  initiated, but while such insolvency or impairment exists, a

12  director or officer of a health maintenance organization,

13  except with the written permission of the Department of

14  Insurance, may not authorize or permit the health maintenance

15  organization to solicit or accept new or renewal health

16  maintenance contracts in this state after the director or

17  officer knew, or reasonably should have known, that the health

18  maintenance organization was insolvent or impaired. As used in

19  this section, the term "impaired" includes impairment for

20  capital or surplus, as defined in section 641.225, Florida

21  Statutes.

22         (2)  Any director or officer who violates this section

23  is guilty of a felony of the third degree, punishable as

24  provided in section 775.082, section 775.083, or section

25  775.084, Florida Statutes.

26         Section 11.  Insurance holding companies.--Part IV of

27  chapter 628, Florida Statutes, applies to health maintenance

28  organizations licensed under part I of chapter 641, Florida

29  Statutes.

30         Section 12.  Section 641.2342, Florida Statutes, is

31  repealed.

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    Florida Senate - 2000                                  SB 1534
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  1         Section 13.  This act shall take effect July 1, 2000.

  2

  3            *****************************************

  4                          SENATE SUMMARY

  5    Substantially modifies provisions relating to health
      maintenance organizations. Modifies grievance procedures
  6    for a managed care entity, subscriber, or provider.
      Authorizes administrative law judges to order a
  7    subscriber or provider to pay costs and attorney's fees
      for participating in a proceeding for an improper
  8    purpose. Provides a definition. Provides for
      applicability of the Florida Insurance Code to health
  9    maintenance organizations. Provides conditions under
      which the Department of Insurance may order a health
10    maintenance organization to cancel a contract. Requires a
      health maintenance organization's annual report to
11    contain a certification of specified facts by an
      independent actuary. Requires an annual summary of all
12    contracts with entities who have assumed more than 1
      percent of the health care risk of a health maintenance
13    organization. Provides for payment by health maintenance
      organization of fees to outside examiners appointed by
14    the Department of Insurance. Specifies certain
      liabilities to be charged against a health maintenance
15    organization when making a determination of its financial
      condition. Provides for application of federal solvency
16    requirements to provider-sponsored organizations.
      Provides that a health maintenance organization is
17    ultimately liable to a provider for authorized services.
      Modifies grievance procedures for a managed care entity,
18    subscriber, or provider. Authorizes administrative law
      judges to order a subscriber or provider to pay costs and
19    attorney's fees for participating in a proceeding for an
      improper purpose. Provides for applicability of the
20    Florida Insurance Code to health maintenance
      organizations. Provides conditions under which the
21    Department of Insurance may order a health maintenance
      organization to cancel a contract. Requires a health
22    maintenance organization's annual report to contain a
      certification of specified facts by an independent
23    actuary. Prohibits solicitation of acceptance of
      contracts by insolvent or impaired health maintenance
24    organizations. Provides a criminal penalty. Provides that
      part IV of ch. 628, F.S., applies to health maintenance
25    organizations. Repeals s. 641.2342, F.S., relating to
      contract providers providing more than 10 percent of the
26    health care risks of a health maintenance organization.

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