House Bill 2037
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Florida House of Representatives - 2000 HB 2037
By Representative Farkas
1 A bill to be entitled
2 An act relating to the Agency for Health Care
3 Administration; amending s. 20.42, F.S.;
4 renaming and reorganizing the agency and
5 removing it from under the Department of
6 Business and Professional Regulation; creating
7 the Department of Agency for Health Care
8 Administration, also to be known as the Agency
9 for Health Care Administration; providing for
10 appointment of the Secretary for Health Care
11 Administration by the Governor, subject to
12 confirmation by the Senate; providing for
13 responsibilities and administration of the
14 department; transferring all powers, duties and
15 functions, and funds of the Agency for Health
16 Care Administration of the Department of
17 Business and Professional Regulation to the
18 Department of Agency for Health Care
19 Administration; amending s. 440.134, F.S.;
20 providing exclusive jurisdiction of the
21 Department of Agency for Health Care
22 Administration over workers' compensation
23 managed care arrangements and investigations
24 regarding medical services provided under such
25 arrangements; providing for certain transfer of
26 positions and funds from the Department of
27 Labor and Employment Security; providing an
28 effective date.
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30 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Section 20.42, Florida Statutes, is amended
2 to read:
3 20.42 Agency for Health Care Administration.--There is
4 created the Department of Agency for Health Care
5 Administration, also to be known as the Agency for Health Care
6 Administration within the Department of Business and
7 Professional Regulation. The agency shall be a separate budget
8 entity, and the director of the agency shall be the agency
9 head for all purposes. The agency shall not be subject to
10 control, supervision, or direction by the Department of
11 Business and Professional Regulation in any manner, including,
12 but not limited to, personnel, purchasing, transactions
13 involving real or personal property, and budgetary matters.
14 (1) DIRECTOR OF HEALTH CARE ADMINISTRATION.--The head
15 of the department agency is the Secretary for Director of
16 Health Care Administration, who shall be appointed by the
17 Governor. The secretary director shall serve at the pleasure
18 of and report to the Governor, subject to confirmation by the
19 Senate. The requirement for Senate confirmation applies to any
20 person appointed on or after October 1, 1999.
21 (2) ORGANIZATION OF THE AGENCY.--The department is
22 agency shall be organized as follows:
23 (a) The Division of Health Quality Assurance, which
24 shall be responsible for health facility licensure and
25 inspection, consumer protection, certificates of need, health
26 facility cost regulation, investigation of consumer
27 complaints, and any other duty prescribed by statute or
28 agreement. The department is responsible for health
29 statistics, health policy and planning, workers' compensation
30 medical-related functions, managed care, the Medicaid program,
31 and the Florida Healthy Kids Corporation.
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1 (b) The Division of Health Policy and Cost Control,
2 which shall be responsible for health policy, the State Center
3 for Health Statistics, the development of The Florida Health
4 Plan, certificate of need, state and local health planning
5 under s. 408.033, and research and analysis.
6 (c) The Division of State Health Purchasing shall be
7 responsible for the Medicaid program. The division shall also
8 administer the contracts with the Florida Health Access
9 Corporation program and the Florida Health Care Purchasing
10 Cooperative and the Florida Healthy Kids Corporation.
11 (d) The Division of Administrative Services, which
12 shall be responsible for revenue management, budget,
13 personnel, and general services.
14 (3) The secretary, for the department, shall
15 administer the affairs of the department and may allocate its
16 human resources and technological resources as necessary to
17 discharge the powers and duties of the department.
18 (3) DEPUTY DIRECTOR FOR HEALTH QUALITY ASSURANCE.--The
19 director shall appoint a Deputy Director for Health Quality
20 Assurance who shall serve at the pleasure of, and be directly
21 responsible to, the director. The Deputy Director for Health
22 Quality Assurance shall be responsible for the Division of
23 Health Quality Assurance.
24 (4) DEPUTY DIRECTOR FOR HEALTH POLICY AND COST
25 CONTROL.--The director shall appoint a Deputy Director for
26 Health Policy and Cost Control who shall serve at the pleasure
27 of, and be directly responsible to, the director. The Deputy
28 Director for Health Policy and Cost Control shall be
29 responsible for the Division of Health Policy and Cost
30 Control.
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1 (5) DEPUTY DIRECTOR FOR STATE HEALTH PURCHASING.--The
2 director shall appoint a Deputy Director for State Health
3 Purchasing who shall serve at the pleasure of, and be directly
4 responsible to, the director. The Deputy Director for State
5 Health Purchasing shall be responsible for the Division of
6 State Health Purchasing.
7 (6) DEPUTY DIRECTOR OF ADMINISTRATIVE SERVICES.--The
8 director shall appoint a Deputy Director of Administrative
9 Services who shall serve at the pleasure of, and be directly
10 responsible to, the director. The deputy director shall be
11 responsible for the Division of Administrative Services.
12 Section 2. All powers, duties and functions, rules,
13 records, personnel, property, and unexpended balances of
14 appropriations, allocations, or other funds of the Agency for
15 Health Care Administration within the Department of Business
16 and Professional Regulation are transferred by a type one
17 transfer, as defined in s. 20.06(1), Florida Statutes, to the
18 Department of Agency for Health Care Administration, as
19 created by this act.
20 Section 3. Subsection (18) of section 440.134, Florida
21 Statutes, is amended to read:
22 440.134 Workers' compensation managed care
23 arrangement.--
24 (18) The agency shall have exclusive jurisdiction over
25 workers' compensation managed care arrangements and to
26 investigate the quality of medical services provided by a
27 workers' compensation managed care arrangement. The agency may
28 suspend the authority of an insurer to offer a workers'
29 compensation managed care arrangement or order compliance
30 within 60 days, if it finds that:
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1 (a) The insurer is in substantial violation of its
2 contracts;
3 (b) The insurer is unable to fulfill its obligations
4 under outstanding contracts entered into with its employers;
5 (c) The insurer knowingly utilizes a provider who is
6 furnishing or has furnished health care services and who does
7 not have an existing license or other authority to practice or
8 furnish health care services in this state;
9 (d) The insurer no longer meets the requirements for
10 the authorization as originally issued; or
11 (e) The insurer has violated any lawful rule or order
12 of the agency or any provision of this section.
13 Section 4. Effective October 1, 2000, 20
14 full-time-equivalent positions and $686,835 in salaries and
15 benefits, and $135,138 in expenses, are transferred by a type
16 two transfer, as defined in s. 20.06(2), Florida Statutes,
17 from the Workers' Compensation Administrative Trust Fund of
18 the Department of Labor and Employment Security to the Agency
19 for Health Care Administration to carry out the agency's
20 responsibilities under s. 440.134, Florida Statutes, relating
21 to workers' compensation managed care arrangements.
22 Section 5. This act shall take effect October 1, 2000.
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2 HOUSE SUMMARY
3
Creates the Department of Agency for Health Care
4 Administration, also to be known as the Agency for Health
Care Administration. Transfers the Agency for Health Care
5 Administration of the Department of Business and
Professional Regulation to the new department. Provides
6 for appointment of the Secretary for Health Care
Administration by the Governor, subject to confirmation
7 by the Senate. Provides for administration and
responsibilities of the department. Provides exclusive
8 jurisdiction of the department over workers' compensation
managed care arrangements and investigations regarding
9 medical services provided under such arrangements.
Provides for transfer of 20 positions, and funds for
10 salaries, benefits, and expenses, from the Workers'
Compensation Administrative Trust Fund of the Department
11 of Labor and Employment Security to the department to
carry out the department's responsibilities relating to
12 workers' compensation managed care arrangements.
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