Senate Bill 2132

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    Florida Senate - 2000                                  SB 2132

    By Senator Lee





    23-737B-00

  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; providing

  7         for the agency head to be the Secretary of

  8         Health Care Administration; revising duties of

  9         the agency; deleting references to deputy

10         directors; requiring a study of quality

11         performance indicators; requiring a report;

12         providing for rules; amending s. 440.134, F.S.;

13         providing for fines for certain insurers

14         providing workers' compensation without agency

15         authorization; providing an effective date.

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

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19         Section 1.  Section 20.42, Florida Statutes, is amended

20  to read:

21         20.42  Agency for Health Care Administration.--There is

22  created a department called the Department of the Agency for

23  Health Care Administration within the Department of Business

24  and Professional Regulation. The agency shall be a separate

25  budget entity, and the director of the agency shall be the

26  agency head for all purposes. The agency shall not be subject

27  to control, supervision, or direction by the Department of

28  Business and Professional Regulation in any manner, including,

29  but not limited to, personnel, purchasing, transactions

30  involving real or personal property, and budgetary matters.

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    Florida Senate - 2000                                  SB 2132
    23-737B-00




  1         (1)  DIRECTOR OF HEALTH CARE ADMINISTRATION.--The head

  2  of the department agency is the Secretary for Director of

  3  Health Care Administration, who shall be appointed by the

  4  Governor. The secretary director shall serve at the pleasure

  5  of and report to the Governor, subject to confirmation by the

  6  Senate. The requirement for Senate confirmation applies to any

  7  person appointed on or after October 1, 1999.

  8         (2)  ORGANIZATION OF THE AGENCY.--The department is

  9  agency shall be organized as follows:

10         (a)  The Division of Health Quality Assurance, which

11  shall be responsible for health facility licensure and

12  inspection, consumer protection, certificates of need, health

13  facility cost regulation, investigation of consumer

14  complaints, and any other duty prescribed by statute or

15  agreement. The department is responsible for health

16  statistics, health policy and planning, workers' compensation

17  medical-related functions, managed care, the Medicaid program,

18  the Florida Healthy Kids Corporation, and the Florida Health

19  Access Corporation program.

20         (b)  The Division of Health Policy and Cost Control,

21  which shall be responsible for health policy, the State Center

22  for Health Statistics, the development of The Florida Health

23  Plan, certificate of need, state and local health planning

24  under s. 408.033, and research and analysis.

25         (c)  The Division of State Health Purchasing shall be

26  responsible for the Medicaid program. The division shall also

27  administer the contracts with the Florida Health Access

28  Corporation program and the Florida Health Care Purchasing

29  Cooperative and the Florida Healthy Kids Corporation.

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    Florida Senate - 2000                                  SB 2132
    23-737B-00




  1         (d)  The Division of Administrative Services, which

  2  shall be responsible for revenue management, budget,

  3  personnel, and general services.

  4         (3)  The secretary, for the department, shall

  5  administer the affairs of the department and may allocate its

  6  human resources and technological resources as necessary to

  7  discharge the powers and duties of the department.

  8         (3)  DEPUTY DIRECTOR FOR HEALTH QUALITY ASSURANCE.--The

  9  director shall appoint a Deputy Director for Health Quality

10  Assurance who shall serve at the pleasure of, and be directly

11  responsible to, the director. The Deputy Director for Health

12  Quality Assurance shall be responsible for the Division of

13  Health Quality Assurance.

14         (4)  DEPUTY DIRECTOR FOR HEALTH POLICY AND COST

15  CONTROL.--The director shall appoint a Deputy Director for

16  Health Policy and Cost Control who shall serve at the pleasure

17  of, and be directly responsible to, the director. The Deputy

18  Director for Health Policy and Cost Control shall be

19  responsible for the Division of Health Policy and Cost

20  Control.

21         (5)  DEPUTY DIRECTOR FOR STATE HEALTH PURCHASING.--The

22  director shall appoint a Deputy Director for State Health

23  Purchasing who shall serve at the pleasure of, and be directly

24  responsible to, the director. The Deputy Director for State

25  Health Purchasing shall be responsible for the Division of

26  State Health Purchasing.

27         (6)  DEPUTY DIRECTOR OF ADMINISTRATIVE SERVICES.--The

28  director shall appoint a Deputy Director of Administrative

29  Services who shall serve at the pleasure of, and be directly

30  responsible to, the director. The deputy director shall be

31  responsible for the Division of Administrative Services.

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    Florida Senate - 2000                                  SB 2132
    23-737B-00




  1         Section 2.  The Department of the Agency for Health

  2  Care Administration shall conduct a study in conjunction with

  3  all stakeholders to identify quality performance indicators,

  4  including, but not limited to, structure, outcomes, and

  5  process, and the cost of implementing a quality performance

  6  measurement program. The department may collect data necessary

  7  to conduct the study and implement the workers' compensation

  8  medical performance measurement program. The department shall

  9  adopt rules to implement the workers' compensation medical

10  performance measurement program. The department shall report

11  the study findings to the Legislature by July 1, 2001.

12         Section 3.  Present subsections (23)-(25) of section

13  440.134, Florida Statutes, are renumbered as subsections

14  (24)-(26), respectively, and a new subsection (23) is added to

15  that section, to read:

16         440.134  Workers' compensation managed care

17  arrangement.--

18         (23)  Any insurer that provides workers' compensation

19  medical services to employees injured after January 1, 1997,

20  and that has not obtained authorization for a workers'

21  compensation managed care arrangement and therefore is in

22  violation of paragraph (2)(b) is subject to a fine by the

23  agency in accordance with this section. With respect to any

24  nonwillful violation, such fine may not exceed $2,500 a day.

25  In no event may such fine exceed an aggregate amount of

26  $10,000 for all nonwillful violations arising out of the same

27  action. With respect to any knowing and willful violation, the

28  agency may impose a fine on the insurer in an amount not to

29  exceed $20,000 a day. In no event may such fine exceed an

30  aggregate amount of $100,000 for all knowing and willful

31  violations arising out of the same action.

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    Florida Senate - 2000                                  SB 2132
    23-737B-00




  1         Section 4.  All powers, duties, functions, rules,

  2  records, personnel, property, and unexpended balances of

  3  appropriations, allocations, and other funds of the Division

  4  of Workers' Compensation related to medical services and

  5  supplies, dispute resolution, and medical data reporting

  6  requirements, as established in chapter 440, Florida Statutes,

  7  are transferred by a type two transfer, as defined in section

  8  20.06, Florida Statutes, to the Agency for Health Care

  9  Administration.

10         Section 5.  This act shall take effect October 1, 2000.

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12            *****************************************

13                          SENATE SUMMARY

14    Reorganizes the Agency for Health Care Administration so
      that it is no longer under the Department of Business and
15    Professional Regulation and renames it the Department of
      the Agency for Health Care Administration. Changes the
16    agency head to a Secretary of Health Care Administration.
      Transfers to the agency those duties of the Division of
17    Workers' Compensation relating to medical services and
      supplies, dispute resolution, and medical data reporting
18    requirements. Requires the agency to conduct a study of
      quality performance indicators. Provides for fines for
19    certain insurers providing workers' compensation coverage
      who have not obtained authorization for managed care
20    arrangements.

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