Senate Bill 2154c3
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    Florida Senate - 2000  CS for CS for CS for SB 2154, CS for SB
                                                     1900 & SB 282
    By the Committees on Fiscal Policy; Health, Aging and
    Long-Term Care; Banking and Insurance; and Senators Latvala,
    Brown-Waite, Silver, Geller, Campbell, Kurth, Mitchell, Dawson
    and Klein
    309-2227A-00
  1                      A bill to be entitled
  2         An act relating to health care; providing a
  3         short title; amending s. 395.701, F.S.;
  4         reducing an assessment against hospitals for
  5         outpatient services; amending s. 395.7015,
  6         F.S.; reducing an assessment against certain
  7         health care entities; amending s. 408.904,
  8         F.S.; increasing benefits for certain persons
  9         who receive hospital outpatient services;
10         amending s. 408.905, F.S.; increasing benefits
11         furnished by Medicaid providers to recipients
12         of hospital outpatient services; amending s.
13         905.908, F.S.; increasing reimbursement to
14         hospitals for outpatient care; amending s.
15         409.912, F.S.; providing for a contract with
16         and reimbursement of an entity in Pasco or
17         Pinellas County that provides in-home physician
18         services to Medicaid recipients with
19         degenerative neurological diseases; providing
20         for future repeal; providing appropriations;
21         amending s. 400.471, F.S.; deleting the
22         certificate-of-need requirement for licensure
23         of Medicare-certified home health agencies;
24         amending s. 408.032, F.S.; adding definitions
25         of "exemption" and "mental health services";
26         revising the term "health service"; deleting
27         the definitions of "home health agency,"
28         "institutional health service," "intermediate
29         care facility," "multifacility project," and
30         "respite care"; amending s. 408.033, F.S.;
31         deleting references to the state health plan;
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    Florida Senate - 2000  CS for CS for CS for SB 2154, CS for SB
                                                     1900 & SB 282
    309-2227A-00
  1         amending s. 408.034, F.S.; deleting a reference
  2         to licensing of home health agencies by the
  3         Agency for Health Care Administration; amending
  4         s. 408.035, F.S.; deleting obsolete
  5         certificate-of-need review criteria and
  6         revising other criteria; amending s. 408.036,
  7         F.S.; revising provisions relating to projects
  8         subject to review; deleting references to
  9         Medicare-certified home health agencies;
10         deleting the review of certain acquisitions;
11         specifying the types of bed increases subject
12         to review; deleting cost overruns from review;
13         deleting review of combinations or division of
14         nursing home certificates of need; providing
15         for expedited review of certain conversions of
16         licensed hospital beds; deleting the
17         requirement for an exemption for initiation or
18         expansion of obstetric services, provision of
19         respite care services, establishment of a
20         Medicare-certified home health agency, or
21         provision of a health service exclusively on an
22         outpatient basis; providing exemptions for
23         combinations or divisions of nursing home
24         certificates of need and additions of certain
25         hospital beds and nursing home beds within
26         specified limitations; requiring a fee for each
27         request for exemption; amending s. 408.037,
28         F.S.; deleting reference to the state health
29         plan; amending ss. 408.038, 408.039, 408.044,
30         and 408.045, F.S.; replacing "department" with
31         "agency"; clarifying the opportunity to
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                                                     1900 & SB 282
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  1         challenge an intended award of a certificate of
  2         need; amending s. 408.040, F.S.; deleting an
  3         obsolete reference; revising the format of
  4         conditions related to Medicaid; creating a
  5         certificate-of-need workgroup within the Agency
  6         for Health Care Administration; providing for
  7         expenses; providing membership, duties, and
  8         meetings; providing for termination; amending
  9         s. 651.118, F.S.; excluding a specified number
10         of beds from a time limit imposed on extension
11         of authorization for continuing care
12         residential community providers to use
13         sheltered beds for nonresidents; requiring a
14         facility to report such use after the
15         expiration of the extension; repealing s.
16         400.464(3), F.S., relating to home health
17         agency licenses provided to certificate-of-need
18         exempt entities; providing applicability;
19         reducing the allocation of funds and positions
20         from the Health Care Trust Fund in the Agency
21         for Health Care Administration; amending s.
22         216.136, F.S.; creating the Mandated Health
23         Insurance Benefits and Providers Estimating
24         Conference; providing for membership and duties
25         of the conference; providing duties of
26         legislative committees that have jurisdiction
27         over health insurance matters; amending s.
28         624.215, F.S.; providing that certain
29         legislative proposals must be submitted to and
30         assessed by the conference, rather than the
31         Agency for Health Care Administration; amending
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                                                     1900 & SB 282
    309-2227A-00
  1         guidelines for assessing the impact of a
  2         proposal to legislatively mandate certain
  3         health coverage; providing prerequisites to
  4         legislative consideration of such proposals;
  5         requiring physicians and hospitals to post a
  6         sign and provide a statement informing patients
  7         about the toll-free health care hotline;
  8         amending s. 408.7056, F.S.; providing
  9         additional definitions for the Statewide
10         Provider and Subscriber Assistance Program;
11         amending s. 627.654, F.S.; providing for
12         insuring small employers under policies issued
13         to small employer health alliances; providing
14         requirements for participation; providing
15         limitations; providing for insuring spouses and
16         dependent children; allowing a single master
17         policy to include alternative health plans;
18         amending s. 627.6571, F.S.; including small
19         employer health alliances within policy
20         nonrenewal or discontinuance, coverage
21         modification, and application provisions;
22         amending s. 627.6699, F.S.; revising
23         restrictions relating to premium rates to
24         authorize small employer carriers to modify
25         rates under certain circumstances and to
26         authorize carriers to issue group health
27         insurance policies to small employer health
28         alliances under certain circumstances;
29         requiring carriers issuing a policy to an
30         alliance to allow appointed agents to sell such
31         a policy; amending ss. 240.2995, 240.2996,
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    Florida Senate - 2000  CS for CS for CS for SB 2154, CS for SB
                                                     1900 & SB 282
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  1         240.512, 381.0406, 395.3035, and 627.4301,
  2         F.S.; conforming cross-references; defining the
  3         term "managed care"; repealing ss. 408.70(3),
  4         408.701, 408.702, 408.703, 408.704, 408.7041,
  5         408.7042, 408.7045, 408.7055, and 408.706,
  6         F.S., relating to community health purchasing
  7         alliances; amending s. 627.6699, F.S.;
  8         modifying definitions; requiring small employer
  9         carriers to begin to offer and issue all small
10         employer benefit plans on a specified date;
11         deleting the requirement that basic and
12         standard small employer health benefit plans be
13         issued; providing additional requirements for
14         determining premium rates for benefit plans;
15         providing for applicability of the act to plans
16         provided by small employer carriers that are
17         insurers or health maintenance organizations
18         notwithstanding the provisions of certain other
19         specified statutes under specified conditions;
20         amending s. 641.201, F.S.; clarifying
21         applicability of the Florida Insurance Code to
22         health maintenance organizations; amending s.
23         641.234, F.S.; providing conditions under which
24         the Department of Insurance may order a health
25         maintenance organization to cancel a contract;
26         amending s. 641.27, F.S.; providing for payment
27         by a health maintenance organization of fees to
28         outside examiners appointed by the Department
29         of Insurance; creating s. 641.226, F.S.;
30         providing for application of federal solvency
31         requirements to provider-sponsored
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  1         organizations; creating s. 641.39, F.S.;
  2         prohibiting the solicitation or acceptance of
  3         contracts by insolvent or impaired health
  4         maintenance organizations; providing a criminal
  5         penalty; creating s. 641.2011, F.S.; providing
  6         that part IV of chapter 628, F.S., applies to
  7         health maintenance organizations; creating s.
  8         641.275, F.S.; providing legislative intent
  9         that the rights of subscribers who are covered
10         under health maintenance organization contracts
11         be recognized and summarized; requiring health
12         maintenance organizations to operate in
13         conformity with such rights; requiring
14         organizations to provide subscribers with a
15         copy of their rights; listing specified
16         requirements for organizations that are
17         currently required by other statutes;
18         authorizing administrative penalties for
19         enforcing the rights specified in s. 641.275,
20         F.S.; amending s. 641.28, F.S.; revising award
21         of attorney's fees in civil actions under
22         certain circumstances; amending s. 641.3917,
23         F.S.; authorizing civil actions against health
24         maintenance organizations by certain persons
25         under certain circumstances; providing
26         requirements and procedures; providing for
27         liability for damages and attorney's fees;
28         prohibiting punitive damages under certain
29         circumstances; requiring the advance posting of
30         discovery costs; amending s. 440.11, F.S.;
31         establishing exclusive liability of health
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    Florida Senate - 2000  CS for CS for CS for SB 2154, CS for SB
                                                     1900 & SB 282
    309-2227A-00
  1         maintenance organizations; providing
  2         application; providing a legislative
  3         declaration; providing an appropriation;
  4         amending ss. 641.31, 641.315, 641.3155, F.S.;
  5         prohibiting a health maintenance organization
  6         from restricting a provider's ability to
  7         provide in-patient hospital services to a
  8         subscriber; requiring payment for medically
  9         necessary in-patient hospital services;
10         amending s. 641.51, F.S., relating to quality
11         assurance program requirements for certain
12         managed-care organizations; allowing the
13         rendering of adverse determinations by
14         physicians licensed in Florida or states with
15         similar requirements; requiring the submission
16         of facts and documentation pertaining to
17         rendered adverse determinations; providing
18         timeframe for organizations to submit facts and
19         documentation to providers and subscribers in
20         writing; requiring an authorized representative
21         to sign the notification; providing effective
22         dates.
23
24  Be It Enacted by the Legislature of the State of Florida:
25
26         Section 1.  This act may be cited as the "Health Care
27  Protection Act of 2000."
28         Section 2.  Subsection (2) of section 395.701, Florida
29  Statutes, is amended to read:
30
31
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    Florida Senate - 2000  CS for CS for CS for SB 2154, CS for SB
                                                     1900 & SB 282
    309-2227A-00
  1         395.701  Annual assessments on net operating revenues
  2  to fund public medical assistance; administrative fines for
  3  failure to pay assessments when due; exemption.--
  4         (2)  There is imposed upon each hospital an assessment
  5  in an amount equal to 1.5 percent of the annual net operating
  6  revenue for inpatient services and an assessment in an amount
  7  equal to 1 percent of the annual net operating revenue for
  8  outpatient services for each hospital, such revenue to be
  9  determined by the agency, based on the actual experience of
10  the hospital as reported to the agency.  Within 6 months after
11  the end of each hospital fiscal year, the agency shall certify
12  the amount of the assessment for each hospital.  The
13  assessment shall be payable to and collected by the agency in
14  equal quarterly amounts, on or before the first day of each
15  calendar quarter, beginning with the first full calendar
16  quarter that occurs after the agency certifies the amount of
17  the assessment for each hospital. All moneys collected
18  pursuant to this subsection shall be deposited into the Public
19  Medical Assistance Trust Fund.
20         Section 3.  Subsection (2) of section 395.7015, Florida
21  Statutes, is amended to read:
22         395.7015  Annual assessment on health care entities.--
23         (2)  There is imposed an annual assessment against
24  certain health care entities as described in this section:
25         (a)  The assessment shall be equal to 1 1.5 percent of
26  the annual net operating revenues of health care entities. The
27  assessment shall be payable to and collected by the agency.
28  Assessments shall be based on annual net operating revenues
29  for the entity's most recently completed fiscal year as
30  provided in subsection (3).
31
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  1         (b)  For the purpose of this section, "health care
  2  entities" include the following:
  3         1.  Ambulatory surgical centers and mobile surgical
  4  facilities licensed under s. 395.003. This subsection shall
  5  only apply to mobile surgical facilities operating under
  6  contracts entered into on or after July 1, 1998.
  7         2.  Clinical laboratories licensed under s. 483.091,
  8  excluding any hospital laboratory defined under s. 483.041(5),
  9  any clinical laboratory operated by the state or a political
10  subdivision of the state, any clinical laboratory which
11  qualifies as an exempt organization under s. 501(c)(3) of the
12  Internal Revenue Code of 1986, as amended, and which receives
13  70 percent or more of its gross revenues from services to
14  charity patients or Medicaid patients, and any blood, plasma,
15  or tissue bank procuring, storing, or distributing blood,
16  plasma, or tissue either for future manufacture or research or
17  distributed on a nonprofit basis, and further excluding any
18  clinical laboratory which is wholly owned and operated by 6 or
19  fewer physicians who are licensed pursuant to chapter 458 or
20  chapter 459 and who practice in the same group practice, and
21  at which no clinical laboratory work is performed for patients
22  referred by any health care provider who is not a member of
23  the same group.
24         3.  Diagnostic-imaging centers that are freestanding
25  outpatient facilities that provide specialized services for
26  the identification or determination of a disease through
27  examination and also provide sophisticated radiological
28  services, and in which services are rendered by a physician
29  licensed by the Board of Medicine under s. 458.311, s.
30  458.313, or s. 458.317, or by an osteopathic physician
31  licensed by the Board of Osteopathic Medicine under s.
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  1  459.006, s. 459.007, or s. 459.0075.  For purposes of this
  2  paragraph, "sophisticated radiological services" means the
  3  following:  magnetic resonance imaging; nuclear medicine;
  4  angiography; arteriography; computed tomography; positron
  5  emission tomography; digital vascular imaging; bronchography;
  6  lymphangiography; splenography; ultrasound, excluding
  7  ultrasound providers that are part of a private physician's
  8  office practice or when ultrasound is provided by two or more
  9  physicians licensed under chapter 458 or chapter 459 who are
10  members of the same professional association and who practice
11  in the same medical specialties; and such other sophisticated
12  radiological services, excluding mammography, as adopted in
13  rule by the board.
14         Section 4.  Paragraph (c) of subsection (2) of section
15  408.904, Florida Statutes, is amended to read:
16         408.904  Benefits.--
17         (2)  Covered health services include:
18         (c)  Hospital outpatient services.  Those services
19  provided to a member in the outpatient portion of a hospital
20  licensed under part I of chapter 395, up to a limit of $1,500
21  $1,000 per calendar year per member, that are preventive,
22  diagnostic, therapeutic, or palliative.
23         Section 5.  Subsection (6) of section 409.905, Florida
24  Statutes, is amended to read:
25         409.905  Mandatory Medicaid services.--The agency may
26  make payments for the following services, which are required
27  of the state by Title XIX of the Social Security Act,
28  furnished by Medicaid providers to recipients who are
29  determined to be eligible on the dates on which the services
30  were provided.  Any service under this section shall be
31  provided only when medically necessary and in accordance with
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  1  state and federal law. Nothing in this section shall be
  2  construed to prevent or limit the agency from adjusting fees,
  3  reimbursement rates, lengths of stay, number of visits, number
  4  of services, or any other adjustments necessary to comply with
  5  the availability of moneys and any limitations or directions
  6  provided for in the General Appropriations Act or chapter 216.
  7         (6)  HOSPITAL OUTPATIENT SERVICES.--The agency shall
  8  pay for preventive, diagnostic, therapeutic, or palliative
  9  care and other services provided to a recipient in the
10  outpatient portion of a hospital licensed under part I of
11  chapter 395, and provided under the direction of a licensed
12  physician or licensed dentist, except that payment for such
13  care and services is limited to $1,500 $1,000 per state fiscal
14  year per recipient, unless an exception has been made by the
15  agency, and with the exception of a Medicaid recipient under
16  age 21, in which case the only limitation is medical
17  necessity.
18         Section 6.  Paragraph (a) of subsection (1) of section
19  409.908, Florida Statutes, is amended to read:
20         409.908  Reimbursement of Medicaid providers.--Subject
21  to specific appropriations, the agency shall reimburse
22  Medicaid providers, in accordance with state and federal law,
23  according to methodologies set forth in the rules of the
24  agency and in policy manuals and handbooks incorporated by
25  reference therein.  These methodologies may include fee
26  schedules, reimbursement methods based on cost reporting,
27  negotiated fees, competitive bidding pursuant to s. 287.057,
28  and other mechanisms the agency considers efficient and
29  effective for purchasing services or goods on behalf of
30  recipients.  Payment for Medicaid compensable services made on
31  behalf of Medicaid eligible persons is subject to the
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  1  availability of moneys and any limitations or directions
  2  provided for in the General Appropriations Act or chapter 216.
  3  Further, nothing in this section shall be construed to prevent
  4  or limit the agency from adjusting fees, reimbursement rates,
  5  lengths of stay, number of visits, or number of services, or
  6  making any other adjustments necessary to comply with the
  7  availability of moneys and any limitations or directions
  8  provided for in the General Appropriations Act, provided the
  9  adjustment is consistent with legislative intent.
10         (1)  Reimbursement to hospitals licensed under part I
11  of chapter 395 must be made prospectively or on the basis of
12  negotiation.
13         (a)  Reimbursement for inpatient care is limited as
14  provided for in s. 409.905(5). Reimbursement for hospital
15  outpatient care is limited to $1,500 $1,000 per state fiscal
16  year per recipient, except for:
17         1.  Such care provided to a Medicaid recipient under
18  age 21, in which case the only limitation is medical
19  necessity;
20         2.  Renal dialysis services; and
21         3.  Other exceptions made by the agency.
22         Section 7.  Paragraph (e) is added to subsection (3) of
23  section 409.912, Florida Statutes, to read:
24         409.912  Cost-effective purchasing of health care.--The
25  agency shall purchase goods and services for Medicaid
26  recipients in the most cost-effective manner consistent with
27  the delivery of quality medical care.  The agency shall
28  maximize the use of prepaid per capita and prepaid aggregate
29  fixed-sum basis services when appropriate and other
30  alternative service delivery and reimbursement methodologies,
31  including competitive bidding pursuant to s. 287.057, designed
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  1  to facilitate the cost-effective purchase of a case-managed
  2  continuum of care. The agency shall also require providers to
  3  minimize the exposure of recipients to the need for acute
  4  inpatient, custodial, and other institutional care and the
  5  inappropriate or unnecessary use of high-cost services.
  6         (3)  The agency may contract with:
  7         (e)  An entity in Pasco County or Pinellas County that
  8  provides in-home physician services to Medicaid recipients
  9  having degenerative neurological diseases in order to test the
10  cost-effectiveness of enhanced home-based medical care. The
11  entity providing the services shall be reimbursed on a
12  fee-for-service basis at a rate not less than comparable
13  Medicare reimbursement rates. The agency may apply for waivers
14  of federal regulations necessary to implement such program.
15  This paragraph expires July 1, 2002.
16         Section 8.  The Legislature shall appropriate each
17  fiscal year from the General Revenue Fund to the Public
18  Medical Assistance Trust Fund an amount sufficient to replace
19  the funds lost due to the reduction by this act of the
20  assessment on other health care entities under section
21  395.7015, Florida Statutes, and the reduction by this act in
22  the assessment on hospitals under section 395.701, Florida
23  Statutes, and to maintain federal approval of the reduced
24  amount of funds deposited into the Public Medical Assistance
25  Trust Fund under section 395.701, Florida Statutes, as state
26  matching funds for the state's Medicaid program.
27         Section 9.  The sum of $28.3 million is appropriated
28  from the General Revenue Fund to the Agency for Health Care
29  Administration for the purpose of implementing this act.
30  However, such appropriation shall be reduced by an amount
31  equal to any similar appropriation for the same purpose which
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  1  is contained in other legislation adopted during the 2000
  2  legislative session and which becomes a law.
  3         Section 10.  Subsections (2) and (11) of section
  4  400.471, Florida Statutes, are amended to read:
  5         400.471  Application for license; fee; provisional
  6  license; temporary permit.--
  7         (2)  The applicant must file with the application
  8  satisfactory proof that the home health agency is in
  9  compliance with this part and applicable rules, including:
10         (a)  A listing of services to be provided, either
11  directly by the applicant or through contractual arrangements
12  with existing providers;
13         (b)  The number and discipline of professional staff to
14  be employed; and
15         (c)  Proof of financial ability to operate.
16
17  If the applicant has applied for a certificate of need under
18  ss. 408.0331-408.045 within the preceding 12 months, the
19  applicant may submit the proof required during the
20  certificate-of-need process along with an attestation that
21  there has been no substantial change in the facts and
22  circumstances underlying the original submission.
23         (11)  The agency may not issue a license designated as
24  certified to a home health agency that fails to receive a
25  certificate of need under ss. 408.031-408.045 or that fails to
26  satisfy the requirements of a Medicare certification survey
27  from the agency.
28         Section 11.  Section 408.032, Florida Statutes, is
29  amended to read:
30         408.032  Definitions.--As used in ss. 408.031-408.045,
31  the term:
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  1         (1)  "Agency" means the Agency for Health Care
  2  Administration.
  3         (2)  "Capital expenditure" means an expenditure,
  4  including an expenditure for a construction project undertaken
  5  by a health care facility as its own contractor, which, under
  6  generally accepted accounting principles, is not properly
  7  chargeable as an expense of operation and maintenance, which
  8  is made to change the bed capacity of the facility, or
  9  substantially change the services or service area of the
10  health care facility, health service provider, or hospice, and
11  which includes the cost of the studies, surveys, designs,
12  plans, working drawings, specifications, initial financing
13  costs, and other activities essential to acquisition,
14  improvement, expansion, or replacement of the plant and
15  equipment.
16         (3)  "Certificate of need" means a written statement
17  issued by the agency evidencing community need for a new,
18  converted, expanded, or otherwise significantly modified
19  health care facility, health service, or hospice.
20         (4)  "Commenced construction" means initiation of and
21  continuous activities beyond site preparation associated with
22  erecting or modifying a health care facility, including
23  procurement of a building permit applying the use of
24  agency-approved construction documents, proof of an executed
25  owner/contractor agreement or an irrevocable or binding forced
26  account, and actual undertaking of foundation forming with
27  steel installation and concrete placing.
28         (5)  "District" means a health service planning
29  district composed of the following counties:
30         District 1.--Escambia, Santa Rosa, Okaloosa, and Walton
31  Counties.
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  1         District 2.--Holmes, Washington, Bay, Jackson,
  2  Franklin, Gulf, Gadsden, Liberty, Calhoun, Leon, Wakulla,
  3  Jefferson, Madison, and Taylor Counties.
  4         District 3.--Hamilton, Suwannee, Lafayette, Dixie,
  5  Columbia, Gilchrist, Levy, Union, Bradford, Putnam, Alachua,
  6  Marion, Citrus, Hernando, Sumter, and Lake Counties.
  7         District 4.--Baker, Nassau, Duval, Clay, St. Johns,
  8  Flagler, and Volusia Counties.
  9         District 5.--Pasco and Pinellas Counties.
10         District 6.--Hillsborough, Manatee, Polk, Hardee, and
11  Highlands Counties.
12         District 7.--Seminole, Orange, Osceola, and Brevard
13  Counties.
14         District 8.--Sarasota, DeSoto, Charlotte, Lee, Glades,
15  Hendry, and Collier Counties.
16         District 9.--Indian River, Okeechobee, St. Lucie,
17  Martin, and Palm Beach Counties.
18         District 10.--Broward County.
19         District 11.--Dade and Monroe Counties.
20         (6)  "Exemption" means the process by which a proposal
21  that would otherwise require a certificate of need may proceed
22  without a certificate of need.
23         (7)(6)  "Expedited review" means the process by which
24  certain types of applications are not subject to the review
25  cycle requirements contained in s. 408.039(1), and the letter
26  of intent requirements contained in s. 408.039(2).
27         (8)(7)  "Health care facility" means a hospital,
28  long-term care hospital, skilled nursing facility, hospice,
29  intermediate care facility, or intermediate care facility for
30  the developmentally disabled. A facility relying solely on
31
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  1  spiritual means through prayer for healing is not included as
  2  a health care facility.
  3         (9)(8)  "Health services" means diagnostic, curative,
  4  or rehabilitative services and includes alcohol treatment,
  5  drug abuse treatment, and mental health services. Obstetric
  6  services are not health services for purposes of ss.
  7  408.031-408.045.
  8         (9)  "Home health agency" means an organization, as
  9  defined in s. 400.462(4), that is certified or seeks
10  certification as a Medicare home health service provider.
11         (10)  "Hospice" or "hospice program" means a hospice as
12  defined in part VI of chapter 400.
13         (11)  "Hospital" means a health care facility licensed
14  under chapter 395.
15         (12)  "Institutional health service" means a health
16  service which is provided by or through a health care facility
17  and which entails an annual operating cost of $500,000 or
18  more.  The agency shall, by rule, adjust the annual operating
19  cost threshold annually using an appropriate inflation index.
20         (13)  "Intermediate care facility" means an institution
21  which provides, on a regular basis, health-related care and
22  services to individuals who do not require the degree of care
23  and treatment which a hospital or skilled nursing facility is
24  designed to provide, but who, because of their mental or
25  physical condition, require health-related care and services
26  above the level of room and board.
27         (12)(14)  "Intermediate care facility for the
28  developmentally disabled" means a residential facility
29  licensed under chapter 393 and certified by the Federal
30  Government pursuant to the Social Security Act as a provider
31
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  1  of Medicaid services to persons who are mentally retarded or
  2  who have a related condition.
  3         (13)(15)  "Long-term care hospital" means a hospital
  4  licensed under chapter 395 which meets the requirements of 42
  5  C.F.R. s. 412.23(e) and seeks exclusion from the Medicare
  6  prospective payment system for inpatient hospital services.
  7         (14)  "Mental health services" means inpatient services
  8  provided in a hospital licensed under chapter 395 and listed
  9  on the hospital license as psychiatric beds for adults;
10  psychiatric beds for children and adolescents; intensive
11  residential treatment beds for children and adolescents;
12  substance abuse beds for adults; or substance abuse beds for
13  children and adolescents.
14         (16)  "Multifacility project" means an integrated
15  residential and health care facility consisting of independent
16  living units, assisted living facility units, and nursing home
17  beds certificated on or after January 1, 1987, where:
18         (a)  The aggregate total number of independent living
19  units and assisted living facility units exceeds the number of
20  nursing home beds.
21         (b)  The developer of the project has expended the sum
22  of $500,000 or more on the certificated and noncertificated
23  elements of the project combined, exclusive of land costs, by
24  the conclusion of the 18th month of the life of the
25  certificate of need.
26         (c)  The total aggregate cost of construction of the
27  certificated element of the project, when combined with other,
28  noncertificated elements, is $10 million or more.
29         (d)  All elements of the project are contiguous or
30  immediately adjacent to each other and construction of all
31  elements will be continuous.
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  1         (15)(17)  "Nursing home geographically underserved
  2  area" means:
  3         (a)  A county in which there is no existing or approved
  4  nursing home;
  5         (b)  An area with a radius of at least 20 miles in
  6  which there is no existing or approved nursing home; or
  7         (c)  An area with a radius of at least 20 miles in
  8  which all existing nursing homes have maintained at least a 95
  9  percent occupancy rate for the most recent 6 months or a 90
10  percent occupancy rate for the most recent 12 months.
11         (18)  "Respite care" means short-term care in a
12  licensed health care facility which is personal or custodial
13  and is provided for chronic illness, physical infirmity, or
14  advanced age for the purpose of temporarily relieving family
15  members of the burden of providing care and attendance.
16         (16)(19)  "Skilled nursing facility" means an
17  institution, or a distinct part of an institution, which is
18  primarily engaged in providing, to inpatients, skilled nursing
19  care and related services for patients who require medical or
20  nursing care, or rehabilitation services for the
21  rehabilitation of injured, disabled, or sick persons.
22         (17)(20)  "Tertiary health service" means a health
23  service which, due to its high level of intensity, complexity,
24  specialized or limited applicability, and cost, should be
25  limited to, and concentrated in, a limited number of hospitals
26  to ensure the quality, availability, and cost-effectiveness of
27  such service. Examples of such service include, but are not
28  limited to, organ transplantation, specialty burn units,
29  neonatal intensive care units, comprehensive rehabilitation,
30  and medical or surgical services which are experimental or
31  developmental in nature to the extent that the provision of
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  1  such services is not yet contemplated within the commonly
  2  accepted course of diagnosis or treatment for the condition
  3  addressed by a given service.  The agency shall establish by
  4  rule a list of all tertiary health services.
  5         (18)(21)  "Regional area" means any of those regional
  6  health planning areas established by the agency to which local
  7  and district health planning funds are directed to local
  8  health councils through the General Appropriations Act.
  9         Section 12.  Paragraph (b) of subsection (1) and
10  paragraph (a) of subsection (3) of section 408.033, Florida
11  Statutes, are amended to read:
12         408.033  Local and state health planning.--
13         (1)  LOCAL HEALTH COUNCILS.--
14         (b)  Each local health council may:
15         1.  Develop a district or regional area health plan
16  that permits is consistent with the objectives and strategies
17  in the state health plan, but that shall permit each local
18  health council to develop strategies and set priorities for
19  implementation based on its unique local health needs.  The
20  district or regional area health plan must contain preferences
21  for the development of health services and facilities, which
22  may be considered by the agency in its review of
23  certificate-of-need applications.  The district health plan
24  shall be submitted to the agency and updated periodically. The
25  district health plans shall use a uniform format and be
26  submitted to the agency according to a schedule developed by
27  the agency in conjunction with the local health councils. The
28  schedule must provide for coordination between the development
29  of the state health plan and the district health plans and for
30  the development of district health plans by major sections
31  over a multiyear period.  The elements of a district plan
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  1  which are necessary to the review of certificate-of-need
  2  applications for proposed projects within the district may be
  3  adopted by the agency as a part of its rules.
  4         2.  Advise the agency on health care issues and
  5  resource allocations.
  6         3.  Promote public awareness of community health needs,
  7  emphasizing health promotion and cost-effective health service
  8  selection.
  9         4.  Collect data and conduct analyses and studies
10  related to health care needs of the district, including the
11  needs of medically indigent persons, and assist the agency and
12  other state agencies in carrying out data collection
13  activities that relate to the functions in this subsection.
14         5.  Monitor the onsite construction progress, if any,
15  of certificate-of-need approved projects and report council
16  findings to the agency on forms provided by the agency.
17         6.  Advise and assist any regional planning councils
18  within each district that have elected to address health
19  issues in their strategic regional policy plans with the
20  development of the health element of the plans to address the
21  health goals and policies in the State Comprehensive Plan.
22         7.  Advise and assist local governments within each
23  district on the development of an optional health plan element
24  of the comprehensive plan provided in chapter 163, to assure
25  compatibility with the health goals and policies in the State
26  Comprehensive Plan and district health plan.  To facilitate
27  the implementation of this section, the local health council
28  shall annually provide the local governments in its service
29  area, upon request, with:
30         a.  A copy and appropriate updates of the district
31  health plan;
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  1         b.  A report of hospital and nursing home utilization
  2  statistics for facilities within the local government
  3  jurisdiction; and
  4         c.  Applicable agency rules and calculated need
  5  methodologies for health facilities and services regulated
  6  under s. 408.034 for the district served by the local health
  7  council.
  8         8.  Monitor and evaluate the adequacy, appropriateness,
  9  and effectiveness, within the district, of local, state,
10  federal, and private funds distributed to meet the needs of
11  the medically indigent and other underserved population
12  groups.
13         9.  In conjunction with the Agency for Health Care
14  Administration, plan for services at the local level for
15  persons infected with the human immunodeficiency virus.
16         10.  Provide technical assistance to encourage and
17  support activities by providers, purchasers, consumers, and
18  local, regional, and state agencies in meeting the health care
19  goals, objectives, and policies adopted by the local health
20  council.
21         11.  Provide the agency with data required by rule for
22  the review of certificate-of-need applications and the
23  projection of need for health services and facilities in the
24  district.
25         (3)  DUTIES AND RESPONSIBILITIES OF THE AGENCY.--
26         (a)  The agency, in conjunction with the local health
27  councils, is responsible for the coordinated planning of all
28  health care services in the state and for the preparation of
29  the state health plan.
30         Section 13.  Subsection (2) of section 408.034, Florida
31  Statutes, is amended to read:
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  1         408.034  Duties and responsibilities of agency;
  2  rules.--
  3         (2)  In the exercise of its authority to issue licenses
  4  to health care facilities and health service providers, as
  5  provided under chapters 393, 395, and parts II, IV, and VI of
  6  chapter 400, the agency may not issue a license to any health
  7  care facility, health service provider, hospice, or part of a
  8  health care facility which fails to receive a certificate of
  9  need or an exemption for the licensed facility or service.
10         Section 14.  Section 408.035, Florida Statutes, is
11  amended to read:
12         408.035  Review criteria.--
13         (1)  The agency shall determine the reviewability of
14  applications and shall review applications for
15  certificate-of-need determinations for health care facilities
16  and health services in context with the following criteria:
17         (1)(a)  The need for the health care facilities and
18  health services being proposed in relation to the applicable
19  district health plan, except in emergency circumstances that
20  pose a threat to the public health.
21         (2)(b)  The availability, quality of care, efficiency,
22  appropriateness, accessibility, and extent of utilization of,
23  and adequacy of like and existing health care facilities and
24  health services in the service district of the applicant.
25         (3)(c)  The ability of the applicant to provide quality
26  of care and the applicant's record of providing quality of
27  care.
28         (d)  The availability and adequacy of other health care
29  facilities and health services in the service district of the
30  applicant, such as outpatient care and ambulatory or home care
31  services, which may serve as alternatives for the health care
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  1  facilities and health services to be provided by the
  2  applicant.
  3         (e)  Probable economies and improvements in service
  4  which may be derived from operation of joint, cooperative, or
  5  shared health care resources.
  6         (4)(f)  The need in the service district of the
  7  applicant for special health care equipment and services that
  8  are not reasonably and economically accessible in adjoining
  9  areas.
10         (5)(g)  The needs of need for research and educational
11  facilities, including, but not limited to, facilities with
12  institutional training programs and community training
13  programs for health care practitioners and for doctors of
14  osteopathic medicine and medicine at the student, internship,
15  and residency training levels.
16         (6)(h)  The availability of resources, including health
17  personnel, management personnel, and funds for capital and
18  operating expenditures, for project accomplishment and
19  operation.; the effects the project will have on clinical
20  needs of health professional training programs in the service
21  district; the extent to which the services will be accessible
22  to schools for health professions in the service district for
23  training purposes if such services are available in a limited
24  number of facilities; the availability of alternative uses of
25  such resources for the provision of other health services; and
26         (7)  The extent to which the proposed services will
27  enhance access to health care for be accessible to all
28  residents of the service district.
29         (8)(i)  The immediate and long-term financial
30  feasibility of the proposal.
31
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  1         (j)  The special needs and circumstances of health
  2  maintenance organizations.
  3         (k)  The needs and circumstances of those entities that
  4  provide a substantial portion of their services or resources,
  5  or both, to individuals not residing in the service district
  6  in which the entities are located or in adjacent service
  7  districts.  Such entities may include medical and other health
  8  professions, schools, multidisciplinary clinics, and specialty
  9  services such as open-heart surgery, radiation therapy, and
10  renal transplantation.
11         (9)(l)  The extent to which the proposal will foster
12  competition that promotes quality and cost-effectiveness. The
13  probable impact of the proposed project on the costs of
14  providing health services proposed by the applicant, upon
15  consideration of factors including, but not limited to, the
16  effects of competition on the supply of health services being
17  proposed and the improvements or innovations in the financing
18  and delivery of health services which foster competition and
19  service to promote quality assurance and cost-effectiveness.
20         (10)(m)  The costs and methods of the proposed
21  construction, including the costs and methods of energy
22  provision and the availability of alternative, less costly, or
23  more effective methods of construction.
24         (11)(n)  The applicant's past and proposed provision of
25  health care services to Medicaid patients and the medically
26  indigent.
27         (o)  The applicant's past and proposed provision of
28  services that promote a continuum of care in a multilevel
29  health care system, which may include, but are not limited to,
30  acute care, skilled nursing care, home health care, and
31  assisted living facilities.
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  1         (12)(p)  The applicant's designation as a Gold Seal
  2  Program nursing facility pursuant to s. 400.235, when the
  3  applicant is requesting additional nursing home beds at that
  4  facility.
  5         (2)  In cases of capital expenditure proposals for the
  6  provision of new health services to inpatients, the agency
  7  shall also reference each of the following in its findings of
  8  fact:
  9         (a)  That less costly, more efficient, or more
10  appropriate alternatives to such inpatient services are not
11  available and the development of such alternatives has been
12  studied and found not practicable.
13         (b)  That existing inpatient facilities providing
14  inpatient services similar to those proposed are being used in
15  an appropriate and efficient manner.
16         (c)  In the case of new construction or replacement
17  construction, that alternatives to the construction, for
18  example, modernization or sharing arrangements, have been
19  considered and have been implemented to the maximum extent
20  practicable.
21         (d)  That patients will experience serious problems in
22  obtaining inpatient care of the type proposed, in the absence
23  of the proposed new service.
24         (e)  In the case of a proposal for the addition of beds
25  for the provision of skilled nursing or intermediate care
26  services, that the addition will be consistent with the plans
27  of other agencies of the state responsible for the provision
28  and financing of long-term care, including home health
29  services.
30         Section 15.  Section 408.036, Florida Statutes, is
31  amended to read:
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  1         408.036  Projects subject to review.--
  2         (1)  APPLICABILITY.--Unless exempt under subsection
  3  (3), all health-care-related projects, as described in
  4  paragraphs (a)-(h)(k), are subject to review and must file an
  5  application for a certificate of need with the agency. The
  6  agency is exclusively responsible for determining whether a
  7  health-care-related project is subject to review under ss.
  8  408.031-408.045.
  9         (a)  The addition of beds by new construction or
10  alteration.
11         (b)  The new construction or establishment of
12  additional health care facilities, including a replacement
13  health care facility when the proposed project site is not
14  located on the same site as the existing health care facility.
15         (c)  The conversion from one type of health care
16  facility to another, including the conversion from one level
17  of care to another, in a skilled or intermediate nursing
18  facility, if the conversion effects a change in the level of
19  care of 10 beds or 10 percent of total bed capacity of the
20  skilled or intermediate nursing facility within a 2-year
21  period.  If the nursing facility is certified for both skilled
22  and intermediate nursing care, the provisions of this
23  paragraph do not apply.
24         (d)  An Any increase in the total licensed bed capacity
25  of a health care facility.
26         (e)  Subject to the provisions of paragraph (3)(i), The
27  establishment of a Medicare-certified home health agency, the
28  establishment of a hospice or hospice inpatient facility,
29  except as provided in s. 408.043 or the direct provision of
30  such services by a health care facility or health maintenance
31  organization for those other than the subscribers of the
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  1  health maintenance organization; except that this paragraph
  2  does not apply to the establishment of a Medicare-certified
  3  home health agency by a facility described in paragraph
  4  (3)(h).
  5         (f)  An acquisition by or on behalf of a health care
  6  facility or health maintenance organization, by any means,
  7  which acquisition would have required review if the
  8  acquisition had been by purchase.
  9         (f)(g)  The establishment of inpatient institutional
10  health services by a health care facility, or a substantial
11  change in such services.
12         (h)  The acquisition by any means of an existing health
13  care facility by any person, unless the person provides the
14  agency with at least 30 days' written notice of the proposed
15  acquisition, which notice is to include the services to be
16  offered and the bed capacity of the facility, and unless the
17  agency does not determine, within 30 days after receipt of
18  such notice, that the services to be provided and the bed
19  capacity of the facility will be changed.
20         (i)  An increase in the cost of a project for which a
21  certificate of need has been issued when the increase in cost
22  exceeds 20 percent of the originally approved cost of the
23  project, except that a cost overrun review is not necessary
24  when the cost overrun is less than $20,000.
25         (g)(j)  An increase in the number of beds for acute
26  care, nursing home care beds, specialty burn units, neonatal
27  intensive care units, comprehensive rehabilitation, mental
28  health services, or hospital-based distinct part skilled
29  nursing units, or at a long-term care hospital psychiatric or
30  rehabilitation beds.
31         (h)(k)  The establishment of tertiary health services.
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  1         (2)  PROJECTS SUBJECT TO EXPEDITED REVIEW.--Unless
  2  exempt pursuant to subsection (3), projects subject to an
  3  expedited review shall include, but not be limited to:
  4         (a)  Cost overruns, as defined in paragraph (1)(i).
  5         (a)(b)  Research, education, and training programs.
  6         (b)(c)  Shared services contracts or projects.
  7         (c)(d)  A transfer of a certificate of need.
  8         (d)(e)  A 50-percent increase in nursing home beds for
  9  a facility incorporated and operating in this state for at
10  least 60 years on or before July 1, 1988, which has a licensed
11  nursing home facility located on a campus providing a variety
12  of residential settings and supportive services.  The
13  increased nursing home beds shall be for the exclusive use of
14  the campus residents.  Any application on behalf of an
15  applicant meeting this requirement shall be subject to the
16  base fee of $5,000 provided in s. 408.038.
17         (f)  Combination within one nursing home facility of
18  the beds or services authorized by two or more certificates of
19  need issued in the same planning subdistrict.
20         (g)  Division into two or more nursing home facilities
21  of beds or services authorized by one certificate of need
22  issued in the same planning subdistrict.  Such division shall
23  not be approved if it would adversely affect the original
24  certificate's approved cost.
25         (e)(h)  Replacement of a health care facility when the
26  proposed project site is located in the same district and
27  within a 1-mile radius of the replaced health care facility.
28         (f)  The conversion of mental health services beds
29  licensed under chapter 395 or hospital-based distinct part
30  skilled nursing unit beds to general acute care beds; the
31  conversion of mental health services beds between or among the
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  1  licensed bed categories defined as beds for mental health
  2  services; or the conversion of general acute care beds to beds
  3  for mental health services.
  4         1.  Conversion under this paragraph shall not establish
  5  a new licensed bed category at the hospital but shall apply
  6  only to categories of beds licensed at that hospital.
  7         2.  Beds converted under this paragraph must be
  8  licensed and operational for at least 12 months before the
  9  hospital may apply for additional conversion affecting beds of
10  the same type.
11
12  The agency shall develop rules to implement the provisions for
13  expedited review, including time schedule, application content
14  which may be reduced from the full requirements of s.
15  408.037(1), and application processing.
16         (3)  EXEMPTIONS.--Upon request, the following projects
17  are subject to supported by such documentation as the agency
18  requires, the agency shall grant an exemption from the
19  provisions of subsection (1):
20         (a)  For the initiation or expansion of obstetric
21  services.
22         (a)(b)  For replacement of any expenditure to replace
23  or renovate any part of a licensed health care facility on the
24  same site, provided that the number of licensed beds in each
25  licensed bed category will not increase and, in the case of a
26  replacement facility, the project site is the same as the
27  facility being replaced.
28         (c)  For providing respite care services. An individual
29  may be admitted to a respite care program in a hospital
30  without regard to inpatient requirements relating to admitting
31  order and attendance of a member of a medical staff.
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  1         (b)(d)  For hospice services or home health services
  2  provided by a rural hospital, as defined in s. 395.602, or for
  3  swing beds in a such rural hospital, as defined in s. 395.602,
  4  in a number that does not exceed one-half of its licensed
  5  beds.
  6         (c)(e)  For the conversion of licensed acute care
  7  hospital beds to Medicare and Medicaid certified skilled
  8  nursing beds in a rural hospital, as defined in s. 395.602, so
  9  long as the conversion of the beds does not involve the
10  construction of new facilities. The total number of skilled
11  nursing beds, including swing beds, may not exceed one-half of
12  the total number of licensed beds in the rural hospital as of
13  July 1, 1993. Certified skilled nursing beds designated under
14  this paragraph, excluding swing beds, shall be included in the
15  community nursing home bed inventory.  A rural hospital which
16  subsequently decertifies any acute care beds exempted under
17  this paragraph shall notify the agency of the decertification,
18  and the agency shall adjust the community nursing home bed
19  inventory accordingly.
20         (d)(f)  For the addition of nursing home beds at a
21  skilled nursing facility that is part of a retirement
22  community that provides a variety of residential settings and
23  supportive services and that has been incorporated and
24  operated in this state for at least 65 years on or before July
25  1, 1994. All nursing home beds must not be available to the
26  public but must be for the exclusive use of the community
27  residents.
28         (e)(g)  For an increase in the bed capacity of a
29  nursing facility licensed for at least 50 beds as of January
30  1, 1994, under part II of chapter 400 which is not part of a
31  continuing care facility if, after the increase, the total
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  1  licensed bed capacity of that facility is not more than 60
  2  beds and if the facility has been continuously licensed since
  3  1950 and has received a superior rating on each of its two
  4  most recent licensure surveys.
  5         (h)  For the establishment of a Medicare-certified home
  6  health agency by a facility certified under chapter 651; a
  7  retirement community, as defined in s. 400.404(2)(g); or a
  8  residential facility that serves only retired military
  9  personnel, their dependents, and the surviving dependents of
10  deceased military personnel. Medicare-reimbursed home health
11  services provided through such agency shall be offered
12  exclusively to residents of the facility or retirement
13  community or to residents of facilities or retirement
14  communities owned, operated, or managed by the same corporate
15  entity. Each visit made to deliver Medicare-reimbursable home
16  health services to a home health patient who, at the time of
17  service, is not a resident of the facility or retirement
18  community shall be a deceptive and unfair trade practice and
19  constitutes a violation of ss. 501.201-501.213.
20         (i)  For the establishment of a Medicare-certified home
21  health agency. This paragraph shall take effect 90 days after
22  the adjournment sine die of the next regular session of the
23  Legislature occurring after the legislative session in which
24  the Legislature receives a report from the Director of Health
25  Care Administration certifying that the federal Health Care
26  Financing Administration has implemented a per-episode
27  prospective pay system for Medicare-certified home health
28  agencies.
29         (f)(j)  For an inmate health care facility built by or
30  for the exclusive use of the Department of Corrections as
31
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  1  provided in chapter 945. This exemption expires when such
  2  facility is converted to other uses.
  3         (k)  For an expenditure by or on behalf of a health
  4  care facility to provide a health service exclusively on an
  5  outpatient basis.
  6         (g)(l)  For the termination of an inpatient a health
  7  care service.
  8         (h)(m)  For the delicensure of beds. A request for
  9  exemption An application submitted under this paragraph must
10  identify the number, the category of beds classification, and
11  the name of the facility in which the beds to be delicensed
12  are located.
13         (i)(n)  For the provision of adult inpatient diagnostic
14  cardiac catheterization services in a hospital.
15         1.  In addition to any other documentation otherwise
16  required by the agency, a request for an exemption submitted
17  under this paragraph must comply with the following criteria:
18         a.  The applicant must certify it will not provide
19  therapeutic cardiac catheterization pursuant to the grant of
20  the exemption.
21         b.  The applicant must certify it will meet and
22  continuously maintain the minimum licensure requirements
23  adopted by the agency governing such programs pursuant to
24  subparagraph 2.
25         c.  The applicant must certify it will provide a
26  minimum of 2 percent of its services to charity and Medicaid
27  patients.
28         2.  The agency shall adopt licensure requirements by
29  rule which govern the operation of adult inpatient diagnostic
30  cardiac catheterization programs established pursuant to the
31
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  1  exemption provided in this paragraph. The rules shall ensure
  2  that such programs:
  3         a.  Perform only adult inpatient diagnostic cardiac
  4  catheterization services authorized by the exemption and will
  5  not provide therapeutic cardiac catheterization or any other
  6  services not authorized by the exemption.
  7         b.  Maintain sufficient appropriate equipment and
  8  health personnel to ensure quality and safety.
  9         c.  Maintain appropriate times of operation and
10  protocols to ensure availability and appropriate referrals in
11  the event of emergencies.
12         d.  Maintain appropriate program volumes to ensure
13  quality and safety.
14         e.  Provide a minimum of 2 percent of its services to
15  charity and Medicaid patients each year.
16         3.a.  The exemption provided by this paragraph shall
17  not apply unless the agency determines that the program is in
18  compliance with the requirements of subparagraph 1. and that
19  the program will, after beginning operation, continuously
20  comply with the rules adopted pursuant to subparagraph 2.  The
21  agency shall monitor such programs to ensure compliance with
22  the requirements of subparagraph 2.
23         b.(I)  The exemption for a program shall expire
24  immediately when the program fails to comply with the rules
25  adopted pursuant to sub-subparagraphs 2.a., b., and c.
26         (II)  Beginning 18 months after a program first begins
27  treating patients, the exemption for a program shall expire
28  when the program fails to comply with the rules adopted
29  pursuant to sub-subparagraphs 2.d. and e.
30         (III)  If the exemption for a program expires pursuant
31  to sub-sub-subparagraph (I) or sub-sub-subparagraph (II), the
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  1  agency shall not grant an exemption pursuant to this paragraph
  2  for an adult inpatient diagnostic cardiac catheterization
  3  program located at the same hospital until 2 years following
  4  the date of the determination by the agency that the program
  5  failed to comply with the rules adopted pursuant to
  6  subparagraph 2.
  7         4.  The agency shall not grant any exemption under this
  8  paragraph until the adoption of the rules required under this
  9  paragraph, or until March 1, 1998, whichever comes first.
10  However, if final rules have not been adopted by March 1,
11  1998, the proposed rules governing the exemptions shall be
12  used by the agency to grant exemptions under the provisions of
13  this paragraph until final rules become effective.
14         (j)(o)  For any expenditure to provide mobile surgical
15  facilities and related health care services provided under
16  contract with the Department of Corrections or a private
17  correctional facility operating pursuant to chapter 957.
18         (k)(p)  For state veterans' nursing homes operated by
19  or on behalf of the Florida Department of Veterans' Affairs in
20  accordance with part II of chapter 296 for which at least 50
21  percent of the construction cost is federally funded and for
22  which the Federal Government pays a per diem rate not to
23  exceed one-half of the cost of the veterans' care in such
24  state nursing homes. These beds shall not be included in the
25  nursing home bed inventory.
26         (l)  For combination within one nursing home facility
27  of the beds or services authorized by two or more certificates
28  of need issued in the same planning subdistrict.  An exemption
29  granted under this paragraph shall extend the validity period
30  of the certificates of need to be consolidated by the length
31  of the period beginning upon submission of the exemption
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  1  request and ending with issuance of the exemption.  The
  2  longest validity period among the certificates shall be
  3  applicable to each of the combined certificates.
  4         (m)  For division into two or more nursing home
  5  facilities of beds or services authorized by one certificate
  6  of need issued in the same planning subdistrict.  An exemption
  7  granted under this paragraph shall extend the validity period
  8  of the certificate of need to be divided by the length of the
  9  period beginning upon submission of the exemption request and
10  ending with issuance of the exemption.
11         (n)  For the addition of hospital beds licensed under
12  chapter 395 for acute care, mental health services, or a
13  hospital-based distinct part skilled nursing unit in a number
14  that may not exceed 10 total beds or 10 percent of the
15  licensed capacity of the bed category being expanded,
16  whichever is greater. Beds for specialty burn units, neonatal
17  intensive care units, or comprehensive rehabilitation, or at a
18  long-term care hospital, may not be increased under this
19  paragraph.
20         1.  In addition to any other documentation otherwise
21  required by the agency, a request for exemption submitted
22  under this paragraph must:
23         a.  Certify that the prior 12-month average occupancy
24  rate for the category of licensed beds being expanded at the
25  facility meets or exceeds 80 percent or, for a hospital-based
26  distinct part skilled nursing unit, the prior 12-month average
27  occupancy rate meets or exceeds 96 percent.
28         b.  Certify that any beds of the same type authorized
29  for the facility under this paragraph before the date of the
30  current request for an exemption have been licensed and
31  operational for at least 12 months.
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  1         2.  The timeframes and monitoring process specified in
  2  s. 408.040(2)(a)-(c) apply to any exemption issued under this
  3  paragraph.
  4         3.  The agency shall count beds authorized under this
  5  paragraph as approved beds in the published inventory of
  6  hospital beds until the beds are licensed.
  7         (o)  For the addition of acute care beds, as authorized
  8  by rule consistent with s. 395.003(4), in a number that may
  9  not exceed 10 total beds or 10 percent of licensed bed
10  capacity, whichever is greater, for temporary beds in a
11  hospital that has experienced high seasonal occupancy within
12  the prior 12-month period or in a hospital that must respond
13  to emergency circumstances.
14         (p)  For the addition of nursing home beds licensed
15  under chapter 400 in a number not exceeding 10 total beds or
16  10 percent of the number of beds licensed in the facility
17  being expanded, whichever is greater.
18         1.  In addition to any other documentation required by
19  the agency, a request for exemption submitted under this
20  paragraph must:
21         a.  Effective until June 30, 2001, certify that the
22  facility has not had any class I or class II deficiencies
23  within the 30 months preceding the request for addition.
24         b.  Effective on July 1, 2001, certify that the
25  facility has been designated as a Gold Seal nursing home under
26  s. 400.235.
27         c.  Certify that the prior 12-month average occupancy
28  rate for the nursing home beds at the facility meets or
29  exceeds 96 percent.
30         d.  Certify that any beds authorized for the facility
31  under this paragraph before the date of the current request
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  1  for an exemption have been licensed and operational for at
  2  least 12 months.
  3         2.  The timeframes and monitoring process specified in
  4  s. 408.040(2)(a)-(c) apply to any exemption issued under this
  5  paragraph.
  6         3.  The agency shall count beds authorized under this
  7  paragraph as approved beds in the published inventory of
  8  nursing home beds until the beds are licensed.
  9         (4)  A request for exemption under this subsection (3)
10  may be made at any time and is not subject to the batching
11  requirements of this section. The request shall be supported
12  by such documentation as the agency requires by rule. The
13  agency shall assess a fee of $250 for each request for
14  exemption submitted under subsection (3).
15         Section 16.  Paragraph (a) of subsection (1) of section
16  408.037, Florida Statutes, is amended to read:
17         408.037  Application content.--
18         (1)  An application for a certificate of need must
19  contain:
20         (a)  A detailed description of the proposed project and
21  statement of its purpose and need in relation to the local
22  health plan and the state health plan.
23         Section 17.  Section 408.038, Florida Statutes, is
24  amended to read:
25         408.038  Fees.--The agency department shall assess fees
26  on certificate-of-need applications.  Such fees shall be for
27  the purpose of funding the functions of the local health
28  councils and the activities of the agency department and shall
29  be allocated as provided in s. 408.033. The fee shall be
30  determined as follows:
31         (1)  A minimum base fee of $5,000.
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  1         (2)  In addition to the base fee of $5,000, 0.015 of
  2  each dollar of proposed expenditure, except that a fee may not
  3  exceed $22,000.
  4         Section 18.  Subsections (3) and (4) and paragraphs (a)
  5  and (b) of subsection (6) of section 408.039, Florida
  6  Statutes, are amended to read:
  7         408.039  Review process.--The review process for
  8  certificates of need shall be as follows:
  9         (3)  APPLICATION PROCESSING.--
10         (a)  An applicant shall file an application with the
11  agency department, and shall furnish a copy of the application
12  to the local health council and the agency department. Within
13  15 days after the applicable application filing deadline
14  established by agency department rule, the staff of the agency
15  department shall determine if the application is complete.  If
16  the application is incomplete, the staff shall request
17  specific information from the applicant necessary for the
18  application to be complete; however, the staff may make only
19  one such request. If the requested information is not filed
20  with the agency department within 21 days of the receipt of
21  the staff's request, the application shall be deemed
22  incomplete and deemed withdrawn from consideration.
23         (b)  Upon the request of any applicant or substantially
24  affected person within 14 days after notice that an
25  application has been filed, a public hearing may be held at
26  the agency's department's discretion if the agency department
27  determines that a proposed project involves issues of great
28  local public interest. The public hearing shall allow
29  applicants and other interested parties reasonable time to
30  present their positions and to present rebuttal information. A
31  recorded verbatim record of the hearing shall be maintained.
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  1  The public hearing shall be held at the local level within 21
  2  days after the application is deemed complete.
  3         (4)  STAFF RECOMMENDATIONS.--
  4         (a)  The agency's department's review of and final
  5  agency action on applications shall be in accordance with the
  6  district health plan, and statutory criteria, and the
  7  implementing administrative rules.  In the application review
  8  process, the agency department shall give a preference, as
  9  defined by rule of the agency department, to an applicant
10  which proposes to develop a nursing home in a nursing home
11  geographically underserved area.
12         (b)  Within 60 days after all the applications in a
13  review cycle are determined to be complete, the agency
14  department shall issue its State Agency Action Report and
15  Notice of Intent to grant a certificate of need for the
16  project in its entirety, to grant a certificate of need for
17  identifiable portions of the project, or to deny a certificate
18  of need.  The State Agency Action Report shall set forth in
19  writing its findings of fact and determinations upon which its
20  decision is based.  If a finding of fact or determination by
21  the agency department is counter to the district health plan
22  of the local health council, the agency department shall
23  provide in writing its reason for its findings, item by item,
24  to the local health council.  If the agency department intends
25  to grant a certificate of need, the State Agency Action Report
26  or the Notice of Intent shall also include any conditions
27  which the agency department intends to attach to the
28  certificate of need. The agency department shall designate by
29  rule a senior staff person, other than the person who issues
30  the final order, to issue State Agency Action Reports and
31  Notices of Intent.
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  1         (c)  The agency department shall publish its proposed
  2  decision set forth in the Notice of Intent in the Florida
  3  Administrative Weekly within 14 days after the Notice of
  4  Intent is issued.
  5         (d)  If no administrative hearing is requested pursuant
  6  to subsection (5), the State Agency Action Report and the
  7  Notice of Intent shall become the final order of the agency
  8  department.  The agency department shall provide a copy of the
  9  final order to the appropriate local health council.
10         (6)  JUDICIAL REVIEW.--
11         (a)  A party to an administrative hearing for an
12  application for a certificate of need has the right, within
13  not more than 30 days after the date of the final order, to
14  seek judicial review in the District Court of Appeal pursuant
15  to s. 120.68.  The agency department shall be a party in any
16  such proceeding.
17         (b)  In such judicial review, the court shall affirm
18  the final order of the agency department, unless the decision
19  is arbitrary, capricious, or not in compliance with ss.
20  408.031-408.045.
21         Section 19.  Subsections (1) and (2) of section
22  408.040, Florida Statutes, are amended to read:
23         408.040  Conditions and monitoring.--
24         (1)(a)  The agency may issue a certificate of need
25  predicated upon statements of intent expressed by an applicant
26  in the application for a certificate of need. Any conditions
27  imposed on a certificate of need based on such statements of
28  intent shall be stated on the face of the certificate of need.
29         1.  Any certificate of need issued for construction of
30  a new hospital or for the addition of beds to an existing
31  hospital shall include a statement of the number of beds
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  1  approved by category of service, including rehabilitation or
  2  psychiatric service, for which the agency has adopted by rule
  3  a specialty-bed-need methodology. All beds that are approved,
  4  but are not covered by any specialty-bed-need methodology,
  5  shall be designated as general.
  6         (b)2.  The agency may consider, in addition to the
  7  other criteria specified in s. 408.035, a statement of intent
  8  by the applicant that a specified to designate a percentage of
  9  the annual patient days at beds of the facility will be
10  utilized for use by patients eligible for care under Title XIX
11  of the Social Security Act. Any certificate of need issued to
12  a nursing home in reliance upon an applicant's statements that
13  to provide a specified percentage number of annual patient
14  days will be utilized beds for use by residents eligible for
15  care under Title XIX of the Social Security Act must include a
16  statement that such certification is a condition of issuance
17  of the certificate of need. The certificate-of-need program
18  shall notify the Medicaid program office and the Department of
19  Elderly Affairs when it imposes conditions as authorized in
20  this paragraph subparagraph in an area in which a community
21  diversion pilot project is implemented.
22         (c)(b)  A certificateholder may apply to the agency for
23  a modification of conditions imposed under paragraph (a) or
24  paragraph (b). If the holder of a certificate of need
25  demonstrates good cause why the certificate should be
26  modified, the agency shall reissue the certificate of need
27  with such modifications as may be appropriate.  The agency
28  shall by rule define the factors constituting good cause for
29  modification.
30         (d)(c)  If the holder of a certificate of need fails to
31  comply with a condition upon which the issuance of the
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  1  certificate was predicated, the agency may assess an
  2  administrative fine against the certificateholder in an amount
  3  not to exceed $1,000 per failure per day.  In assessing the
  4  penalty, the agency shall take into account as mitigation the
  5  relative lack of severity of a particular failure.  Proceeds
  6  of such penalties shall be deposited in the Public Medical
  7  Assistance Trust Fund.
  8         (2)(a)  Unless the applicant has commenced
  9  construction, if the project provides for construction, unless
10  the applicant has incurred an enforceable capital expenditure
11  commitment for a project, if the project does not provide for
12  construction, or unless subject to paragraph (b), a
13  certificate of need shall terminate 18 months after the date
14  of issuance, except in the case of a multifacility project, as
15  defined in s. 408.032, where the certificate of need shall
16  terminate 2 years after the date of issuance. The agency shall
17  monitor the progress of the holder of the certificate of need
18  in meeting the timetable for project development specified in
19  the application with the assistance of the local health
20  council as specified in s. 408.033(1)(b)5., and may revoke the
21  certificate of need, if the holder of the certificate is not
22  meeting such timetable and is not making a good-faith good
23  faith effort, as defined by rule, to meet it.
24         (b)  A certificate of need issued to an applicant
25  holding a provisional certificate of authority under chapter
26  651 shall terminate 1 year after the applicant receives a
27  valid certificate of authority from the Department of
28  Insurance.
29         (c)  The certificate-of-need validity period for a
30  project shall be extended by the agency, to the extent that
31  the applicant demonstrates to the satisfaction of the agency
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  1  that good-faith good faith commencement of the project is
  2  being delayed by litigation or by governmental action or
  3  inaction with respect to regulations or permitting precluding
  4  commencement of the project.
  5         (d)  If an application is filed to consolidate two or
  6  more certificates as authorized by s. 408.036(2)(f) or to
  7  divide a certificate of need into two or more facilities as
  8  authorized by s. 408.036(2)(g), the validity period of the
  9  certificate or certificates of need to be consolidated or
10  divided shall be extended for the period beginning upon
11  submission of the application and ending when final agency
12  action and any appeal from such action has been concluded.
13  However, no such suspension shall be effected if the
14  application is withdrawn by the applicant.
15         Section 20.  Section 408.044, Florida Statutes, is
16  amended to read:
17         408.044  Injunction.--Notwithstanding the existence or
18  pursuit of any other remedy, the agency department may
19  maintain an action in the name of the state for injunction or
20  other process against any person to restrain or prevent the
21  pursuit of a project subject to review under ss.
22  408.031-408.045, in the absence of a valid certificate of
23  need.
24         Section 21.  Section 408.045, Florida Statutes, is
25  amended to read:
26         408.045  Certificate of need; competitive sealed
27  proposals.--
28         (1)  The application, review, and issuance procedures
29  for a certificate of need for an intermediate care facility
30  for the developmentally disabled may be made by the agency
31  department by competitive sealed proposals.
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  1         (2)  The agency department shall make a decision
  2  regarding the issuance of the certificate of need in
  3  accordance with the provisions of s. 287.057(15), rules
  4  adopted by the agency department relating to intermediate care
  5  facilities for the developmentally disabled, and the criteria
  6  in s. 408.035, as further defined by rule.
  7         (3)  Notification of the decision shall be issued to
  8  all applicants not later than 28 calendar days after the date
  9  responses to a request for proposal are due.
10         (4)  The procedures provided for under this section are
11  exempt from the batching cycle requirements and the public
12  hearing requirement of s. 408.039.
13         (5)  The agency department may use the competitive
14  sealed proposal procedure for determining a certificate of
15  need for other types of health care facilities and services if
16  the agency department identifies an unmet health care need and
17  when funding in whole or in part for such health care
18  facilities or services is authorized by the Legislature.
19         Section 22.  (1)(a)  There is created a
20  certificate-of-need workgroup staffed by the Agency for Health
21  Care Administration.
22         (b)  Workgroup participants shall be responsible for
23  only the expenses that they generate individually through
24  workgroup participation.  The agency shall be responsible for
25  expenses incidental to the production of any required data or
26  reports.
27         (2)  The workgroup shall consist of 30 members, 10
28  appointed by the Governor, 10 appointed by the President of
29  the Senate, and 10 appointed by the Speaker of the House of
30  Representatives. The workgroup chairperson shall be selected
31  by majority vote of a quorum present. Sixteen members shall
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  1  constitute a quorum. The membership shall include, but not be
  2  limited to, representatives from health care provider
  3  organizations, health care facilities, individual health care
  4  practitioners, local health councils, and consumer
  5  organizations, and persons with health care market expertise
  6  as a private-sector consultant.
  7         (3)  Appointment to the workgroup shall be as follows:
  8         (a)  The Governor shall appoint one representative each
  9  from the hospital industry; nursing home industry; hospice
10  industry; local health councils; a consumer organization; and
11  three health care market consultants, one of whom is a
12  recognized expert on hospital markets, one of whom is a
13  recognized expert on nursing home or long-term-care markets,
14  and one of whom is a recognized expert on hospice markets; one
15  representative from the Medicaid program; and one
16  representative from a health care facility that provides a
17  tertiary service.
18         (b)  The President of the Senate shall appoint a
19  representative of a for-profit hospital, a representative of a
20  not-for-profit hospital, a representative of a public
21  hospital, two representatives of the nursing home industry,
22  two representatives of the hospice industry, a representative
23  of a consumer organization, a representative from the
24  Department of Elderly Affairs involved with the implementation
25  of a long-term-care community diversion program, and a health
26  care market consultant with expertise in health care
27  economics.
28         (c)  The Speaker of the House of Representatives shall
29  appoint a representative from the Florida Hospital
30  Association, a representative of the Association of Community
31  Hospitals and Health Systems of Florida, a representative of
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  1  the Florida League of Health Systems, a representative of the
  2  Florida Health Care Association, a representative of the
  3  Florida Association of Homes for the Aging, three
  4  representatives of Florida Hospices and Palliative Care, one
  5  representative of local health councils, and one
  6  representative of a consumer organization.
  7         (4)  The workgroup shall study issues pertaining to the
  8  certificate-of-need program, including the impact of trends in
  9  health care delivery and financing. The workgroup shall study
10  issues relating to implementation of the certificate-of-need
11  program.
12         (5)  The workgroup shall meet at least annually, at the
13  request of the chairperson. The workgroup shall submit an
14  interim report by December 31, 2001, and a final report by
15  December 31, 2002. The workgroup is abolished effective July
16  1, 2003.
17         Section 23.  Subsection (7) of section 651.118, Florida
18  Statutes, is amended to read:
19         651.118  Agency for Health Care Administration;
20  certificates of need; sheltered beds; community beds.--
21         (7)  Notwithstanding the provisions of subsection (2),
22  at the discretion of the continuing care provider, sheltered
23  nursing home beds may be used for persons who are not
24  residents of the facility and who are not parties to a
25  continuing care contract for a period of up to 5 years after
26  the date of issuance of the initial nursing home license.  A
27  provider whose 5-year period has expired or is expiring may
28  request the Agency for Health Care Administration for an
29  extension, not to exceed 30 percent of the total sheltered
30  nursing home beds, if the utilization by residents of the
31  facility in the sheltered beds will not generate sufficient
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  1  income to cover facility expenses, as evidenced by one of the
  2  following:
  3         (a)  The facility has a net loss for the most recent
  4  fiscal year as determined under generally accepted accounting
  5  principles, excluding the effects of extraordinary or unusual
  6  items, as demonstrated in the most recently audited financial
  7  statement; or
  8         (b)  The facility would have had a pro forma loss for
  9  the most recent fiscal year, excluding the effects of
10  extraordinary or unusual items, if revenues were reduced by
11  the amount of revenues from persons in sheltered beds who were
12  not residents, as reported on by a certified public
13  accountant.
14
15  The agency shall be authorized to grant an extension to the
16  provider based on the evidence required in this subsection.
17  The agency may request a facility to use up to 25 percent of
18  the patient days generated by new admissions of nonresidents
19  during the extension period to serve Medicaid recipients for
20  those beds authorized for extended use if there is a
21  demonstrated need in the respective service area and if funds
22  are available. A provider who obtains an extension is
23  prohibited from applying for additional sheltered beds under
24  the provision of subsection (2), unless additional residential
25  units are built or the provider can demonstrate need by
26  facility residents to the Agency for Health Care
27  Administration. The 5-year limit does not apply to up to five
28  sheltered beds designated for inpatient hospice care as part
29  of a contractual arrangement with a hospice licensed under
30  part VI of chapter 400. A facility that uses such beds after
31  the 5-year period shall report such use to the Agency for
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  1  Health Care Administration. For purposes of this subsection,
  2  "resident" means a person who, upon admission to the facility,
  3  initially resides in a part of the facility not licensed under
  4  part II of chapter 400.
  5         Section 24.  Subsection (3) of section 400.464, Florida
  6  Statutes, is repealed.
  7         Section 25.  Applications for certificates of need
  8  submitted under section 408.031-408.045, Florida Statutes,
  9  before the effective date of this act shall be governed by the
10  law in effect at the time the application was submitted.
11         Section 26.  The General Appropriations Act for Fiscal
12  Year 2000-2001 shall be reduced by 4 FTE and $260,719 from the
13  Health Care Trust Fund in the Agency for Health Care
14  Administration for purposes of implementing the provisions of
15  sections 10 through 25 of this act.
16         Section 27.  Subsection (12) is added to section
17  216.136, Florida Statutes, to read:
18         216.136  Consensus estimating conferences; duties and
19  principals.--
20         (12)  MANDATED HEALTH INSURANCE BENEFITS AND PROVIDERS
21  ESTIMATING CONFERENCE.--
22         (a)  Duties.--The Mandated Health Insurance Benefits
23  and Providers Estimating Conference shall:
24         1.  Develop and maintain, with the Department of
25  Insurance, a system and program of data collection to assess
26  the impact of mandated benefits and providers, including costs
27  to employers and insurers, impact of treatment, cost savings
28  in the health care system, number of providers, and other
29  appropriate data.
30         2.  Prescribe the format, content, and timing of
31  information that is to be submitted to the conference and used
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  1  by the conference in its assessment of proposed and existing
  2  mandated benefits and providers. Such format, content, and
  3  timing requirements are binding upon all parties submitting
  4  information for the conference to use in its assessment of
  5  proposed and existing mandated benefits and providers.
  6         3.  Provide assessments of proposed and existing
  7  mandated benefits and providers and other studies of mandated
  8  benefits and provider issues as requested by the Legislature
  9  or the Governor. When a legislative measure containing a
10  mandated health insurance benefit or provider is proposed, the
11  standing committee of the Legislature which has jurisdiction
12  over the proposal shall request that the conference prepare
13  and forward to the Governor and the Legislature a study that
14  provides, for each measure, a cost-benefit analysis that
15  assesses the social and financial impact and the medical
16  efficacy according to prevailing medical standards of the
17  proposed mandate. The conference has 12 months after the
18  committee makes its request in which to complete and submit
19  the conference's report. The standing committee may not
20  consider such a proposed legislative measure until 12 months
21  after it has requested the report and has received the
22  conference's report on the measure.
23         4.  The standing committees of the Legislature which
24  have jurisdiction over health insurance matters shall request
25  that the conference assess the social and financial impact and
26  the medical efficacy of existing mandated benefits and
27  providers. The committees shall submit to the conference by
28  January 1, 2001, a schedule of evaluations that sets forth the
29  respective dates by which the conference must have completed
30  its evaluations of particular existing mandates.
31
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  1         (b)  Principals.--The Executive Office of the Governor,
  2  the Insurance Commissioner, the Agency for Health Care
  3  Administration, the Director of the Division of Economic and
  4  Demographic Research of the Joint Legislative Management
  5  Committee, and professional staff of the Senate and the House
  6  of Representatives who have health insurance expertise, or
  7  their designees, are the principals of the Mandated Health
  8  Insurance Benefits and Providers Estimating Conference. The
  9  responsibility of presiding over sessions of the conference
10  shall be rotated among the principals.
11         Section 28.  Section 624.215, Florida Statutes, is
12  amended to read:
13         624.215  Proposals for legislation which mandates
14  health benefit coverage; review by Legislature.--
15         (1)  LEGISLATIVE INTENT.--The Legislature finds that
16  there is an increasing number of proposals which mandate that
17  certain health benefits be provided by insurers and health
18  maintenance organizations as components of individual and
19  group policies.  The Legislature further finds that many of
20  these benefits provide beneficial social and health
21  consequences which may be in the public interest.  However,
22  the Legislature also recognizes that most mandated benefits
23  contribute to the increasing cost of health insurance
24  premiums.  Therefore, it is the intent of the Legislature to
25  conduct a systematic review of current and proposed mandated
26  or mandatorily offered health coverages and to establish
27  guidelines for such a review.  This review will assist the
28  Legislature in determining whether mandating a particular
29  coverage is in the public interest.
30         (2)  MANDATED HEALTH COVERAGE; REPORT TO THE MANDATED
31  HEALTH INSURANCE BENEFITS AND PROVIDERS ESTIMATING CONFERENCE
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  1  AGENCY FOR HEALTH CARE ADMINISTRATION AND LEGISLATIVE
  2  COMMITTEES; GUIDELINES FOR ASSESSING IMPACT.--Every person or
  3  organization seeking consideration of a legislative proposal
  4  which would mandate a health coverage or the offering of a
  5  health coverage by an insurance carrier, health care service
  6  contractor, or health maintenance organization as a component
  7  of individual or group policies, shall submit to the Mandated
  8  Health Insurance Benefits and Providers Estimating Conference
  9  Agency for Health Care Administration and the legislative
10  committees having jurisdiction a report which assesses the
11  social and financial impacts of the proposed coverage.
12  Guidelines for assessing the impact of a proposed mandated or
13  mandatorily offered health coverage must, to the extent that
14  information is available, shall include:
15         (a)  To what extent is the treatment or service
16  generally used by a significant portion of the population.
17         (b)  To what extent is the insurance coverage generally
18  available.
19         (c)  If the insurance coverage is not generally
20  available, to what extent does the lack of coverage result in
21  persons avoiding necessary health care treatment.
22         (d)  If the coverage is not generally available, to
23  what extent does the lack of coverage result in unreasonable
24  financial hardship.
25         (e)  The level of public demand for the treatment or
26  service.
27         (f)  The level of public demand for insurance coverage
28  of the treatment or service.
29         (g)  The level of interest of collective bargaining
30  agents in negotiating for the inclusion of this coverage in
31  group contracts.
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  1         (h)  A report of the extent to which To what extent
  2  will the coverage will increase or decrease the cost of the
  3  treatment or service.
  4         (i)  A report of the extent to which To what extent
  5  will the coverage will increase the appropriate uses of the
  6  treatment or service.
  7         (j)  A report of the extent to which To what extent
  8  will the mandated treatment or service will be a substitute
  9  for a more expensive treatment or service.
10         (k)  A report of the extent to which To what extent
11  will the coverage will increase or decrease the administrative
12  expenses of insurance companies and the premium and
13  administrative expenses of policyholders.
14         (l)  A report as to the impact of this coverage on the
15  total cost of health care.
16
17  The reports required in paragraphs (h) through (l) shall be
18  reviewed by the Mandated Health Insurance Benefits and
19  Providers Estimating Conference using a certified actuary. The
20  standing committee of the Legislature which has jurisdiction
21  over the legislative proposal must request and receive a
22  report from the Mandated Health Insurance Benefits and
23  Providers Estimating Conference before the committee considers
24  the proposal. The committee may not consider a legislative
25  proposal that would mandate a health coverage or the offering
26  of a health coverage by an insurance carrier, health care
27  service contractor, or health maintenance organization until
28  after the committee's request to the Mandated Health Insurance
29  Benefits and Providers Estimating Conference has been
30  answered. As used in this section, the term "health coverage
31  mandate" includes mandating the use of a type of provider.
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  1         Section 29.  Effective January 1, 2001, a physician
  2  licensed under chapter 458, Florida Statutes, or chapter 459,
  3  Florida Statutes, or a hospital licensed under chapter 395,
  4  Florida Statutes, shall provide a consumer-assistance notice
  5  in the form of a sign that is prominently displayed in the
  6  reception area and clearly noticeable by all patients and in
  7  the form of a written statement that is given to each person
  8  to whom medical services are being provided. Such a sign or
  9  statement must state that consumer information regarding a
10  doctor, hospital, or health plan is available through a
11  toll-free number and website maintained by the Agency for
12  Health Care Administration. In addition, the sign and
13  statement must state that any complaint regarding medical
14  services received or the patient's health plan may be
15  submitted through the toll-free number. The agency, in
16  cooperation with other appropriate agencies, shall establish
17  the consumer-assistance program and provide physicians and
18  hospitals with information regarding the toll-free number and
19  website and with signs for posting in facilities at no cost to
20  the provider.
21         Section 30.  Subsection (1) of section 408.7056,
22  Florida Statutes, is amended to read:
23         408.7056  Statewide Provider and Subscriber Assistance
24  Program.--
25         (1)  As used in this section, the term:
26         (a)  "Agency" means the Agency for Health Care
27  Administration.
28         (b)  "Department" means the Department of Insurance.
29         (c)  "Grievance procedure" means an established set of
30  rules that specify a process for appeal of an organizational
31  decision.
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  1         (d)  "Health care provider" or "provider" means a
  2  state-licensed or state-authorized facility, a facility
  3  principally supported by a local government or by funds from a
  4  charitable organization that holds a current exemption from
  5  federal income tax under s. 501(c)(3) of the Internal Revenue
  6  Code, a licensed practitioner, a county health department
  7  established under part I of chapter 154, a prescribed
  8  pediatric extended care center defined in s. 400.902, a
  9  federally supported primary care program such as a migrant
10  health center or a community health center authorized under s.
11  329 or s. 330 of the United States Public Health Services Act
12  that delivers health care services to individuals, or a
13  community facility that receives funds from the state under
14  the Community Alcohol, Drug Abuse, and Mental Health Services
15  Act and provides mental health services to individuals.
16         (e)(a)  "Managed care entity" means a health
17  maintenance organization or a prepaid health clinic certified
18  under chapter 641, a prepaid health plan authorized under s.
19  409.912, or an exclusive provider organization certified under
20  s. 627.6472.
21         (f)(b)  "Panel" means a statewide provider and
22  subscriber assistance panel selected as provided in subsection
23  (11).
24         Section 31.  Section 627.654, Florida Statutes, is
25  amended to read:
26         627.654  Labor union, and association, and small
27  employer health alliance groups.--
28         (1)(a)  A group of individuals may be insured under a
29  policy issued to an association, including a labor union,
30  which association has a constitution and bylaws and not less
31  than 25 individual members and which has been organized and
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  1  has been maintained in good faith for a period of 1 year for
  2  purposes other than that of obtaining insurance, or to the
  3  trustees of a fund established by such an association, which
  4  association or trustees shall be deemed the policyholder,
  5  insuring at least 15 individual members of the association for
  6  the benefit of persons other than the officers of the
  7  association, the association or trustees.
  8         (b)  A small employer, as defined in s. 627.6699 and
  9  including the employer's eligible employees and the spouses
10  and dependents of such employees, may be insured under a
11  policy issued to a small employer health alliance by a carrier
12  as defined in s. 627.6699.  A small employer health alliance
13  must be organized as a not-for-profit corporation under
14  chapter 617. Notwithstanding any other law, if a
15  small-employer member of an alliance loses eligibility to
16  purchase health care through the alliance solely because the
17  business of the small-employer member expands to more than 50
18  and fewer than 75 eligible employees, the small-employer
19  member may, at its next renewal date, purchase coverage
20  through the alliance for not more than 1 additional year.  A
21  small employer health alliance shall establish conditions of
22  participation in the alliance by a small employer, including,
23  but not limited to:
24         1.  Assurance that the small employer is not formed for
25  the purpose of securing health benefit coverage.
26         2.  Assurance that the employees of a small employer
27  have not been added for the purpose of securing health benefit
28  coverage.
29         (2)  No such policy of insurance as defined in
30  subsection (1) may be issued to any such association or
31  alliance, unless all individual members of such association,
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  1  or all small-employer members of an alliance, or all of any
  2  class or classes thereof, are declared eligible and acceptable
  3  to the insurer at the time of issuance of the policy.
  4         (3)  Any such policy issued under paragraph (1)(a) may
  5  insure the spouse or dependent children with or without the
  6  member being insured.
  7         (4)  A single master policy issued to an association,
  8  labor union, or small-employer health alliance may include
  9  more than one health plan from the same insurer or affiliated
10  insurer group as alternatives for an employer, employee, or
11  member to select.
12         Section 32.  Paragraph (f) of subsection (2), paragraph
13  (b) of subsection (4), and subsection (6) of section 627.6571,
14  Florida Statutes, are amended to read:
15         627.6571  Guaranteed renewability of coverage.--
16         (2)  An insurer may nonrenew or discontinue a group
17  health insurance policy based only on one or more of the
18  following conditions:
19         (f)  In the case of health insurance coverage that is
20  made available only through one or more bona fide associations
21  as defined in subsection (5) or through one or more small
22  employer health alliances as described in s. 627.654(1)(b),
23  the membership of an employer in the association or in the
24  small employer health alliance, on the basis of which the
25  coverage is provided, ceases, but only if such coverage is
26  terminated under this paragraph uniformly without regard to
27  any health-status-related factor that relates to any covered
28  individuals.
29         (4)  At the time of coverage renewal, an insurer may
30  modify the health insurance coverage for a product offered:
31
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  1         (b)  In the small-group market if, for coverage that is
  2  available in such market other than only through one or more
  3  bona fide associations as defined in subsection (5) or through
  4  one or more small employer health alliances as described in s.
  5  627.654(1)(b), such modification is consistent with s.
  6  627.6699 and effective on a uniform basis among group health
  7  plans with that product.
  8         (6)  In applying this section in the case of health
  9  insurance coverage that is made available by an insurer in the
10  small-group market or large-group market to employers only
11  through one or more associations or through one or more small
12  employer health alliances as described in s. 627.654(1)(b), a
13  reference to "policyholder" is deemed, with respect to
14  coverage provided to an employer member of the association, to
15  include a reference to such employer.
16         Section 33.  Paragraph (h) of subsection (5), and
17  paragraph (a) of subsection (12) of section 627.6699, Florida
18  Statutes, are amended to read:
19         627.6699  Employee Health Care Access Act.--
20         (5)  AVAILABILITY OF COVERAGE.--
21         (h)  All health benefit plans issued under this section
22  must comply with the following conditions:
23         1.  For employers who have fewer than two employees, a
24  late enrollee may be excluded from coverage for no longer than
25  24 months if he or she was not covered by creditable coverage
26  continually to a date not more than 63 days before the
27  effective date of his or her new coverage.
28         2.  Any requirement used by a small employer carrier in
29  determining whether to provide coverage to a small employer
30  group, including requirements for minimum participation of
31  eligible employees and minimum employer contributions, must be
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  1  applied uniformly among all small employer groups having the
  2  same number of eligible employees applying for coverage or
  3  receiving coverage from the small employer carrier, except
  4  that a small employer carrier that participates in,
  5  administers, or issues health benefits pursuant to s. 381.0406
  6  which do not include a preexisting condition exclusion may
  7  require as a condition of offering such benefits that the
  8  employer has had no health insurance coverage for its
  9  employees for a period of at least 6 months.  A small employer
10  carrier may vary application of minimum participation
11  requirements and minimum employer contribution requirements
12  only by the size of the small employer group.
13         3.  In applying minimum participation requirements with
14  respect to a small employer, a small employer carrier shall
15  not consider as an eligible employee employees or dependents
16  who have qualifying existing coverage in an employer-based
17  group insurance plan or an ERISA qualified self-insurance plan
18  in determining whether the applicable percentage of
19  participation is met. However, a small employer carrier may
20  count eligible employees and dependents who have coverage
21  under another health plan that is sponsored by that employer
22  except if such plan is offered pursuant to s. 408.706.
23         4.  A small employer carrier shall not increase any
24  requirement for minimum employee participation or any
25  requirement for minimum employer contribution applicable to a
26  small employer at any time after the small employer has been
27  accepted for coverage, unless the employer size has changed,
28  in which case the small employer carrier may apply the
29  requirements that are applicable to the new group size.
30         5.  If a small employer carrier offers coverage to a
31  small employer, it must offer coverage to all the small
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  1  employer's eligible employees and their dependents.  A small
  2  employer carrier may not offer coverage limited to certain
  3  persons in a group or to part of a group, except with respect
  4  to late enrollees.
  5         6.  A small employer carrier may not modify any health
  6  benefit plan issued to a small employer with respect to a
  7  small employer or any eligible employee or dependent through
  8  riders, endorsements, or otherwise to restrict or exclude
  9  coverage for certain diseases or medical conditions otherwise
10  covered by the health benefit plan.
11         7.  An initial enrollment period of at least 30 days
12  must be provided.  An annual 30-day open enrollment period
13  must be offered to each small employer's eligible employees
14  and their dependents. A small employer carrier must provide
15  special enrollment periods as required by s. 627.65615.
16         (12)  STANDARD, BASIC, AND LIMITED HEALTH BENEFIT
17  PLANS.--
18         (a)1.  By May 15, 1993, the commissioner shall appoint
19  a health benefit plan committee composed of four
20  representatives of carriers which shall include at least two
21  representatives of HMOs, at least one of which is a staff
22  model HMO, two representatives of agents, four representatives
23  of small employers, and one employee of a small employer.  The
24  carrier members shall be selected from a list of individuals
25  recommended by the board.  The commissioner may require the
26  board to submit additional recommendations of individuals for
27  appointment.  As alliances are established under s. 408.702,
28  each alliance shall also appoint an additional member to the
29  committee.
30         2.  The committee shall develop changes to the form and
31  level of coverages for the standard health benefit plan and
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  1  the basic health benefit plan, and shall submit the forms, and
  2  levels of coverages to the department by September 30, 1993.
  3  The department must approve such forms and levels of coverages
  4  by November 30, 1993, and may return the submissions to the
  5  committee for modification on a schedule that allows the
  6  department to grant final approval by November 30, 1993.
  7         3.  The plans shall comply with all of the requirements
  8  of this subsection.
  9         4.  The plans must be filed with and approved by the
10  department prior to issuance or delivery by any small employer
11  carrier.
12         5.  After approval of the revised health benefit plans,
13  if the department determines that modifications to a plan
14  might be appropriate, the commissioner shall appoint a new
15  health benefit plan committee in the manner provided in
16  subparagraph 1. to submit recommended modifications to the
17  department for approval.
18         Section 34.  Subsection (1) of section 240.2995,
19  Florida Statutes, is amended to read:
20         240.2995  University health services support
21  organizations.--
22         (1)  Each state university is authorized to establish
23  university health services support organizations which shall
24  have the ability to enter into, for the benefit of the
25  university academic health sciences center, and arrangements
26  with other entities as providers for accountable health
27  partnerships, as defined in s. 408.701, and providers in other
28  integrated health care systems or similar entities.  To the
29  extent required by law or rule, university health services
30  support organizations shall become licensed as insurance
31  companies, pursuant to chapter 624, or be certified as health
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  1  maintenance organizations, pursuant to chapter 641.
  2  University health services support organizations shall have
  3  sole responsibility for the acts, debts, liabilities, and
  4  obligations of the organization.  In no case shall the state
  5  or university have any responsibility for such acts, debts,
  6  liabilities, and obligations incurred or assumed by university
  7  health services support organizations.
  8         Section 35.  Paragraph (a) of subsection (2) of section
  9  240.2996, Florida Statutes, is amended to read:
10         240.2996  University health services support
11  organization; confidentiality of information.--
12         (2)  The following university health services support
13  organization's records and information are confidential and
14  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.
15  I of the State Constitution:
16         (a)  Contracts for managed care arrangements, as
17  managed care is defined in s. 408.701, under which the
18  university health services support organization provides
19  health care services, including preferred provider
20  organization contracts, health maintenance organization
21  contracts, alliance network arrangements, and exclusive
22  provider organization contracts, and any documents directly
23  relating to the negotiation, performance, and implementation
24  of any such contracts for managed care arrangements or
25  alliance network arrangements. As used in this paragraph, the
26  term "managed care" means systems or techniques generally used
27  by third-party payors or their agents to affect access to and
28  control payment for health care services. Managed-care
29  techniques most often include one or more of the following:
30  prior, concurrent, and retrospective review of the medical
31  necessity and appropriateness of services or site of services;
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  1  contracts with selected health care providers; financial
  2  incentives or disincentives related to the use of specific
  3  providers, services, or service sites; controlled access to
  4  and coordination of services by a case manager; and payor
  5  efforts to identify treatment alternatives and modify benefit
  6  restrictions for high-cost patient care.
  7
  8  The exemptions in this subsection are subject to the Open
  9  Government Sunset Review Act of 1995 in accordance with s.
10  119.15 and shall stand repealed on October 2, 2001, unless
11  reviewed and saved from repeal through reenactment by the
12  Legislature.
13         Section 36.  Paragraph (b) of subsection (8) of section
14  240.512, Florida Statutes, is amended to read:
15         240.512  H. Lee Moffitt Cancer Center and Research
16  Institute.--There is established the H. Lee Moffitt Cancer
17  Center and Research Institute at the University of South
18  Florida.
19         (8)
20         (b)  Proprietary confidential business information is
21  confidential and exempt from the provisions of s. 119.07(1)
22  and s. 24(a), Art. I of the State Constitution.  However, the
23  Auditor General and Board of Regents, pursuant to their
24  oversight and auditing functions, must be given access to all
25  proprietary confidential business information upon request and
26  without subpoena and must maintain the confidentiality of
27  information so received. As used in this paragraph, the term
28  "proprietary confidential business information" means
29  information, regardless of its form or characteristics, which
30  is owned or controlled by the not-for-profit corporation or
31  its subsidiaries; is intended to be and is treated by the
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  1  not-for-profit corporation or its subsidiaries as private and
  2  the disclosure of which would harm the business operations of
  3  the not-for-profit corporation or its subsidiaries; has not
  4  been intentionally disclosed by the corporation or its
  5  subsidiaries unless pursuant to law, an order of a court or
  6  administrative body, a legislative proceeding pursuant to s.
  7  5, Art. III of the State Constitution, or a private agreement
  8  that provides that the information may be released to the
  9  public; and which is information concerning:
10         1.  Internal auditing controls and reports of internal
11  auditors;
12         2.  Matters reasonably encompassed in privileged
13  attorney-client communications;
14         3.  Contracts for managed-care arrangements, as managed
15  care is defined in s. 408.701, including preferred provider
16  organization contracts, health maintenance organization
17  contracts, and exclusive provider organization contracts, and
18  any documents directly relating to the negotiation,
19  performance, and implementation of any such contracts for
20  managed-care arrangements;
21         4.  Bids or other contractual data, banking records,
22  and credit agreements the disclosure of which would impair the
23  efforts of the not-for-profit corporation or its subsidiaries
24  to contract for goods or services on favorable terms;
25         5.  Information relating to private contractual data,
26  the disclosure of which would impair the competitive interest
27  of the provider of the information;
28         6.  Corporate officer and employee personnel
29  information;
30         7.  Information relating to the proceedings and records
31  of credentialing panels and committees and of the governing
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  1  board of the not-for-profit corporation or its subsidiaries
  2  relating to credentialing;
  3         8.  Minutes of meetings of the governing board of the
  4  not-for-profit corporation and its subsidiaries, except
  5  minutes of meetings open to the public pursuant to subsection
  6  (9);
  7         9.  Information that reveals plans for marketing
  8  services that the corporation or its subsidiaries reasonably
  9  expect to be provided by competitors;
10         10.  Trade secrets as defined in s. 688.002, including
11  reimbursement methodologies or rates; or
12         11.  The identity of donors or prospective donors of
13  property who wish to remain anonymous or any information
14  identifying such donors or prospective donors.  The anonymity
15  of these donors or prospective donors must be maintained in
16  the auditor's report.
17
18  As used in this paragraph, the term "managed care" means
19  systems or techniques generally used by third-party payors or
20  their agents to affect access to and control payment for
21  health care services. Managed-care techniques most often
22  include one or more of the following:  prior, concurrent, and
23  retrospective review of the medical necessity and
24  appropriateness of services or site of services; contracts
25  with selected health care providers; financial incentives or
26  disincentives related to the use of specific providers,
27  services, or service sites; controlled access to and
28  coordination of services by a case manager; and payor efforts
29  to identify treatment alternatives and modify benefit
30  restrictions for high-cost patient care.
31
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  1         Section 37.  Subsection (14) of section 381.0406,
  2  Florida Statutes, is amended to read:
  3         381.0406  Rural health networks.--
  4         (14)  NETWORK FINANCING.--Networks may use all sources
  5  of public and private funds to support network activities.
  6  Nothing in this section prohibits networks from becoming
  7  managed care providers, or accountable health partnerships,
  8  provided they meet the requirements for an accountable health
  9  partnership as specified in s. 408.706.
10         Section 38.  Paragraph (a) of subsection (2) of section
11  395.3035, Florida Statutes, is amended to read:
12         395.3035  Confidentiality of hospital records and
13  meetings.--
14         (2)  The following records and information of any
15  hospital that is subject to chapter 119 and s. 24(a), Art. I
16  of the State Constitution are confidential and exempt from the
17  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
18  Constitution:
19         (a)  Contracts for managed care arrangements, as
20  managed care is defined in s. 408.701, under which the public
21  hospital provides health care services, including preferred
22  provider organization contracts, health maintenance
23  organization contracts, exclusive provider organization
24  contracts, and alliance network arrangements, and any
25  documents directly relating to the negotiation, performance,
26  and implementation of any such contracts for managed care or
27  alliance network arrangements. As used in this paragraph, the
28  term "managed care" means systems or techniques generally used
29  by third-party payors or their agents to affect access to and
30  control payment for health care services. Managed-care
31  techniques most often include one or more of the following:
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  1  prior, concurrent, and retrospective review of the medical
  2  necessity and appropriateness of services or site of services;
  3  contracts with selected health care providers; financial
  4  incentives or disincentives related to the use of specific
  5  providers, services, or service sites; controlled access to
  6  and coordination of services by a case manager; and payor
  7  efforts to identify treatment alternatives and modify benefit
  8  restrictions for high-cost patient care.
  9         Section 39.  Paragraph (b) of subsection (1) of section
10  627.4301, Florida Statutes, is amended to read:
11         627.4301  Genetic information for insurance purposes.--
12         (1)  DEFINITIONS.--As used in this section, the term:
13         (b)  "Health insurer" means an authorized insurer
14  offering health insurance as defined in s. 624.603, a
15  self-insured plan as defined in s. 624.031, a
16  multiple-employer welfare arrangement as defined in s.
17  624.437, a prepaid limited health service organization as
18  defined in s. 636.003, a health maintenance organization as
19  defined in s. 641.19, a prepaid health clinic as defined in s.
20  641.402, a fraternal benefit society as defined in s. 632.601,
21  an accountable health partnership as defined in s. 408.701, or
22  any health care arrangement whereby risk is assumed.
23         Section 40.  Subsection (3) of section 408.70, and
24  sections 408.701, 408.702, 408.703, 408.704, 408.7041,
25  408.7042, 408.7045, 408.7055, and 408.706, Florida Statutes,
26  are repealed.
27         Section 41.  Paragraph (n) of subsection (3), paragraph
28  (c) of subsection (5), and paragraphs (b) and (d) of
29  subsection (6) of section 627.6699, Florida Statutes, are
30  amended to read:
31         627.6699  Employee Health Care Access Act.--
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  1         (3)  DEFINITIONS.--As used in this section, the term:
  2         (n)  "Modified community rating" means a method used to
  3  develop carrier premiums which spreads financial risk across a
  4  large population and allows adjustments for age, gender,
  5  family composition, tobacco usage, and geographic area as
  6  determined under paragraph (5)(j); claims experience, health
  7  status, or duration of coverage as permitted under
  8  subparagraph (6)(b)5.; and administrative and acquisition
  9  expenses as permitted under subparagraph (6)(b)6.
10         (5)  AVAILABILITY OF COVERAGE.--
11         (c)  Every small employer carrier must, as a condition
12  of transacting business in this state:
13         1.  Beginning July 1, 2000, January 1, 1994, offer and
14  issue all small employer health benefit plans on a
15  guaranteed-issue basis to every eligible small employer, with
16  2 3 to 50 eligible employees, that elects to be covered under
17  such plan, agrees to make the required premium payments, and
18  satisfies the other provisions of the plan. A rider for
19  additional or increased benefits may be medically underwritten
20  and may only be added to the standard health benefit plan.
21  The increased rate charged for the additional or increased
22  benefit must be rated in accordance with this section.
23         2.  Beginning August 1, 2000 April 15, 1994, offer and
24  issue basic and standard small employer health benefit plans
25  on a guaranteed-issue basis, during a 31-day open enrollment
26  period of August 1 through August 31 of each year, to every
27  eligible small employer, with less than one or two eligible
28  employees, which small employer is not formed primarily for
29  the purpose of buying health insurance and which elects to be
30  covered under such plan, agrees to make the required premium
31  payments, and satisfies the other provisions of the plan.
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  1  Coverage provided under this subparagraph shall begin on
  2  October 1 of the same year as the date of enrollment, unless
  3  the small employer carrier and the small employer agree to a
  4  different date. A rider for additional or increased benefits
  5  may be medically underwritten and may only be added to the
  6  standard health benefit plan.  The increased rate charged for
  7  the additional or increased benefit must be rated in
  8  accordance with this section. For purposes of this
  9  subparagraph, a person, his or her spouse, and his or her
10  dependent children constitute a single eligible employee if
11  that person and spouse are employed by the same small employer
12  and either that person or his or her spouse has a normal work
13  week of less than 25 hours.
14         3.  Offer to eligible small employers the standard and
15  basic health benefit plans.  This paragraph subparagraph does
16  not limit a carrier's ability to offer other health benefit
17  plans to small employers if the standard and basic health
18  benefit plans are offered and rejected.
19         (6)  RESTRICTIONS RELATING TO PREMIUM RATES.--
20         (b)  For all small employer health benefit plans that
21  are subject to this section and are issued by small employer
22  carriers on or after January 1, 1994, premium rates for health
23  benefit plans subject to this section are subject to the
24  following:
25         1.  Small employer carriers must use a modified
26  community rating methodology in which the premium for each
27  small employer must be determined solely on the basis of the
28  eligible employee's and eligible dependent's gender, age,
29  family composition, tobacco use, or geographic area as
30  determined under paragraph (5)(j) and in which the premium may
31  be adjusted as permitted by subparagraphs 5. and 6.
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  1         2.  Rating factors related to age, gender, family
  2  composition, tobacco use, or geographic location may be
  3  developed by each carrier to reflect the carrier's experience.
  4  The factors used by carriers are subject to department review
  5  and approval.
  6         3.  Small employer carriers may not modify the rate for
  7  a small employer for 12 months from the initial issue date or
  8  renewal date, unless the composition of the group changes or
  9  benefits are changed. However, a small employer carrier may
10  modify the rate one time prior to 12 months after the initial
11  issue date for a small employer who enrolls under a previously
12  issued group policy that has a common anniversary date for all
13  employers covered under the policy if:
14         a.  The carrier discloses to the employer in a clear
15  and conspicuous manner the date of the first renewal and the
16  fact that the premium may increase on or after that date.
17         b.  The insurer demonstrates to the department that
18  efficiencies in administration are achieved and reflected in
19  the rates charged to small employers covered under the policy.
20         4.  A carrier may issue a group health insurance policy
21  to a small employer health alliance or other group association
22  with rates that reflect a premium credit for expense savings
23  attributable to administrative activities being performed by
24  the alliance or group association if such expense savings are
25  specifically documented in the insurer's rate filing and are
26  approved by the department.  Any such credit may not be based
27  on different morbidity assumptions or on any other factor
28  related to the health status or claims experience of any
29  person covered under the policy. Nothing in this subparagraph
30  exempts an alliance or group association from licensure for
31  any activities that require licensure under the Insurance
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  1  Code. A carrier issuing a group health insurance policy to a
  2  small-employer health alliance or other group association
  3  shall allow any properly licensed and appointed agent of that
  4  carrier to market and sell the small-employer health alliance
  5  or other group association policy. Such agent shall be paid
  6  the usual and customary commission paid to any agent selling
  7  the policy. Carriers participating in the alliance program, in
  8  accordance with ss. 408.70-408.706, may apply a different
  9  community rate to business written in that program.
10         5.  Any adjustments in rates for claims experience,
11  health status, or duration of coverage may not be charged to
12  individual employees or dependents. For a small employer's
13  policy, such adjustments may not result in a rate for the
14  small employer which deviates more than 15 percent from the
15  carrier's approved rate. Any such adjustment must be applied
16  uniformly to the rates charged for all employees and
17  dependents of the small employer. A small employer carrier may
18  make an adjustment to a small employer's renewal premium, not
19  to exceed 10 percent annually, due to the claims experience,
20  health status, or duration of coverage of the employees or
21  dependents of the small employer. Semiannually small group
22  carriers shall report information on forms adopted by rule by
23  the department to enable the department to monitor the
24  relationship of aggregate adjusted premiums actually charged
25  policyholders by each carrier to the premiums that would have
26  been charged by application of the carrier's approved modified
27  community rates. If the aggregate resulting from the
28  application of such adjustment exceeds the premium that would
29  have been charged by application of the approved modified
30  community rate by 5 percent for the current reporting period,
31  the carrier shall limit the application of such adjustments
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  1  only to minus adjustments beginning not more than 60 days
  2  after the report is sent to the department. For any subsequent
  3  reporting period, if the total aggregate adjusted premium
  4  actually charged does not exceed the premium that would have
  5  been charged by application of the approved modified community
  6  rate by 5 percent, the carrier may apply both plus and minus
  7  adjustments. A small employer carrier may provide a credit to
  8  a small employer's premium based on administrative and
  9  acquisition expense differences resulting from the size of the
10  group. Group size administrative and acquisition expense
11  factors may be developed by each carrier to reflect the
12  carrier's experience and are subject to department review and
13  approval.
14         6.  A small employer carrier rating methodology may
15  include separate rating categories for one dependent child,
16  for two dependent children, and for three or more dependent
17  children for family coverage of employees having a spouse and
18  dependent children or employees having dependent children
19  only. A small employer carrier may have fewer, but not
20  greater, numbers of categories for dependent children than
21  those specified in this subparagraph.
22         7.  Small employer carriers may not use a composite
23  rating methodology to rate a small employer with fewer than 10
24  employees. For the purposes of this subparagraph, a "composite
25  rating methodology" means a rating methodology that averages
26  the impact of the rating factors for age and gender in the
27  premiums charged to all of the employees of a small employer.
28         (d)  Notwithstanding s. 627.401(2), this section and
29  ss. 627.410 and 627.411 apply to any health benefit plan
30  provided by a small employer carrier that is an insurer, and
31  this section and s. 641.31 apply to any health benefit
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  1  provided by a small employer carrier that is a health
  2  maintenance organization that provides coverage to one or more
  3  employees of a small employer regardless of where the policy,
  4  certificate, or contract is issued or delivered, if the health
  5  benefit plan covers employees or their covered dependents who
  6  are residents of this state.
  7         Section 42.  Section 641.201, Florida Statutes, is
  8  amended to read:
  9         641.201  Applicability of other laws.--Except as
10  provided in this part, health maintenance organizations shall
11  be governed by the provisions of this part and part III of
12  this chapter and shall be exempt from all other provisions of
13  the Florida Insurance Code except those provisions of the
14  Florida Insurance Code that are explicitly made applicable to
15  health maintenance organizations.
16         Section 43.  Section 641.234, Florida Statutes, is
17  amended to read:
18         641.234  Administrative, provider, and management
19  contracts.--
20         (1)  The department may require a health maintenance
21  organization to submit any contract for administrative
22  services, contract with a provider other than an individual
23  physician, contract for management services, and contract with
24  an affiliated entity to the department.
25         (2)  After review of a contract the department may
26  order the health maintenance organization to cancel the
27  contract in accordance with the terms of the contract and
28  applicable law if it determines:
29         (a)  That the fees to be paid by the health maintenance
30  organization under the contract are so unreasonably high as
31  compared with similar contracts entered into by the health
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  1  maintenance organization or as compared with similar contracts
  2  entered into by other health maintenance organizations in
  3  similar circumstances that the contract is detrimental to the
  4  subscribers, stockholders, investors, or creditors of the
  5  health maintenance organization; or.
  6         (b)  That the contract is with an entity that is not
  7  licensed under state statutes, if such license is required, or
  8  is not in good standing with the applicable regulatory agency.
  9         (3)  All contracts for administrative services,
10  management services, provider services other than individual
11  physician contracts, and with affiliated entities entered into
12  or renewed by a health maintenance organization on or after
13  October 1, 1988, shall contain a provision that the contract
14  shall be canceled upon issuance of an order by the department
15  pursuant to this section.
16         Section 44.  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 45.  Section 641.226, Florida Statutes, is
  2  created to read:
  3         641.226  Application of federal solvency requirements
  4  to provider-sponsored organizations.--The solvency
  5  requirements of sections 1855 and 1856 of the Balanced Budget
  6  Act of 1997 and rules adopted by the Secretary of the United
  7  States Department of Health and Human Services apply to a
  8  health maintenance organization that is a provider-sponsored
  9  organization rather than the solvency requirements of this
10  part. However, if the provider-sponsored organization does not
11  meet the solvency requirements of this part, the organization
12  is limited to the issuance of Medicare+Choice plans to
13  eligible individuals. For the purposes of this section, the
14  terms "Medicare+Choice plans," "provider-sponsored
15  organizations," and "solvency requirements" have the same
16  meaning as defined in the federal act and federal rules and
17  regulations.
18         Section 46.  Section 641.39, Florida Statutes, is
19  created to read:
20         641.39  Soliciting or accepting new or renewal health
21  maintenance contracts by insolvent or impaired health
22  maintenance organization prohibited; penalty.--
23         (1)  Whether or not delinquency proceedings as to a
24  health maintenance organization have been or are to be
25  initiated, a director or officer of a health maintenance
26  organization, except with the written permission of the
27  Department of Insurance, may not authorize or permit the
28  health maintenance organization to solicit or accept new or
29  renewal health maintenance contracts or provider contracts in
30  this state after the director or officer knew, or reasonably
31  should have known, that the health maintenance organization
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  1  was insolvent or impaired. As used in this section, the term
  2  "impaired" means that the health maintenance organization does
  3  not meet the requirements of s. 641.225.
  4         (2)  Any director or officer who violates this section
  5  is guilty of a felony of the third degree, punishable as
  6  provided in s. 775.082, s. 775.083, or s. 775.084.
  7         Section 47.  Section 641.2011, Florida Statutes, is
  8  created to read:
  9         641.2011  Insurance holding companies.--Part IV of
10  chapter 628 applies to health maintenance organizations
11  licensed under part I of chapter 641.
12         Section 48.  Section 641.275, Florida Statutes, is
13  created to read:
14         641.275  Subscriber's rights under health maintenance
15  contracts; required notice.--
16         (1)  It is the intent of the Legislature that the
17  rights of subscribers who are covered under health maintenance
18  organization contracts be recognized and summarized in a
19  statement of subscriber rights. An organization may not
20  require a subscriber to waive his or her rights as a condition
21  of coverage or treatment and must operate in conformity with
22  such rights.
23         (2)  Each organization must provide subscribers with a
24  copy of their rights as set forth in this section, in such
25  form as approved by the department.
26         (3)  An organization shall:
27         (a)  Ensure that health care services provided to
28  subscribers are rendered under reasonable standards of quality
29  of care consistent with the prevailing standards of medical
30  practice in the community, as required by s. 641.51;
31
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  1         (b)  Have a quality assurance program for health care
  2  services, as required by s. 641.51;
  3         (c)  Not modify the professional judgment of a
  4  physician unless the course of treatment is inconsistent with
  5  the prevailing standards of medical practice in the community,
  6  as required by s. 641.51;
  7         (d)  Not restrict a provider's ability to communicate
  8  information to the subscriber/patient regarding medical care
  9  options that are in the best interest of the
10  subscriber/patient, as required by s. 641.315(8);
11         (e)  Provide for standing referrals to specialists for
12  subscribers with chronic and disabling conditions, as required
13  by s. 641.51;
14         (f)  Allow a female subscriber to select an
15  obstetrician/gynecologist as her primary care physician, as
16  required by s. 641.19(13)(e);
17         (g)  Provide direct access, without prior
18  authorization, for a female subscriber to visit a
19  obstetrician/gynecologist, as required by s. 641.51(10);
20         (h)  Provide direct access, without prior
21  authorization, to a dermatologist, as required by s.
22  641.31(33);
23         (i)  Not limit coverage for the length of stay in a
24  hospital for a mastectomy for any time period that is less
25  than that determined to be medically necessary by the treating
26  physician, as required by s. 641.31(33);
27         (j)  Not limit coverage for the length of a maternity
28  or newborn stay in a hospital or for follow-up care outside
29  the hospital to any time period less than that determined to
30  be medically necessary by the treating provider, as required
31  by s. 641.31(18);
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  1         (k)  Not exclude coverage for bone marrow transplant
  2  procedures determined by the Agency for Health Care
  3  Administration to not be experimental, as required by s.
  4  627.4236;
  5         (l)  Not exclude coverage for drugs on the ground that
  6  the drug is not approved by the U.S. Food and Drug
  7  Administration, as required by s. 627.4239;
  8         (m)  Give the subscriber the right to a second medical
  9  opinion as required by s. 641.51(4);
10         (n)  Allow subscribers to continue treatment from a
11  provider after the provider's contract with the organization
12  has been terminated, as required by s. 641.51(7);
13         (o)  Establish a procedure for resolving subscriber
14  grievances, including review of adverse determinations by the
15  organization and expedited review of urgent subscriber
16  grievances, as required by s. 641.511;
17         (p)  Notify subscribers of the right to an independent
18  external review of grievances not resolved by the
19  organization, as required by s. 408.7056;
20         (q)  Provide, without prior authorization, coverage for
21  emergency services and care, as required by s. 641.513;
22         (r)  Not require or solicit genetic information or use
23  genetic test results for any insurance purposes, as required
24  by s. 627.4310;
25         (s)  Promptly pay or deny claims as required by s.
26  641.3155;
27         (t)  Provide information to subscribers regarding
28  benefits, limitations, resolving grievances, emergency
29  services and care, treatment by non-contract providers, list
30  of contract providers, authorization and referral process, the
31  process used to determine whether services are medically
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  1  necessary, quality assurance program, prescription drug
  2  benefits and use of a drug formulary, confidentiality and
  3  disclosure of medical records, process of determining
  4  experimental or investigational medical treatments, and
  5  process used to examine qualifications of contract providers,
  6  as required by ss. 641.31, 641.495, and 641.54.
  7         (4)  The statement of rights in subsection (3) is a
  8  summary of selected requirements for organizations contained
  9  in other sections of the Florida Statutes. This section does
10  not alter the requirements of such other sections.
11         (5)(a)  The department may impose a fine against a
12  health maintenance organization for a violation of this
13  section which refers to a section in this part or in chapter
14  627. Such fines shall be in the amounts specified in s.
15  641.25.
16         (b)  The agency may impose a fine against a health
17  maintenance organization for a violation of this section which
18  refers to a section in part III of this chapter or in chapter
19  408. Such fines shall be in the amounts specified in s.
20  641.52.
21         Section 49.  Section 641.28, Florida Statutes, is
22  amended to read:
23         641.28  Civil remedy.--
24         (1)  In any civil action brought to enforce the terms
25  and conditions of a health maintenance organization contract:
26         (a)  If the civil action is filed before or within 60
27  days after the subscriber or enrollee filed a notice of intent
28  to sue with the statewide provider and subscriber assistance
29  program established pursuant to s. 408.7056 or a notice
30  pursuant to s. 641.3917, the prevailing party is entitled to
31  recover reasonable attorney's fees and court costs.
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  1         (b)  If the civil action is filed more than 60 days
  2  after the subscriber or enrollee filed a notice of intent to
  3  sue with the statewide provider and subscriber assistance
  4  program established pursuant to s. 408.7056 or a notice
  5  pursuant to s. 641.3917, and the subscriber or enrollee
  6  receives a final judgment or decree against the health
  7  maintenance organization in favor of the subscriber or
  8  enrollee, the court shall enter a judgment or decree against
  9  the health maintenance organization in favor of the subscriber
10  or enrollee for reasonable attorney's fees and court costs.
11         (2)  This section shall not be construed to authorize a
12  civil action against the department, its employees, or the
13  Insurance Commissioner or against the Agency for Health Care
14  Administration, its employees, or the director of the agency.
15         Section 50.  Paragraphs (c), (d), and (e) are added to
16  subsection (10) of section 641.3903, Florida Statutes, and
17  subsection (15) is added to that section, to read:
18         641.3903  Unfair methods of competition and unfair or
19  deceptive acts or practices defined.--The following are
20  defined as unfair methods of competition and unfair or
21  deceptive acts or practices:
22         (10)  ILLEGAL DEALINGS IN PREMIUMS; EXCESS OR REDUCED
23  CHARGES FOR HEALTH MAINTENANCE COVERAGE.--
24         (c)  Cancelling or otherwise terminating any health
25  maintenance contract or coverage, or requiring execution of a
26  consent to rate endorsement, during the stated contract term
27  for the purpose of offering to issue, or issuing, a similar or
28  identical contract to the same subscriber or enrollee with the
29  same exposure at a higher premium rate or continuing an
30  existing contract with the same exposure at an increased
31  premium.
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  1         (d)  Issuing a nonrenewal notice on any health
  2  maintenance organization contract, or requiring execution of a
  3  consent to rate endorsement, for the purpose of offering to
  4  issue, or issuing, a similar or identical contract to the same
  5  subscriber or enrollee at a higher premium rate or continuing
  6  an existing contract at an increased premium without meeting
  7  any applicable notice requirements.
  8         (e)  Cancelling or issuing a nonrenewal notice on any
  9  health maintenance organization contract without complying
10  with any applicable cancellation or nonrenewal provision
11  required under the Florida Insurance Code.
12         (15)  REFUSAL TO COVER.--In addition to other
13  provisions of this code, the refusal to cover, or continue to
14  cover, any individual solely because of:
15         (a)  Race, color, creed, marital status, sex, or
16  national origin;
17         (b)  The residence, age, or lawful occupation of the
18  individual, unless there is a reasonable relationship between
19  the residence, age, or lawful occupation of the individual and
20  the coverage issued or to be issued; or
21         (c)  The fact that the enrollee or applicant had been
22  previously refused insurance coverage or health maintenance
23  organization coverage by any insurer or health maintenance
24  organization when such refusal to cover or continue to cover
25  for this reason occurs with such frequency as to indicate a
26  general business practice.
27         Section 51.  Section 641.3917, Florida Statutes, is
28  amended to read:
29         641.3917  Civil liability.--The provisions of this part
30  are cumulative to rights under the general civil and common
31
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  1  law, and no action of the department shall abrogate such
  2  rights to damage or other relief in any court.
  3         (1)  Any person to whom a duty is owed may bring a
  4  civil action against a health maintenance organization when
  5  such person suffers damages as a result of:
  6         (a)  A violation of s. 641.3903(5)(a), (b), (c)1.-7.,
  7  (10), or (15) by the health maintenance organization; or
  8         (b)  The health maintenance organization's failure to
  9  provide a covered service when in good faith the health
10  maintenance organization should have provided the service if
11  it had acted fairly and honestly toward its subscriber or
12  enrollee and with due regard for his or her interests and, in
13  the independent medical judgment of a contract treating
14  physician or other physician authorized by the health
15  maintenance organization, the service is medically necessary.
16
17  However, a person pursuing a remedy under this section need
18  not prove that such acts were committed or performed with such
19  frequency as to indicate a general business practice.
20         (2)(a)  As a condition precedent to bringing an action
21  under this section, the department and the health maintenance
22  organization must have been given 60 days' written notice of
23  the violation.  If the department returns a notice for lack of
24  specificity, the 60-day time period does not begin until a
25  proper notice is filed.
26         (b)  The notice must be on a form provided by the
27  department and must state with specificity the following
28  information and such other information as the department
29  requires:
30
31
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  1         1.  The provision of law, including the specific
  2  language of the law, which the health maintenance organization
  3  has allegedly violated.
  4         2.  The facts and circumstances giving rise to the
  5  violation.
  6         3.  The name of any individual involved in the
  7  violation.
  8         4.  Any reference to specific contract language that is
  9  relevant to the violation.
10         5.  A statement that the notice is given in order to
11  perfect the right to pursue the civil remedy authorized by
12  this section.
13         (c)  Within 20 days after receipt of the notice, the
14  department may return any notice that does not provide the
15  specific information required by this section, and the
16  department shall indicate the specific deficiencies contained
17  in the notice.  A determination by the department to return a
18  notice for lack of specificity is exempt from the requirements
19  of chapter 120.
20         (d)  No action shall lie under this section if, within
21  60 days after filing notice, the damages are paid or the
22  circumstances giving rise to the violation are corrected.
23         (e)  The health maintenance organization that is the
24  recipient of a notice filed under this section shall report to
25  the department on the disposition of the alleged violation.
26         (f)  The applicable statute of limitations for an
27  action under this section shall be tolled for a period of 65
28  days by the mailing of the notice required by this subsection
29  or the mailing of a subsequent notice required by this
30  subsection.
31
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  1         (3)  Upon adverse adjudication at trial or upon appeal,
  2  the health maintenance organization is liable for damages,
  3  together with court costs and reasonable attorney's fees,
  4  incurred by the plaintiff.
  5         (4)  Punitive damages shall not be awarded under this
  6  section unless the acts giving rise to the violation occur
  7  with such frequency as to indicate a general business practice
  8  and are either willful, wanton, and malicious or are in
  9  reckless disregard for the rights of any subscriber or
10  enrollee.  Any person who pursues a claim under this
11  subsection shall post, in advance, the costs of discovery.
12  Such costs shall be awarded to the health maintenance
13  organization if no punitive damages are awarded to the
14  plaintiff.
15         (5)  This section shall not be construed to authorize a
16  class action suit against a health maintenance organization or
17  a civil action against the department, its employees, or the
18  Insurance Commissioner, or against the Agency for Health Care
19  Administration, its employees, or the director of the agency
20  or to create a cause of action when a health maintenance
21  organization refuses to pay a claim for reimbursement on the
22  grounds that the charge for a service was unreasonably high or
23  that the service provided was not medically necessary.
24         (6)(a)  The civil remedy specified in this section does
25  not preempt any other remedy or cause of action provided for
26  pursuant to any other law or pursuant to the common law of
27  this state.  Any person may obtain a judgment under either the
28  common law remedy of bad faith or the remedy provided in this
29  section, but is not entitled to a judgment under both
30  remedies.  This section does not create a common law cause of
31  action.  The damages recoverable under this section include
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  1  damages that are a reasonably foreseeable result of a
  2  specified violation of this section by the health maintenance
  3  organization and may include an award or judgment in an amount
  4  that exceeds contract limits.
  5         (b)  This section does not create a cause of action for
  6  medical malpractice. Such an action is subject to the
  7  provisions of chapter 766.
  8         (c)  This section does not apply to the provision of
  9  medical care, treatment, or attendance pursuant to chapter
10  440.
11         Section 52.  Subsection (4) of section 440.11, Florida
12  Statutes, is amended to read:
13         440.11  Exclusiveness of liability.--
14         (4)  Notwithstanding the provisions of s. 624.155 or s.
15  641.3917, the liability of a carrier or a health maintenance
16  organization to an employee or to anyone entitled to bring
17  suit in the name of the employee shall be as provided in this
18  chapter, which shall be exclusive and in place of all other
19  liability.
20         Section 53.  The Legislature finds that the provisions
21  of this act will fulfill an important state interest.
22         Section 54.  The sum of $112,000 is appropriated from
23  the Insurance Commissioner's Regulatory Trust Fund to the
24  Department of Insurance and three positions are authorized for
25  the purposes of carrying out the provisions of sections 49
26  through 52 of this act.
27         Section 55.  Subsection (39) is added to section
28  641.31, Florida Statutes, to read:
29         641.31  Health maintenance contracts.--
30         (39)  A health maintenance organization contract may
31  not prohibit or restrict a subscriber from receiving
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  1  in-patient services in a contracted hospital from a contracted
  2  primary care or admitting physician if such services are
  3  determined by the organization to be medically necessary and
  4  covered services under the organization's contract with the
  5  contract holder.
  6         Section 56.  Subsection (11) is added to section
  7  641.315, Florida Statutes, to read:
  8         641.315  Provider contracts.--
  9         (11)  A contract between a health maintenance
10  organization and a contracted primary-care or admitting
11  physician may not contain any provision that prohibits such
12  physician from providing in-patient services in a contracted
13  hospital to a subscriber if such services are determined by
14  the organization to be medically necessary and covered
15  services under the organization's contract with the contract
16  holder.
17         Section 57.  Subsection (5) is added to section
18  641.3155, Florida Statutes, to read:
19         641.3155  Provider contracts; payment of claims.--
20         (5)  A health maintenance organization shall pay a
21  contracted primary-care or admitting physician, pursuant to
22  such physician's contract, for providing in-patient services
23  in a contracted hospital to a subscriber, if such services are
24  determined by the organization to be medically necessary and
25  covered services under the organization's contract with the
26  contract holder.
27         Section 58.  Present subsections (4), (5), (6), (7),
28  (8), (9), and (10) of section 641.51, Florida Statutes, are
29  redesignated as subsections (5), (6), (7), (8), (9), (10), and
30  (11), respectively, and a new subsection (4) is added to that
31  section to read:
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  1         641.51  Quality assurance program; second medical
  2  opinion requirement.--
  3         (4)  The organization shall ensure that only a
  4  physician licensed under chapter 458 or chapter 459; or an
  5  M.D. or D.O. physician with an active, unencumbered license in
  6  another state with similar licensing requirements may render
  7  an adverse determination regarding a service provided by a
  8  physician licensed in this state. The organization shall
  9  submit to the treating provider and the subscriber written
10  notification regarding the organization's adverse
11  determination within 2 working days after the subscriber or
12  provider is notified of the adverse determination. The written
13  notification must include the utilization review criteria or
14  benefits provisions used in the adverse determination,
15  identify the physician who rendered the adverse determination,
16  and be signed by an authorized representative of the
17  organization or the physician who renders the adverse
18  determination. The organization must include with the
19  notification of an adverse determination information
20  concerning the appeal process for adverse determinations.
21         Section 59.  This act shall take effect July 1, 2000,
22  and apply to contracts issued or renewed on or after that
23  date, except as otherwise provided in this act and except that
24  the amendment to section 395.701, Florida Statutes, by this
25  act shall take effect only upon the receipt by the Agency for
26  Health Care Administration of written confirmation from the
27  federal Health Care Financing Administration that the changes
28  contained in such amendment will not adversely affect the use
29  of the remaining assessments as state match for the state's
30  Medicaid program.
31
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                CS/CS/SB 2154, CS/SB 1900 & SB 282
  3
  4  Clarifies that provisions of the Insurance Code that
    specifically apply to health maintenance organizations, do
  5  apply to health maintenance organizations, even though they
    are not contained in chapter 641.
  6
    Provides that the Department of Insurance may terminate a
  7  health maintenance organization contract with a third party if
    the contract is with an entity that is not licensed under
  8  state law, if such license is required, or is not in good
    standing with the applicable regulatory agency.
  9
    Makes it a third-degree felony for an officer or director of a
10  health maintenance organization to accept new or renewal
    subscriber contracts if the health maintenance organization is
11  insolvent or impaired (which is current law for officers and
    directors of an insurance company).
12
    Requires the Mandated Health Insurance Benefits and Providers
13  Estimating Conference to use a certified actuary in reviewing
    required reports rather than requiring each report submitted
14  to be prepared by a certified actuary.
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