Senate Bill 2612

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    Florida Senate - 2000                                  SB 2612

    By Senator Sebesta





    20-1461-00

  1                      A bill to be entitled

  2         An act relating to health care; amending s.

  3         216.136, F.S.; creating the Mandated Health

  4         Insurance Benefits and Providers Estimating

  5         Conference; providing for membership and duties

  6         of the conference; providing duties of

  7         legislative committees that have jurisdiction

  8         over health insurance matters; amending s.

  9         395.1055, 400.474, 455.624, F.S.; prohibiting

10         billing an HMO subscriber for services covered

11         by the HMO; providing responsibility for

12         enforcing that prohibition against physicians

13         and against hospitals and nursing homes;

14         amending s. 408.7056, F.S.; amending the

15         membership of the statewide provider and

16         subscriber assistance panel; providing that

17         certain decisions are subject to a review

18         hearing under s. 120.574, F.S.; requiring

19         physicians and hospitals to post a sign and

20         provide a statement informing patients about

21         the toll-free health care hotline; amending s.

22         624.215, F.S.; providing that certain

23         legislative proposals must be submitted to and

24         assessed by the Mandated Health Insurance

25         Benefits and Providers Estimating Conference,

26         rather than the Agency for Health Care

27         Administration; amending guidelines for

28         assessing the impact of a proposal to

29         legislatively mandate certain health coverage;

30         providing prerequisites to legislative

31         consideration of such proposals; amending s.

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  1         641.50, F.S.; providing a health maintenance

  2         organization subscriber's bill of benefits;

  3         consolidating  principles of protection found

  4         in the law, including those relating to quality

  5         of care and access to care; amending s. 641.51,

  6         F.S.; requiring that only licensed medical

  7         doctors can deny coverage on behalf of an HMO;

  8         providing the basis for such a denial;

  9         requiring the HMO to include with the

10         notification of an adverse determination

11         information concerning the appeal process;

12         amending s. 641.511, F.S.; providing for review

13         by an independent external review entity of an

14         HMO's decision to deny coverage; providing

15         qualifications of such entities; providing

16         rulemaking authority; allowing small-employer

17         carriers to exclude certain mandated health

18         benefits from a health insurance policy,

19         certificate, or contract; requiring reduced

20         rates on policies, certificates, or contracts

21         that bear such exclusions; requiring a notice

22         to holders of such policies, certificates, or

23         contracts; providing an effective date.

24

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

26

27         Section 1.  Subsection (12) is added to section

28  216.136, Florida Statutes, to read:

29         216.136  Consensus estimating conferences; duties and

30  principals.--

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  1         (12)  MANDATED HEALTH INSURANCE BENEFITS AND PROVIDERS

  2  ESTIMATING CONFERENCE.--

  3         (a)  Duties.--The Mandated Health Insurance Benefits

  4  and Providers Estimating Conference shall:

  5         1.  Develop and maintain, with the Agency for Health

  6  Care Administration, a system and program of data collection

  7  to assess the impact of mandated benefits and providers,

  8  including costs to employers and insurers, impact of

  9  treatment, cost savings in the health care system, number of

10  providers, and other appropriate data.

11         2.  Prescribe the format, content, and timing of

12  information that is to be submitted to the conference and used

13  by the conference in its assessment of proposed and existing

14  mandated benefits and providers. Such format, content, and

15  timing requirements are binding upon all parties submitting

16  information to the conference for use in its assessment of

17  proposed and existing mandated benefits and providers.

18         3.  Provide assessments of proposed and existing

19  mandated benefits and providers and other studies of mandated

20  benefits and provider issues as requested by the Legislature

21  or the Governor. When a legislative measure containing a

22  mandated health insurance benefit or provider is proposed, the

23  standing committee of the Legislature which has jurisdiction

24  over the proposal shall request that the conference prepare

25  and forward to the Governor and the Legislature a study that

26  provides, for each measure, a cost-benefit analysis that

27  assesses the social and financial impact and the medical

28  efficacy according to prevailing medical standards of the

29  proposed mandate. The conference has 12 months after the

30  committee makes its request in which to complete and submit

31  the conference's report. The standing committee may not

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  1  consider such a proposed legislative measure until 12 months

  2  after it has requested the report and has received the

  3  conference's report on the measure.

  4         4.  The standing committees of the Legislature which

  5  have jurisdiction over health insurance matters shall request

  6  that the conference assess the social and financial impact and

  7  the medical efficacy of existing mandated benefits and

  8  providers. The committees shall submit to the conference by

  9  January 1, 2001, a schedule of evaluations that sets forth the

10  respective dates by which the conference must have completed

11  its evaluations of particular existing mandates.

12         (b)  Principals.--The Executive Office of the Governor,

13  the Insurance Commissioner, the Agency for Health Care

14  Administration, the Director of the Division of Economic and

15  Demographic Research of the Joint Legislative Management

16  Committee, and professional staff of the Senate and the House

17  of Representatives who have health insurance expertise, or

18  their designees, are the principals of the Mandated Health

19  Insurance Benefits and Providers Estimating Conference. The

20  responsibility of presiding over sessions of the conference

21  shall be rotated among the principals.

22         Section 2.  Paragraph (j) is added to subsection (1) of

23  section 395.1055, Florida Statutes, to read:

24         395.1055  Rules and enforcement.--

25         (1)  The agency shall adopt rules pursuant to ss.

26  120.536(1) and 120.54 to implement the provisions of this

27  part, which shall include reasonable and fair minimum

28  standards for ensuring that:

29         (j)  A facility does not collect or attempt to collect

30  from a health maintenance organization subscriber any money

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  1  for services covered by the subscriber's contract with the

  2  health maintenance organization.

  3         Section 3.  Paragraph (d) is added to subsection (2) of

  4  section 400.474, Florida Statutes, to read:

  5         400.474  Denial, suspension, revocation of license;

  6  injunction; grounds; penalties.--

  7         (2)  Any of the following actions by a home health

  8  agency or its employee is grounds for disciplinary action by

  9  the agency:

10         (d)  Violation of s. 641.351(3) prohibiting balance

11  billing of subscribers of health maintenance organizations.

12         Section 4.  Subsections (2) and (11) of section

13  408.7056, Florida Statutes, are amended, present subsection

14  (15) of that section is redesignated as subsection (16), and a

15  new subsection (15) is added to that section, to read:

16         408.7056  Statewide Provider and Subscriber Assistance

17  Program.--

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

19  provide assistance to subscribers and providers, including

20  those whose grievances are not resolved by the managed care

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

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

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

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

25  should be taken concerning individual cases heard by the

26  panel. The panel shall hear every grievance filed by

27  subscribers and providers on behalf of subscribers, unless the

28  grievance:

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

30  accept a provider into its network of providers;

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

  2  managed care entity or a reconsideration appeal through the

  3  Medicare appeals process which does not involve a quality of

  4  care issue;

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

  6  state such as an administrative services organization,

  7  third-party administrator, or federal employee health benefit

  8  program;

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

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

11  plan;

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

13  42 C.F.R. ss. 431.220 et seq.;

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

15  federal court;

16         (g)  Is related to an appeal by nonparticipating

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

18  subscriber by the managed care entity and the provider is

19  involved in the care provided to the subscriber;

20         (h)  Was filed before the subscriber or provider

21  completed the entire internal grievance procedure of the

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

23  its timeframes for completing the internal grievance

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

25  do not apply;

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

27  subscriber or provider who filed the grievance, unless the

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

29  indicative of a pattern of inappropriate behavior;

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

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

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  1  accrued interest on unpaid balances, court costs, and

  2  transportation costs associated with a grievance procedure;

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

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

  5  managed care entity which constitute grounds for disciplinary

  6  action by the appropriate professional licensing board and is

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

  8  agency or department has reported these grievances to the

  9  appropriate professional licensing board or to the health

10  facility regulation section of the agency for possible

11  investigation; or

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

13  Failure of the subscriber or the provider to attend the

14  hearing shall be considered a withdrawal of the grievance; or.

15         (m)  Is related to an adverse determination based on

16  medical necessity which is made by an approved independent

17  external review entity.

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

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

20  their respective agencies; a consumer appointed by the

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

22  member; attorneys who have expertise relating to contract law,

23  on a rotating basis; and physicians who have expertise

24  relevant to the case to be heard, on a rotating basis. The

25  agency may contract with a medical director and a primary care

26  physician who shall provide additional technical expertise to

27  the panel.  The medical director shall be selected from a

28  health maintenance organization with a current certificate of

29  authority to operate in Florida.

30         (15)  A decision by the agency or department to not

31  require the managed care entity to take a specific action

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  1  under subsection (7) is subject to a summary hearing in

  2  accordance with s. 120.574, unless all of the parties agree

  3  otherwise.

  4         Section 5.  Paragraph (y) is added to subsection (1) of

  5  section 455.624, Florida Statutes, to read:

  6         455.624  Grounds for discipline; penalties;

  7  enforcement.--

  8         (1)  The following acts shall constitute grounds for

  9  which the disciplinary actions specified in subsection (2) may

10  be taken:

11         (y)  Collecting or attempting to collect from a

12  subscriber of a health maintenance organization any money for

13  services covered by the subscriber's contract with a health

14  maintenance organization.

15         Section 6.  A physician licensed under chapter 458 or

16  chapter 459 or a hospital licensed under chapter 395 shall

17  provide a consumer-assistance notice in the form of a sign

18  that is prominently displayed in the reception area and

19  clearly noticeable by all patients and in the form of a

20  written statement that is given to each person to whom medical

21  services are being provided. Such a sign or statement must

22  state that consumer information regarding a doctor, hospital,

23  or health plan is available through a toll-free number and

24  website maintained by the Agency for Health Care

25  Administration. In addition, the sign and statement must state

26  that any complaint regarding medical services received or the

27  patient's health plan may be submitted through the toll-free

28  number. The agency, in cooperation with other appropriate

29  agencies, shall establish the consumer-assistance program and

30  provide physicians and hospitals with information regarding

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  1  the toll-free number and website and with signs for posting in

  2  facilities at no cost to the provider.

  3         Section 7.  Section 624.215, Florida Statutes, is

  4  amended to read:

  5         624.215  Proposals for legislation which mandates

  6  health benefit coverage; review by Legislature.--

  7         (1)  LEGISLATIVE INTENT.--The Legislature finds that

  8  there is an increasing number of proposals which mandate that

  9  certain health benefits be provided by insurers and health

10  maintenance organizations as components of individual and

11  group policies.  The Legislature further finds that many of

12  these benefits provide beneficial social and health

13  consequences which may be in the public interest.  However,

14  the Legislature also recognizes that most mandated benefits

15  contribute to the increasing cost of health insurance

16  premiums.  Therefore, it is the intent of the Legislature to

17  conduct a systematic review of current and proposed mandated

18  or mandatorily offered health coverages and to establish

19  guidelines for such a review.  This review will assist the

20  Legislature in determining whether mandating a particular

21  coverage is in the public interest.

22         (2)  MANDATED HEALTH COVERAGE; REPORT TO THE MANDATED

23  HEALTH INSURANCE BENEFITS AND PROVIDERS ESTIMATING CONFERENCE

24  AGENCY FOR HEALTH CARE ADMINISTRATION AND LEGISLATIVE

25  COMMITTEES; GUIDELINES FOR ASSESSING IMPACT.--Every person or

26  organization seeking consideration of a legislative proposal

27  which would mandate a health coverage or the offering of a

28  health coverage by an insurance carrier, health care service

29  contractor, or health maintenance organization as a component

30  of individual or group policies, shall submit to the Mandated

31  Health Insurance Benefits and Providers Estimating Conference

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  1  Agency for Health Care Administration and the legislative

  2  committees having jurisdiction a report which assesses the

  3  social and financial impacts of the proposed coverage.

  4  Guidelines for assessing the impact of a proposed mandated or

  5  mandatorily offered health coverage must, to the extent that

  6  information is available, shall include:

  7         (a)  To what extent is the treatment or service

  8  generally used by a significant portion of the population.

  9         (b)  To what extent is the insurance coverage generally

10  available.

11         (c)  If the insurance coverage is not generally

12  available, to what extent does the lack of coverage result in

13  persons avoiding necessary health care treatment.

14         (d)  If the coverage is not generally available, to

15  what extent does the lack of coverage result in unreasonable

16  financial hardship.

17         (e)  The level of public demand for the treatment or

18  service.

19         (f)  The level of public demand for insurance coverage

20  of the treatment or service.

21         (g)  The level of interest of collective bargaining

22  agents in negotiating for the inclusion of this coverage in

23  group contracts.

24         (h)  A report, prepared by a certified actuary, of the

25  extent to which To what extent will the coverage will increase

26  or decrease the cost of the treatment or service.

27         (i)  A report, prepared by a certified actuary, of the

28  extent to which To what extent will the coverage will increase

29  the appropriate uses of the treatment or service.

30         (j)  A report, prepared by a certified actuary, of the

31  extent to which To what extent will the mandated treatment or

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  1  service will be a substitute for a more expensive treatment or

  2  service.

  3         (k)  A report, prepared by a certified actuary, of the

  4  extent to which To what extent will the coverage will increase

  5  or decrease the administrative expenses of insurance companies

  6  and the premium and administrative expenses of policyholders.

  7         (l)  A report, prepared by a certified actuary, as to

  8  the impact of this coverage on the total cost of health care.

  9

10  The standing committee of the Legislature which has

11  jurisdiction over the legislative proposal must request and

12  receive a report from the Mandated Health Insurance Benefits

13  and Providers Estimating Conference before the committee

14  considers the proposal. The committee may not consider a

15  legislative proposal that would mandate a health coverage or

16  the offering of a health coverage by an insurance carrier,

17  health care service contractor, or health maintenance

18  organization until after the committee's request to the

19  Mandated Health Insurance Benefits and Providers Estimating

20  Conference has been answered. As used in this section, the

21  term "health coverage mandate" includes mandating the use of a

22  type of provider.

23         Section 8.  Section 641.50, Florida Statutes, is

24  created to read:

25         641.50  Health maintenance organization subscriber's

26  bill of benefits.--

27         (1)  With respect to the provisions of this part, the

28  principles expressed in this section are standards that the

29  Department of Insurance and the Agency for Health Care

30  Administration must follow in carrying out their powers and

31  duties, in exercising administrative discretion, in issuing

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  1  administrative interpretations of the law, in enforcing the

  2  law, and in adopting rules:

  3         (a)  A HMO shall ensure that the health care services

  4  provided to its subscribers are rendered in accordance with

  5  reasonable standards of quality of care which are, at a

  6  minimum, consistent with the prevailing standards of medical

  7  practice in the community.

  8         (b)  A HMO subscriber should receive high-quality

  9  health care from a broad panel of providers, including timely

10  referrals, preventive care, emergency screening and services,

11  and second opinions.

12         (c)  A HMO subscriber should receive access to

13  high-quality specialty care, including member-initiated care

14  from dermatologists and from gynecologists and obstetricians.

15         (d)  A HMO subscriber should receive the assurance that

16  the HMO has been independently accredited by a national review

17  organization and that it is financially secure as determined

18  by this state.

19         (e)  A HMO subscriber should receive continuity of

20  health care, even after the provider is no longer with the

21  HMO.

22         (f)  A HMO subscriber should receive timely, concise

23  information regarding the HMO's reimbursement to providers and

24  for services.

25         (g)  A HMO subscriber should have the flexibility to

26  transfer to another HMO in this state, regardless of health

27  status.

28         (h)  A HMO subscriber should receive timely responses

29  to grievances and appeals within the HMO and, if the subject

30  matter of the grievance or appeal is urgent, should receive an

31  immediate response.

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  1         (i)  A HMO subscriber should receive timely review by

  2  an independent external review organization in this state of

  3  unresolved grievances and appeals and, if the matter to be

  4  reviewed is urgent, should immediately receive such review.

  5         (2)  This section does not create a civil cause of

  6  action by any subscriber or provider against any health

  7  maintenance organization.

  8         Section 9.  Present subsections (5), (6), (7), (8),

  9  (9), and (10) of section 641.51, Florida Statutes, are

10  redesignated as subsections (6), (7), (8), (9), (10), and

11  (11), respectively, and a new subsection (5) is added to that

12  section, to read:

13         641.51  Quality assurance program; second medical

14  opinion requirement.--

15         (5)  The organization shall ensure that only a

16  physician licensed under chapter 458 or chapter 459, or a

17  physician licensed in another state under similar licensing

18  requirements, may render an adverse determination regarding a

19  service provided by a physician licensed under chapter 458 or

20  chapter 459 and shall submit to the treating provider and the

21  subscriber written notification regarding the organization's

22  adverse determination within 2 working days after the

23  subscriber or provider is notified of the adverse

24  determination. The written notification must include the

25  utilization review criteria or benefits provisions used in

26  arriving at the adverse determination and must be signed by an

27  authorized representative of the organization. The

28  organization must include with the notification of an adverse

29  determination information concerning the process for appealing

30  adverse determinations.

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  1         Section 10.  Present subsections (4), (6), (7), (8),

  2  (9), (10), and (11) of section 641.511, Florida Statutes, are

  3  redesignated as subsections (7), (9), (10), (11), (12), (13),

  4  and (14), respectively, present subsection (5) of that section

  5  is redesignated as subsection (8) and amended, and new

  6  subsections (4), (5), and (6) are added to that section, to

  7  read:

  8         641.511  Subscriber grievance reporting and resolution

  9  requirements.--

10         (4)(a)  With respect to a grievance concerning an

11  adverse determination based on medical necessity, an

12  organization, upon request of the affected subscriber, shall

13  make available within 30 days after the request is made a

14  review of the grievance by an approved independent external

15  review entity. A subscriber must request the review within 30

16  days after the organization's transmittal of the final

17  determination notice of an adverse determination based on

18  medical necessity. The external review entity's decision

19  resulting from such a requested review is binding on both the

20  subscriber and the organization and is not appealable to the

21  Statewide Provider and Subscriber Assistance Program.

22         (b)  The agency shall establish, by rule, a system by

23  which each organization is to be assigned an independent

24  review entity for external reviews. The system established by

25  the agency must require organizations to use independent

26  review entities on a rotating basis as appropriate.

27         (c)  The independent review entity shall make its

28  determination in accordance with the timeframes set forth in

29  this section. In making its decision, the independent review

30  entity that conducts the review must take into account all of

31  the following:

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  1         1.  Information submitted by the health plan, the

  2  enrollee, and the enrollee's provider, including:

  3         a.  The relevant provisions in the certificate of

  4  coverage or policy and how they were applied;

  5         b.  The enrollee's medical records; and

  6         c.  The standards, criteria, and clinical rationale

  7  used by the health plan to make its decision.

  8         2.  Findings, studies, research, and other relevant

  9  documents of government agencies and nationally recognized

10  organizations, including the National Institutes of Health or

11  any board recognized by the National Institutes of Health, the

12  National Cancer Institute, the National Academy of Sciences,

13  the United States Food and Drug Administration, the Health

14  Care Financing Administration of the United States Department

15  of Health and Human Services, and the Agency for Health Care

16  Research and Quality.

17         3.  Peer-reviewed scientific studies, research, or

18  literature published in or accepted for publication by medical

19  journals that meet nationally recognized requirements for

20  scientific manuscripts and that submit most of their published

21  articles for review by experts who are not part of the

22  editorial staff.

23         (d)  The independent review entity's decision must

24  include a description of the enrollee's condition, the

25  principal reasons for the decision, and an explanation of the

26  clinical rationale for the decision.

27         (e)  The independent review entity shall base its

28  decision on the information submitted under paragraph (c);

29  however, the entity may request additional information if

30  necessary. In making its decision, the independent review

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  1  entity shall consider safety, efficacy, appropriateness,

  2  cost-effectiveness, and the benefit plan of the organization.

  3         (f)  The organization shall provide any coverage that

  4  the independent review entity determines to be medically

  5  necessary. The independent review entity may not require

  6  coverage for services that are specifically excluded by the

  7  organization in its certificate of coverage. The review

  8  entity's decision applies only to the individual enrollee's

  9  external review.

10         (g)  This section does not require an organization to

11  provide coverage for out-of-network services, procedures, or

12  tests.

13         (h)  The organization is responsible for the cost of

14  the initial external review.

15         (i)  The independent review entity shall provide its

16  decision to the enrollee, the treating provider, and the

17  organization, and the decision must include:

18         1.  The findings for either the organization or the

19  enrollee regarding each issue under review;

20         2.  The proposed service, treatment, device, or supply

21  for which the review was performed;

22         3.  The relevant provisions in the certificate of

23  coverage or policy and how they were applied; and

24         4.  The relevant provisions of any nationally

25  recognized and peer-reviewed medical or scientific documents

26  used in the external review.

27         (j)  The decision of the independent review entity is

28  binding on the organization.

29         (k)  Independent review entities and their agents may

30  not be held liable for subsequent actions of the organization.

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  1         (l)  All parties that participate in the independent

  2  review process, including the attending health care provider,

  3  the organization, and the independent review entity, are

  4  immune from liability for their actions taken in accordance

  5  with the findings of the independent review entity.

  6         (m)  The decision of the independent review entity may

  7  not be made for the convenience of the patient, the

  8  organization, or the physician or other health care provider.

  9         (n)  The patient, the organization, and the physician

10  or other health care provider involved in the external review

11  may submit written complaints to the agency regarding any

12  independent review entity's practice or practices believed to

13  be an inappropriate application of the requirements set forth

14  in this subsection. The agency shall promptly review the

15  complaint and, if it determines that the actions of the

16  independent review entity are inappropriate, shall take such

17  corrective action as it considers necessary, including, but

18  not limited to, decertification or suspension of the

19  independent review entity.

20         (5)(a)  To be certified as an independent review entity

21  under this section, an entity must submit to the agency an

22  application on a form developed by the agency. The application

23  must include the following:

24         1.  The name of each stockholder or owner of more than

25  5 percent of any stock or options of an applicant;

26         2.  The name of any holder of bonds or notes of the

27  applicant in an amount that exceeds $100,000;

28         3.  The name and type of business of each corporation

29  or other organization that the applicant controls or with

30  which it is affiliated and the nature and extent of the

31  affiliation or control;

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  1         4.  The name and a biographical sketch of each

  2  director, officer, and executive of the applicant and any

  3  entity listed under subparagraphs 1.-3. and a description of

  4  any relationship that the named individual has with an insurer

  5  as defined in s. 624.03 or with a provider of health care

  6  services;

  7         5.  The percentage of the applicant's revenues which is

  8  anticipated to be derived from reviews conducted under this

  9  section;

10         6.  A description of the minimum qualifications applied

11  by the independent review entity in selecting health care

12  professionals to perform external reviews and the areas of

13  expertise and the medical credentials of the health care

14  professionals who are currently available to perform external

15  reviews; and

16         7.  The procedures to be used by the independent review

17  entity in making external review determinations.

18

19  If at any time there is a material change in the information

20  included in the application, the independent review entity

21  must submit updated information to the agency.

22         (b)  An independent review entity that is accredited by

23  a nationally recognized accreditation organization is in

24  compliance with the requirements of paragraph (a).

25         (c)  Each independent review entity shall submit to the

26  agency annually, in a form acceptable to the agency, the

27  information required by paragraph (a).

28         (d)  An independent review entity may not be a

29  subsidiary of, or in any way affiliated with or owned or

30  controlled by, an insurer or a trade or professional

31  association of payers.

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  1         (e)  An independent review entity may not be a

  2  subsidiary of, or in any way owned or controlled by, a health

  3  care provider or a professional trade association of health

  4  care providers.

  5         (f)  A health care provider who is acting as a reviewer

  6  for an independent review entity must be in good standing and

  7  must hold a nonrestricted license in a state of the United

  8  States.

  9         (g)  A health care provider who is acting as a reviewer

10  for an independent review entity must hold a current

11  certification by a recognized American medical specialty board

12  in the area appropriate to the subject of the review, must be

13  an expert in the treatment of the enrollee's medical condition

14  under review, and must have actual clinical experience

15  relating to that medical condition.

16         (h)  The independent review entity shall have a

17  quality-assurance mechanism to ensure the timeliness and

18  quality of the review, the qualifications and independence of

19  the reviewer, and the confidentiality of medical records and

20  review materials.

21         (i)  Neither the independent review entity nor any

22  reviewers of the entity may have any material, professional,

23  familial, or financial conflict of interest with any of the

24  following:

25         1.  The patient;

26         2.  The insurer or organization involved in the review;

27         3.  Any officer, director, or management employee of

28  such an insurer or organization;

29         4.  The health care provider proposing the service or

30  treatment or any associated independent practice association

31  (IPA);

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  1         5.  The institution at which the service or treatment

  2  has been or would be provided; or

  3         6.  The development or manufacture of the principal

  4  drug, device, procedure, or other therapy proposed for the

  5  enrollee whose treatment is under review.

  6         (j)  The term "conflict of interest" does not include:

  7         1.  A contract under which an academic medical center

  8  or other similar medical center provides health care services

  9  to enrollees, except for academic medical centers that would

10  provide the service under review;

11         2.  Health care provider affiliations that are limited

12  to staff privileges; or

13         3.  An expert reviewer's relationship with an insurer

14  as a contracting health care provider, except for a provider

15  proposed to provide the service under review.

16         (6)  The agency has the authority to make rules to

17  implement this section.

18         (8)(5)  Except as provided in subsection (9) (6), the

19  organization shall resolve a grievance within 60 days after

20  receipt of the grievance, or within a maximum of 90 days if

21  the grievance involves the collection of information outside

22  the service area. These time limitations are tolled if the

23  organization has notified the subscriber, in writing, that

24  additional information is required for proper review of the

25  grievance and that such time limitations are tolled until such

26  information is provided. After the organization receives the

27  requested information, the time allowed for completion of the

28  grievance process resumes.

29         Section 11.  Small-employer carriers, allowable

30  exclusions; rates; required notice.--

31         (1)  As used in this section, the term:

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  1         (a)  "Mandated health benefit" means any law that

  2  requires a carrier to:

  3         1.  Provide coverage for specific medical or

  4  health-related services, treatments, medications, or

  5  practices.

  6         2.  Provide coverage for services that are specific to

  7  health care practitioners.

  8         3.  Offer coverage for specific services, treatments,

  9  medications, or practices or expand an existing coverage to

10  include specific services, treatments, medications, or

11  practices.

12         4.  Provide reimbursement to a specific health care

13  practitioner.

14         (b)  "Small-employer carrier" includes both insurers

15  and health maintenance organizations that offer health plans

16  to employer groups of 1-50 employees.

17         (2)  Notwithstanding any other provision of law, a

18  small-employer carrier may deliver or issue for delivery a

19  health insurance policy or certificate, or a health plan

20  contract, that does not include mandated health benefits.

21         (3)  Each health insurance policy or certificate or

22  health plan contract issued as authorized under subsection (2)

23  must have rates that average statewide at least 25 percent

24  less than the carrier's average statewide rates for the

25  standard health benefit plan and must clearly display the

26  following notice:

27    "THIS PLAN DOES NOT PROVIDE COVERAGE FOR VARIOUS BENEFITS

28      MANDATED BY FLORIDA LAW. READ YOUR POLICY CAREFULLY."

29         Section 12.  This act shall take effect July 1, 2000.

30

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Creates the Mandated Health Insurance Benefits and
      Providers Estimating Conference. Provides for membership
  4    and duties of the conference. Provides duties of
      legislative committees that have jurisdiction over health
  5    insurance matters. Prohibits billing an HMO subscriber
      for services covered by the HMO. Provides responsibility
  6    for enforcing that prohibition against physicians and
      against hospitals and nursing homes. Amends the
  7    membership of the statewide provider and subscriber
      assistance panel by adding an attorney. Provides that
  8    certain decisions are subject to a review hearing.
      Requires physicians and hospitals to provide notice
  9    informing patients about the toll-free health care
      hotline. Provides that certain legislative proposals must
10    be submitted to and assessed by the Mandated Health
      Insurance Benefits and Providers Estimating Conference.
11    Amends guidelines for assessing the impact of a proposal
      to legislatively mandate certain health coverage.
12    Provides prerequisites to legislative consideration of
      such proposals. Provides an HMO subscriber's bill of
13    benefits. Requires that only licensed medical doctors can
      deny coverage on behalf of an HMO. Provides the basis for
14    such a denial. Requires the HMO to include with the
      notification of an adverse determination information
15    concerning the appeal process. Providing for review by an
      independent external review entity of an HMO's decision
16    to deny coverage. Provides qualifications of such
      entities. Provides rulemaking authority to the agency for
17    Health Care Administration. Allows small-employer
      carriers to exclude certain mandated health benefits from
18    a health insurance policy, certificate, or contract.
      Provides conditions for such exclusions.
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