CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

    hbd-032                   Bill No. CS for CS for CS for SB 414

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Spratt offered the following:

12

13         Amendment to Senate Amendment (435613) (with title

14  amendment) 

15         On page 3, lines 1 and 2,

16  remove from the amendment:  all of said lines,

17

18  insert:

19         Section 2.  Paragraph (g) of subsection (3) of section

20  110.123, Florida Statutes, is amended to read:

21         110.123  State group insurance program.--

22         (3)  STATE GROUP INSURANCE PROGRAM.--

23         (g)1.  A person eligible to participate in the state

24  group insurance program may be authorized by rules adopted by

25  the department, in lieu of participating in the state group

26  health insurance plan, to exercise an option to elect

27  membership in a health maintenance organization plan which is

28  under contract with the state in accordance with criteria

29  established by this section and by said rules.  The offer of

30  optional membership in a health maintenance organization plan

31  permitted by this paragraph may be limited or conditioned by

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                                                   HOUSE AMENDMENT

    hbd-032                   Bill No. CS for CS for CS for SB 414

    Amendment No. ___ (for drafter's use only)





  1  rule as may be necessary to meet the requirements of state and

  2  federal laws.

  3         2.  The department shall contract with health

  4  maintenance organizations seeking to participate in the state

  5  group insurance program through a request for proposal or

  6  other procurement process, as developed by the Department of

  7  Management Services and determined to be appropriate.

  8         a.  The department shall establish a schedule of

  9  minimum benefits for health maintenance organization coverage,

10  and that schedule shall include: physician services; inpatient

11  and outpatient hospital services; emergency medical services,

12  including out-of-area emergency coverage; diagnostic

13  laboratory and diagnostic and therapeutic radiologic services;

14  mental health, alcohol, and chemical dependency treatment

15  services meeting the minimum requirements of state and federal

16  law; skilled nursing facilities and services; prescription

17  drugs; and other benefits as may be required by the

18  department.  Additional services may be provided subject to

19  the contract between the department and the HMO.

20         b.  The department may establish uniform deductibles,

21  copayments, or coinsurance schedules for all participating HMO

22  plans.

23         c.  The department may require detailed information

24  from each health maintenance organization participating in the

25  procurement process, including information pertaining to

26  organizational status, experience in providing prepaid health

27  benefits, accessibility of services, financial stability of

28  the plan, quality of management services, accreditation

29  status, quality of medical services, network access and

30  adequacy, performance measurement, ability to meet the

31  department's reporting requirements, and the actuarial basis

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                                                   HOUSE AMENDMENT

    hbd-032                   Bill No. CS for CS for CS for SB 414

    Amendment No. ___ (for drafter's use only)





  1  of the proposed rates and other data determined by the

  2  director to be necessary for the evaluation and selection of

  3  health maintenance organization plans and negotiation of

  4  appropriate rates for these plans.  Upon receipt of proposals

  5  by health maintenance organization plans and the evaluation of

  6  those proposals, the department may enter into negotiations

  7  with all of the plans or a subset of the plans, as the

  8  department determines appropriate. Nothing shall preclude the

  9  department from negotiating regional or statewide contracts

10  with health maintenance organization plans when this is

11  cost-effective and when the department determines that the

12  plan offers high value to enrollees.

13         d.  The department may limit the number of HMOs that it

14  contracts with in each service area based on the nature of the

15  bids the department receives, the number of state employees in

16  the service area, or any unique geographical characteristics

17  of the service area. The department shall establish by rule

18  service areas throughout the state.

19         e.  All persons participating in the state group

20  insurance program who are required to contribute towards a

21  total state group health premium shall be subject to the same

22  dollar contribution regardless of whether the enrollee enrolls

23  in the state group health insurance plan or in an HMO plan.

24         3.  The division is authorized to negotiate and to

25  contract with specialty psychiatric hospitals for mental

26  health benefits, on a regional basis, for alcohol, drug abuse,

27  and mental and nervous disorders. The division may establish,

28  subject to the approval of the Legislature pursuant to

29  subsection (5), any such regional plan upon completion of an

30  actuarial study to determine any impact on plan benefits and

31  premiums.

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                                                   HOUSE AMENDMENT

    hbd-032                   Bill No. CS for CS for CS for SB 414

    Amendment No. ___ (for drafter's use only)





  1         4.  In addition to contracting pursuant to subparagraph

  2  2., the department shall enter into contract with any HMO to

  3  participate in the state group insurance program which:

  4         a.  Serves greater than 5,000 recipients on a prepaid

  5  basis under the Medicaid program;

  6         b.  Does not currently meet the 25 percent

  7  non-Medicare/non-Medicaid enrollment composition requirement

  8  established by the Department of Health excluding participants

  9  enrolled in the state group insurance program;

10         c.  Meets the minimum benefit package and copayments

11  and deductibles contained in sub-subparagraphs 2.a. and b.;

12         d.  Is willing to participate in the state group

13  insurance program at a cost of premiums that is not greater

14  than 95 percent of the cost of HMO premiums accepted by the

15  department in each service area; and

16         e.  Meets the minimum surplus requirements of s.

17  641.225.

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19  The department is authorized to contract with HMOs that meet

20  the requirements of sub-subparagraphs a. through d. prior to

21  the open enrollment period for state employees.  The

22  department is not required to renew the contract with the HMOs

23  as set forth in this paragraph more than twice. Thereafter,

24  the HMOs shall be eligible to participate in the state group

25  insurance program only through the request for proposal

26  process described in subparagraph 2.

27         5.  All enrollees in the state group health insurance

28  plan or any health maintenance organization plan shall have

29  the option of changing to any other health plan which is

30  offered by the state within any open enrollment period

31  designated by the department. Open enrollment shall be held at

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                                                   HOUSE AMENDMENT

    hbd-032                   Bill No. CS for CS for CS for SB 414

    Amendment No. ___ (for drafter's use only)





  1  least once each calendar year.

  2         6.  When a contract between a treating provider and the

  3  state-contracted health maintenance organization is terminated

  4  for any reason other than for cause, each party shall allow

  5  any enrollee for whom treatment was active to continue

  6  coverage and care when medically necessary, through completion

  7  of treatment of a condition for which the enrollee was

  8  receiving care at the time of the termination, until the

  9  enrollee selects another treating provider, or until the next

10  open enrollment period offered, whichever is longer, but no

11  longer than 6 months after termination of the contract. Each

12  party to the terminated contract shall allow an enrollee who

13  has initiated a course of prenatal care, regardless of the

14  trimester in which care was initiated, to continue care and

15  coverage until completion of postpartum care. This does not

16  prevent a provider from refusing to continue to provide care

17  to an enrollee who is abusive, noncompliant, or in arrears in

18  payments for services provided. For care continued under this

19  subparagraph, the program and the provider shall continue to

20  be bound by the terms of the terminated contract. Changes made

21  within 30 days before termination of a contract are effective

22  only if agreed to by both parties.

23         7.  Any HMO participating in the state group insurance

24  program shall submit health care utilization and cost data to

25  the department, in such form and in such manner as the

26  division shall require, as a condition of participating in the

27  program.  The department shall enter into negotiations with

28  its contracting HMOs to determine the nature and scope of the

29  data submission and the final requirements, format, penalties

30  associated with noncompliance, and timetables for submission.

31  These determinations shall be adopted by rule.

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                                                   HOUSE AMENDMENT

    hbd-032                   Bill No. CS for CS for CS for SB 414

    Amendment No. ___ (for drafter's use only)





  1         8.  The department may establish and direct, with

  2  respect to collective bargaining issues, a comprehensive

  3  package of insurance benefits that may include supplemental

  4  health and life coverage, dental care, long-term care, vision

  5  care, and other benefits it determines necessary to enable

  6  state employees to select from among benefit options that best

  7  suit their individual and family needs.

  8         a.  Based upon a desired benefit package, the

  9  department shall issue a request for proposal for health

10  insurance providers interested in participating in the state

11  group insurance program, and the division shall issue a

12  request for proposal for insurance providers interested in

13  participating in the non-health-related components of the

14  state group insurance program. Upon receipt of all proposals,

15  the department may enter into contract negotiations with

16  insurance providers submitting bids or negotiate a specially

17  designed benefit package. Insurance providers offering or

18  providing supplemental coverage as of May 30, 1991, which

19  qualify for pretax benefit treatment pursuant to s. 125 of the

20  Internal Revenue Code of 1986, with 5,500 or more state

21  employees currently enrolled may be included by the department

22  in the supplemental insurance benefit plan established by the

23  department without participating in a request for proposal,

24  submitting bids, negotiating contracts, or negotiating a

25  specially designed benefit package. These contracts shall

26  provide state employees with the most cost-effective and

27  comprehensive coverage available; however, no state or agency

28  funds shall be contributed toward the cost of any part of the

29  premium of such supplemental benefit plans. With respect to

30  dental coverage, the division shall include in any

31  solicitation or contract for any state group dental program

                                  6

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                                                   HOUSE AMENDMENT

    hbd-032                   Bill No. CS for CS for CS for SB 414

    Amendment No. ___ (for drafter's use only)





  1  made after July 1, 2001, a comprehensive indemnity dental plan

  2  option which offers enrollees a completely unrestricted choice

  3  of dentists. If a dental plan is endorsed, or in some manner

  4  recognized as the preferred product, such plan shall include a

  5  comprehensive indemnity dental plan option which provides

  6  enrollees with a completely unrestricted choice of dentists.

  7         b.  Pursuant to the applicable provisions of s.

  8  110.161, and s. 125 of the Internal Revenue Code of 1986, the

  9  department shall enroll in the pretax benefit program those

10  state employees who voluntarily elect coverage in any of the

11  supplemental insurance benefit plans as provided by

12  sub-subparagraph a.

13         c.  Nothing herein contained shall be construed to

14  prohibit insurance providers from continuing to provide or

15  offer supplemental benefit coverage to state employees as

16  provided under existing agency plans.

17         Section 3.  This act shall take effect upon becoming a

18  law except that section 1 shall take effect July 1, 2001.

19

20

21  ================ T I T L E   A M E N D M E N T ===============

22  And the title is amended as follows:

23         On page 3, lines 19 and 20, of the amendment,

24  remove:  all of said lines,

25

26  and insert in lieu thereof:

27         Service; providing definitions; amending s.

28         110.123, F.S.; requiring solicitations or

29         contracts for a state group dental program to

30         include a comprehensive indemnity dental plan

31         providing unrestricted enrollee access to

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                                                   HOUSE AMENDMENT

    hbd-032                   Bill No. CS for CS for CS for SB 414

    Amendment No. ___ (for drafter's use only)





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