Senate Bill 0706

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    Florida Senate - 2000                                   SB 706

    By Senator Laurent





    17-420-00

  1                      A bill to be entitled

  2         An act relating to health maintenance

  3         organizations; amending s. 641.3155, F.S.;

  4         defining the term "clean claim"; providing

  5         prerequisites to an HMO's contesting such a

  6         claim; providing procedures; providing

  7         penalties for failure to pay part or all of a

  8         clean claim; amending s. 408.7056, F.S.;

  9         providing for the Agency for Health Care

10         Administration to review all provider

11         grievances alleging that an HMO has violated s.

12         641.3155, F.S.; providing for the appointment

13         of a review panel and specifying its

14         membership; providing applicability; providing

15         an effective date.

16

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

18

19         Section 1.  Section 641.3155, Florida Statutes, is

20  amended to read:

21         641.3155  Provider contracts; payment of claims.--

22         (1)  As used in this section, the term "clean claim"

23  means a completed claim, as determined under department rules

24  adopted under chapter 120, which claim is for medical care or

25  health care services under a health care plan and is submitted

26  by a physician on an HCFA 1500 claim form or by other

27  providers on a UB-92 claim form.

28         (2)(1)(a)  A health maintenance organization shall pay

29  any clean claim or any portion of a clean claim made by a

30  contract provider for services or goods provided under a

31  contract with the health maintenance organization which the

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  1  organization does not contest or deny within 35 days after

  2  receipt of the claim by the health maintenance organization

  3  receives the claim, which has been sent by mail or electronic

  4  transfer from is mailed or electronically transferred by the

  5  provider.

  6         (b)  A health maintenance organization that denies or

  7  contests a provider's clean claim or any portion of a clean

  8  claim shall notify the contract provider, in writing, within

  9  35 days after receipt of the claim by the health maintenance

10  organization receives the claim that the claim is contested or

11  denied. The notice that the claim is denied or contested must

12  identify the contested portion of the claim and the specific

13  reason for contesting or denying the claim, and must may

14  include a request for additional information. If the provider

15  submits health maintenance organization requests additional

16  information, the provider shall, within 35 days after receipt

17  of such notice request, mail or electronically transfer the

18  information to the health maintenance organization. The

19  provider may charge the organization the reasonable costs of

20  copying and providing the additional information, including

21  the cost of reasonable staff time, as provided in ss. 395.3025

22  and 455.667. The health maintenance organization shall pay or

23  deny the claim or portion of the claim within 45 days after

24  receipt of the information.

25         (3)  In order for a health maintenance organization to

26  contest a portion of a clean claim, the health maintenance

27  organization must pay to the provider the uncontested portion

28  of the claim. The failure to pay the uncontested portion of a

29  claim constitutes a complete waiver of the health maintenance

30  organization's right to deny any part of the claim. If the

31  health maintenance organization unreasonably denies the entire

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  1  claim for the purpose of delaying payment of the uncontested

  2  portion of the claim, the organization must pay to the

  3  provider three times the amount of the claim which was

  4  unreasonably contested.

  5         (4)(2)  Payment of a claim is considered made on the

  6  date the payment was received or electronically transferred or

  7  otherwise delivered. An overdue payment of a claim bears

  8  simple interest at the rate of 10 percent per year.

  9         (5)  Failure to pay the amount of the undisputed clean

10  claim to a provider within 35 days after receipt of the claim

11  entitles the provider to the procedures set forth in s.

12  408.7056(4).

13         (6)(3)  A health maintenance organization shall pay or

14  deny any clean claim no later than 120 days after receiving

15  the claim. The failure of a health maintenance organization to

16  pay any disputed clean claim or portion of a clean claim

17  within such period entitles the provider to the procedures

18  specified in s. 408.7056(4).

19         (7)(4)  Any retroactive reductions of payments or

20  demands for refund of previous overpayments which are due to

21  retroactive review-of-coverage decisions or payment levels

22  must be reconciled to specific claims unless the parties agree

23  to other reconciliation methods and terms. Any retroactive

24  demands by providers for payment due to underpayments or

25  nonpayments for covered services must be reconciled to

26  specific claims unless the parties agree to other

27  reconciliation methods and terms. The look-back period may be

28  specified by the terms of the contract.

29         Section 2.  Section 408.7056, Florida Statutes, is

30  amended to read:

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  1         408.7056  Statewide Provider and Subscriber Assistance

  2  Program.--

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

  4         (a)  "Managed care entity" means a health maintenance

  5  organization or a prepaid health clinic certified under

  6  chapter 641, a prepaid health plan authorized under s.

  7  409.912, or an exclusive provider organization certified under

  8  s. 627.6472.

  9         (b)  "Panel" means a statewide provider and subscriber

10  assistance panel selected as provided in subsections (12) and

11  (13) subsection (11).

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

13  provide assistance to subscribers and providers, including

14  those whose grievances are not resolved by the managed care

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

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

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

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

19  should be taken concerning individual cases heard by the

20  panel. The panel shall hear every grievance filed by

21  subscribers and providers on behalf of subscribers, unless the

22  grievance:

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

24  accept a provider into its network of providers;

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

26  managed care entity or a reconsideration appeal through the

27  Medicare appeals process which does not involve a quality of

28  care issue;

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

30  state such as an administrative services organization,

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  1  third-party administrator, or federal employee health benefit

  2  program;

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

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

  5  plan or to the payment of claims submitted to the organization

  6  by the providers;

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

  8  42 C.F.R. ss. 431.220 et seq.;

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

10  federal court;

11         (g)  Is related to an appeal by nonparticipating

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

13  subscriber by the managed care entity and the provider is

14  involved in the care provided to the subscriber or to the

15  payment of claims submitted to the organization by the

16  provider;

17         (h)  Was filed before the subscriber or provider

18  completed the entire internal grievance procedure of the

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

20  its timeframes for completing the internal grievance

21  procedure, and the circumstances described in subsection (7)

22  (6) do not apply;

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

24  subscriber or provider who filed the grievance, unless the

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

26  indicative of a pattern of inappropriate behavior;

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

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

29  accrued interest on unpaid balances, court costs, and

30  transportation costs associated with a grievance procedure;

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

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

  3  managed care entity which constitute grounds for disciplinary

  4  action by the appropriate professional licensing board and is

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

  6  agency or department has reported these grievances to the

  7  appropriate professional licensing board or to the health

  8  facility regulation section of the agency for possible

  9  investigation; or

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

11  Failure of the subscriber or the provider to attend the

12  hearing shall be considered a withdrawal of the grievance.

13         (3)  Except for grievances that are filed by providers

14  and that relate to the payment of claims by a health

15  maintenance organization, the agency shall review all

16  grievances within 60 days after receipt and make a

17  determination whether the grievance shall be heard.  Once the

18  agency notifies the panel, the subscriber or provider, and the

19  managed care entity that a grievance will be heard by the

20  panel, the panel shall hear the grievance either in the

21  network area or by teleconference no later than 120 days after

22  the date the grievance was filed.  The agency shall notify the

23  parties, in writing, by facsimile transmission, or by phone,

24  of the time and place of the hearing. The panel may take

25  testimony under oath, request certified copies of documents,

26  and take similar actions to collect information and

27  documentation that will assist the panel in making findings of

28  fact and a recommendation. The panel shall issue a written

29  recommendation, supported by findings of fact, to the provider

30  or subscriber, to the managed care entity, and to the agency

31  or the department no later than 15 working days after hearing

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  1  the grievance.  If at the hearing the panel requests

  2  additional documentation or additional records, the time for

  3  issuing a recommendation is tolled until the information or

  4  documentation requested has been provided to the panel.  The

  5  proceedings of the panel are not subject to chapter 120.

  6         (4)  Within 15 days after receiving a grievance filed

  7  by a provider against an organization, which grievance alleges

  8  that the organization violated s. 641.3155, the agency must

  9  review the grievance and make a determination as to whether

10  the grievance shall be heard. After the agency notifies the

11  panel created under subsection (13), the provider, and the

12  managed care entity that the panel will hear the grievance,

13  the panel must hear the grievance, either in the network area

14  or by teleconference, no later than 45 days after the date on

15  which the grievance was filed, unless that deadline is waived

16  by both the provider and the managed care entity. The agency

17  shall notify the parties, either in writing, by facsimile

18  transmission, or by telephone, of the time and place of the

19  hearing. The panel may take testimony under oath, request

20  certified copies of documents, and take similar actions to

21  collect information and documentation that will assist the

22  panel in making findings of fact and a recommendation. No

23  later than 15 working days after hearing the grievance, the

24  panel shall issue a written recommendation, supported by

25  findings of fact, to the provider, to the managed care entity,

26  and to the agency or the department. If, at the hearing, the

27  panel requests additional documentation or additional records,

28  the time for issuing a recommendation is tolled until the

29  requested information or documentation has been provided to

30  the panel. The proceedings of the panel are not subject to

31  chapter 120.

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  1         (5)(4)  If, upon receiving a proper patient

  2  authorization along with a properly filed grievance, the

  3  agency requests medical records from a health care provider or

  4  managed care entity, the health care provider or managed care

  5  entity that has custody of the records has 10 days to provide

  6  the records to the agency.  Failure to provide requested

  7  medical records may result in the imposition of a fine of up

  8  to $500.  Each day that records are not produced is considered

  9  a separate violation.

10         (6)(5)  Grievances considered under subsection (3)

11  which that the agency determines pose an immediate and serious

12  threat to a subscriber's health must be given priority over

13  other grievances. The panel may meet at the call of the chair

14  to hear the grievances as quickly as possible but no later

15  than 45 days after the date the grievance is filed, unless the

16  panel receives a waiver of the time requirement from the

17  subscriber.  The panel shall issue a written recommendation,

18  supported by findings of fact, to the department or the agency

19  within 10 days after hearing the expedited grievance.

20         (7)(6)  When the agency determines that the life of a

21  subscriber is in imminent and emergent jeopardy, the chair of

22  the panel may convene an emergency hearing, within 24 hours

23  after notification to the managed care entity and to the

24  subscriber, to hear the grievance.  The grievance must be

25  heard notwithstanding that the subscriber has not completed

26  the internal grievance procedure of the managed care entity.

27  The panel shall, upon hearing the grievance, issue a written

28  emergency recommendation, supported by findings of fact, to

29  the managed care entity, to the subscriber, and to the agency

30  or the department for the purpose of deferring the imminent

31  and emergent jeopardy to the subscriber's life.  Within 24

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  1  hours after receipt of the panel's emergency recommendation,

  2  the agency or department may issue an emergency order to the

  3  managed care entity. An emergency order remains in force

  4  until:

  5         (a)  The grievance has been resolved by the managed

  6  care entity;

  7         (b)  Medical intervention is no longer necessary; or

  8         (c)  The panel has conducted a full hearing under

  9  subsection (3) and issued a recommendation to the agency or

10  the department, and the agency or department has issued a

11  final order.

12         (8)(7)  After hearing a grievance, the panel shall make

13  a recommendation to the agency or the department which may

14  include specific actions the managed care entity must take to

15  comply with state laws or rules regulating managed care

16  entities.

17         (9)(8)  A managed care entity, subscriber, or provider

18  that is affected by a panel recommendation may within 10 days

19  after receipt of the panel's recommendation, or 72 hours after

20  receipt of a recommendation in an expedited grievance, furnish

21  to the agency or department written evidence in opposition to

22  the recommendation or findings of fact of the panel.

23         (10)(9)  No later than 30 days after the issuance of

24  the panel's recommendation and, for an expedited grievance or

25  a grievance conducted under subsection (4), no later than 10

26  days after the issuance of the panel's recommendation, the

27  agency or the department may adopt the panel's recommendation

28  or findings of fact in a proposed order or an emergency order,

29  as provided in chapter 120, which it shall issue to the

30  managed care entity.  The agency or department may issue a

31  proposed order or an emergency order, as provided in chapter

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  1  120, imposing fines or sanctions, including those contained in

  2  ss. 641.25 and 641.52, and, for hearings conducted under

  3  subsection (4), requiring payment of the unpaid portion of any

  4  claim not paid by the organization, which shall bear a simple

  5  interest rate of 10 percent from the date the provider filed

  6  the grievance under this section. The agency or the department

  7  may reject all or part of the panel's recommendation as

  8  provided in s. 120.57. All fines collected under this

  9  subsection must be deposited into the Health Care Trust Fund.

10         (11)(10)  In determining any fine or sanction to be

11  imposed, the agency and the department may consider the

12  following factors:

13         (a)  The severity of the noncompliance, including the

14  probability that death or serious harm to the health or safety

15  of the subscriber will result or has resulted, the severity of

16  the actual or potential harm, and the extent to which

17  provisions of chapter 641 were violated.

18         (b)  Actions taken by the managed care entity to

19  resolve or remedy any quality-of-care grievance.

20         (c)  Any previous incidents of noncompliance by the

21  managed care entity.

22         (d)  Any other relevant factors the agency or

23  department considers appropriate in a particular grievance.

24         (12)(11)  Except for the panel created under subsection

25  (13), the panel shall consist of members employed by the

26  agency and members employed by the department, chosen by their

27  respective agencies; a consumer appointed by the Governor; a

28  physician appointed by the Governor, as a standing member; and

29  physicians who have expertise relevant to the case to be

30  heard, on a rotating basis. The agency may contract with a

31  medical director and a primary care physician who shall

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  1  provide additional technical expertise to the panel.  The

  2  medical director shall be selected from a health maintenance

  3  organization with a current certificate of authority to

  4  operate in Florida.

  5         (13)  The panel created to hear grievances filed by

  6  providers under subsection (4) shall be composed of five

  7  members, consisting of a medical director of an organization

  8  that holds a current certificate of authority to operate in

  9  this state, a physician licensed under chapter 458 or chapter

10  459, a member who represents a hospital, a member employed by

11  the agency, and a member employed by the department. The

12  Governor shall appoint the three members of the panel who are

13  not employed by the agency or the department. The remaining

14  two members of the panel shall be chosen by mutual agreement

15  of the agency and the department. Each member of the panel

16  must be proficient in coding methodology.

17         (14)(12)  Every managed care entity shall submit a

18  quarterly report to the agency and the department listing the

19  number and the nature of all subscribers' and providers'

20  grievances which have not been resolved to the satisfaction of

21  the subscriber or provider after the subscriber or provider

22  follows the entire internal grievance procedure of the managed

23  care entity. The agency shall notify all subscribers and

24  providers included in the quarterly reports of their right to

25  file an unresolved grievance with the panel.

26         (15)(13)  Any information which would identify a

27  subscriber or the spouse, relative, or guardian of a

28  subscriber and which is contained in a report obtained by the

29  Department of Insurance pursuant to this section is

30  confidential and exempt from the provisions of s. 119.07(1)

31  and s. 24(a), Art. I of the State Constitution.

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  1         (16)(14)  A proposed order issued by the agency or

  2  department which only requires the managed care entity to take

  3  a specific action under subsection (8) (7) is subject to a

  4  summary hearing in accordance with s. 120.574, unless all of

  5  the parties agree otherwise. If the managed care entity does

  6  not prevail at the hearing, the managed care entity must pay

  7  reasonable costs and attorney's fees of the agency or the

  8  department incurred in that proceeding.

  9         (17)(15)(a)  Any information which would identify a

10  subscriber or the spouse, relative, or guardian of a

11  subscriber which is contained in a document, report, or record

12  prepared or reviewed by the panel or obtained by the agency

13  pursuant to this section is confidential and exempt from the

14  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

15  Constitution.

16         (b)  Meetings of the panel shall be open to the public

17  unless the provider or subscriber whose grievance will be

18  heard requests a closed meeting or the agency or the

19  Department of Insurance determines that information of a

20  sensitive personal nature which discloses the subscriber's

21  medical treatment or history; or information which constitutes

22  a trade secret as defined by s. 812.081; or information

23  relating to internal risk management programs as defined in s.

24  641.55(5)(c), (6), and (8) may be revealed at the panel

25  meeting, in which case that portion of the meeting during

26  which such sensitive personal information, trade secret

27  information, or internal risk management program information

28  is discussed shall be exempt from the provisions of s. 286.011

29  and s. 24(b), Art. I of the State Constitution.  All closed

30  meetings shall be recorded by a certified court reporter.

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  1  This subsection is subject to the Open Government Sunset

  2  Review Act of 1995 in accordance with s. 119.15, and shall

  3  stand repealed on October 2, 2003, unless reviewed and saved

  4  from repeal through reenactment by the Legislature.

  5         Section 3.  This act shall take effect July 1, 2000,

  6  and shall apply to all claims submitted by a provider to a

  7  health maintenance organization after June 30, 2000.

  8

  9            *****************************************

10                          SENATE SUMMARY

11    Provides procedures that a health maintenance
      organization must follow in contesting certain claims
12    made by providers. Provides penalties for failure to pay
      part or all of a "clean claim," as that term is defined
13    in the bill. Provides for the Agency for Health Care
      Administration to review all provider grievances alleging
14    that a health maintenance organization has violated s.
      641.3155, F.S. Provides for the appointment of a review
15    panel and specifies panel membership. Provides
      applicability. Provides an effective date.
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