House Bill hb1213
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    Florida House of Representatives - 2001                HB 1213
        By Representatives Siplin, Joyner, Weissman, Smith,
    Wilson, Cusack, Bendross-Mindingall, Peterman, Negron and
    Bennett
  1                      A bill to be entitled
  2         An act relating to a managed care patient's
  3         bill of rights; providing a short title;
  4         providing requirements and limitations for
  5         group health plans and health insurance issuers
  6         that provide health insurance coverage relating
  7         to utilization review, internal and external
  8         appeals, grievances, consumer choice options,
  9         choice of health care professionals, emergency
10         care, specialty care, obstetrical and
11         gynecological care, pediatric care, continuity
12         of care, prescription drugs, access to
13         information, interference with medical
14         communications, discrimination against
15         providers, payment of claims, and protection of
16         patient advocacy; providing an effective date.
17
18  Be It Enacted by the Legislature of the State of Florida:
19
20         Section 1.  (1)  This act may be cited as the "Managed
21  Care Patient's Bill of Rights Act."
22         (2)  Each group health plan, and each health insurance
23  issuer that provides health insurance coverage:
24         (a)  Shall conduct utilization review activities in
25  connection with the provision of benefits under such plan or
26  coverage.
27         (b)  Shall provide adequate notice in writing to the
28  appropriate affected person of any denial of a claim for
29  benefits and the reasons for such denial, written in a manner
30  calculated to be understood by such person, and shall afford
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    Florida House of Representatives - 2001                HB 1213
    796-102-01
  1  such person the opportunity to request a full and fair review
  2  of such denial.
  3         (c)  Shall provide for an external appeals process for
  4  any denial of a claim for benefits.
  5         (d)  Shall establish and maintain a system to provide
  6  for the presentation and resolution of oral and written
  7  grievances regarding any aspect of the plan's or issuer's
  8  services.
  9         (e)  Which offers health insurance coverage for
10  services which are only furnished through health care
11  professionals and providers who are members of a network of
12  health care professionals and providers who have entered into
13  a contract with the plan or issuer to provide such services,
14  shall also offer or arrange to be offered the option of health
15  insurance coverage or health benefits for such services which
16  are not furnished through health care professionals and
17  providers who are members of such a network.
18         (f)  That requires or provides for designation of a
19  participating primary care provider, shall permit a covered
20  person to designate any participating primary care provider
21  who is available to accept such individual and shall permit a
22  covered person to receive medically necessary or appropriate
23  specialty care from any qualified participating health care
24  professional who is available to accept such individual for
25  such care.
26         (g)  Which provides benefits with respect to services
27  in an emergency department of a hospital, shall cover
28  emergency services without the need for any prior
29  authorization, whether or not the health care provider
30  furnishing such services is a participating provider with
31  respect to such services, and in a manner such that, if such
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    Florida House of Representatives - 2001                HB 1213
    796-102-01
  1  services are provided to a covered person by a
  2  nonparticipating health care provider with or without prior
  3  authorization or by a participating health care provider
  4  without prior authorization, the covered person is not liable
  5  for amounts that exceed the amounts of liability that would be
  6  incurred if the services were provided by a participating
  7  health care provider with prior authorization and without
  8  regard to any other term or condition of such coverage.
  9         (h)  Shall make or provide for referral to a specialist
10  who is available and accessible to provide for the treatment
11  of a covered person who has a condition or disease of
12  sufficient seriousness and complexity to require treatment by
13  a specialist and benefits for such treatment are provided
14  under the plan or coverage.
15         (i)  Which requires or provides for a covered person to
16  designate a participating primary care health care
17  professional, may not require authorization or a referral by
18  the individual's primary care health care professional or
19  otherwise for coverage of gynecological care, including
20  preventive women's health examinations, and pregnancy-related
21  services provided by a participating health care professional,
22  including a physician, who specializes in obstetrics and
23  gynecology to the extent such care is otherwise covered and
24  shall treat the ordering of other obstetrical or gynecological
25  care by such a participating professional as the authorization
26  of the primary care health care professional with respect to
27  such care under the plan or coverage.
28         (j)  Which requires or provides for a covered person to
29  designate a participating primary care provider for such
30  person's child, shall permit the person to designate a
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    Florida House of Representatives - 2001                HB 1213
    796-102-01
  1  physician who specializes in pediatrics as the child's primary
  2  care provider.
  3         (k)  Upon termination of a contract between the group
  4  health plan, or the health insurance issuer, and a health care
  5  provider or termination of benefits or coverage provided by a
  6  health care provider because of a change in the terms of
  7  provider participation in a group health plan, and a covered
  8  person is undergoing treatment from the provider for an
  9  ongoing special condition at the time of such termination,
10  shall notify the covered person on a timely basis of such
11  termination and of the right to elect continuation of coverage
12  of treatment by the provider under this section and permit the
13  individual to elect to continue to be covered with respect to
14  treatment by the provider of such condition during a
15  transitional period. If a contract for the provision of health
16  insurance coverage between a group health plan and a health
17  insurance issuer is terminated and, as a result of such
18  termination, coverage of services of a health care provider is
19  terminated with respect to an individual, this paragraph shall
20  apply under the plan in the same manner as if there had been a
21  contract between the plan and the provider that had been
22  terminated, but only with respect to benefits that are covered
23  under the plan after the contract termination.
24         (l)  Which provides coverage for benefits with respect
25  to prescription drugs, and limits such coverage to drugs
26  included in a formulary, shall ensure the participation of
27  physicians and pharmacists in developing and reviewing such
28  formulary, provide for disclosure of the formulary to
29  providers, and in accordance with the applicable quality
30  assurance and utilization review standards of the plan or
31  issuer, provide for exceptions from the formulary limitation
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    Florida House of Representatives - 2001                HB 1213
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  1  when a non-formulary alternative is medically necessary and
  2  appropriate and, in the case of such an exception, apply the
  3  same cost-sharing requirements that would have applied in the
  4  case of a drug covered under the formulary.
  5         (m)  Shall provide to covered persons, upon initial
  6  enrollment or coverage and at least annually thereafter,
  7  prospective covered persons, and applicable authorities, in
  8  printed form, information relating to service area, benefits,
  9  access, out-of-area coverage, emergency coverage, percentage
10  of premiums used for benefits, prior authorization rules,
11  grievance and appeals procedures, quality assurance, issuer
12  information, notice of requirements, and information available
13  on request.
14         (n)  Shall not prohibit or otherwise restrict a health
15  care professional, under the provisions of any contract or
16  agreement, or the operation of any contract or agreement,
17  between a group health plan or health insurance issuer in
18  relation to health insurance coverage, including any
19  partnership, association, or other organization that enters
20  into or administers such a contract or agreement, and a health
21  care provider or group of health care providers, from advising
22  a covered person who is a patient of the professional about
23  the health status of such person or medical care or treatment
24  for such person's condition or disease, regardless of whether
25  benefits for such care or treatment are provided under the
26  plan or coverage, if the professional is acting within the
27  lawful scope of practice.
28         (o)  Shall not discriminate with respect to
29  participation or indemnification as to any provider who is
30  acting within the scope of the provider's license or
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    Florida House of Representatives - 2001                HB 1213
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  1  certification under the law of this state, solely on the basis
  2  of such license or certification.
  3         (p)  Shall provide for prompt payment of claims
  4  submitted for health care services or supplies furnished to a
  5  covered person with respect to benefits covered by the plan or
  6  issuer.
  7         (q)1.  May not retaliate against a covered person or
  8  health care provider based on the covered person's or
  9  provider's use of, or participation in, a utilization review
10  process or a grievance process of the plan or issuer.
11         2.  May not retaliate or discriminate against a
12  protected health care professional because the professional in
13  good faith discloses information relating to the care,
14  services, or conditions affecting one or more covered persons
15  of the plan or issuer to an appropriate public regulatory
16  agency, an appropriate private accreditation body, or
17  appropriate management personnel of the plan or issuer or
18  initiates, cooperates, or otherwise participates in an
19  investigation or proceeding by such an agency with respect to
20  such care, services, or conditions.
21         Section 2.  This act shall take effect October 1, 2001.
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24                          HOUSE SUMMARY
25
      Creates the "Managed Care Patient's Bill of Rights Act"
26    to provide requirements and limitations for group health
      plans and health insurance issuers that provide health
27    insurance coverage relating to utilization review,
      internal and external appeals, grievances, consumer
28    choice options, choice of health care professionals,
      emergency care, specialty care, obstetrical and
29    gynecological care, pediatric care, continuity of care,
      prescription drugs, access to information, interference
30    with medical communications, discrimination against
      providers, payment of claims, and protection of patient
31    advocacy.
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