Senate Bill sb0438

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    Florida Senate - 2001                                   SB 438

    By Senator Silver





    38-177A-01

  1                      A bill to be entitled

  2         An act relating to health care; creating s.

  3         16.65, F.S.; creating the Office of Health Care

  4         Consumer Advocate in the Department of Legal

  5         Affairs; providing duties and responsibilities;

  6         requiring certain entities to publish toll-free

  7         telephone numbers and a prescribed statement;

  8         authorizing the Health Care Consumer Advocate

  9         to assign personnel and to contract with

10         experts; authorizing the Health Care Consumer

11         Advocate to have access to records maintained

12         by certain state agencies; requiring the

13         Attorney General's Office to provide certain

14         legal assistance to the Office of Health Care

15         Consumer Advocate; requiring the Health Care

16         Consumer Advocate to issue an annual report and

17         to appear before the Legislature if requested;

18         excluding health care consumer issues from the

19         jurisdiction of the Division of Consumer

20         Services of the Department of Agriculture and

21         Consumer Services; amending s. 408.10, F.S.,

22         relating to consumer complaints handled by the

23         Agency for Health Care Administration;

24         transferring authority to act as consumer

25         liaison from the Agency for Health Care

26         Administration to the Office of Health Care

27         Consumer Advocate; requiring the agency to

28         coordinate its consumer-complaint activities

29         with the Office of Health Care Consumer

30         Advocate; amending s. 570.544, F.S.; excluding

31         health care consumer issues from the

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  1         jurisdiction of the Division of Consumer

  2         Services; transferring jurisdiction over health

  3         care consumer issues to the Health Care

  4         Consumer Advocate; amending s. 641.60, F.S.;

  5         transferring the statewide managed care

  6         ombudsman committee from the Agency for Health

  7         Care Administration to the Office of Health

  8         Care Consumer Advocate; amending s. 641.65,

  9         F.S.; revising the procedures for appointing

10         district managed care ombudsmen; amending s.

11         641.70, F.S.; transferring certain oversight

12         duties relating to the statewide managed care

13         ombudsman committee and the district managed

14         care ombudsman committees from the Agency for

15         Health Care Administration to the Department of

16         Legal Affairs; providing an appropriation;

17         providing an effective date.

18

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

20

21         Section 1.  Section 16.65, Florida Statutes, is created

22  to read:

23         16.65  Office of Health Care Consumer Advocate; powers

24  and duties; processing of complaints.--

25         (1)  The Office of Health Care Consumer Advocate is

26  created within the Department of Legal Affairs. The head of

27  the office is the Health Care Consumer Advocate. The Attorney

28  General shall appoint the Health Care Consumer Advocate,

29  subject to confirmation by the Senate. The Health Care

30  Consumer Advocate shall serve at the pleasure of and report to

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  1  the Attorney General and shall receive the same annual salary

  2  as is set by law for the compensation of public defenders.

  3         (2)  The Office of Health Care Consumer Advocate shall:

  4         (a)  Promote the competence of consumers of health care

  5  goods and services in this state to obtain needed health care

  6  goods and services in a timely, efficient, and cost-effective

  7  manner.

  8         (b)  Investigate complaints and disseminate facts about

  9  alternative treatments provided by unregulated persons for

10  misrepresentation of treatment efficacy. If the office

11  determines that knowing misrepresentation has occurred, the

12  office may impose a civil penalty against the treatment

13  provider.

14         (c)  Assist consumers of health care goods and services

15  in resolving disputes with insurers, health maintenance

16  organizations, health care practitioners, health care

17  facilities, and other providers of health care goods and

18  services.

19         (d)  Serve as a liaison between consumer entities and

20  other private entities and governmental entities for the

21  disposition of problems identified by consumers of health

22  care.

23

24  The Health Care Consumer Advocate shall represent the

25  interests of health care consumers in such disputes to enable

26  them to secure the health care goods and services to which

27  they are entitled under the laws of this state.

28         (3)  The Office of Health Care Consumer Advocate may:

29         (a)  Conduct studies and make analyses of matters

30  affecting the interests of health care consumers.

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  1         (b)  Study the operation of laws for health care

  2  consumer protection.

  3         (c)  Advise and make recommendations to the various

  4  state agencies concerned with matters affecting health care

  5  consumers.

  6         (d)  Assist, advise, and cooperate with local, state,

  7  or federal agencies and officials in order to promote the

  8  interests of health care consumers.

  9         (e)  Report to the appropriate authorities any

10  information concerning the violation of health care consumer

11  protection laws.

12         (f)  Assist, develop, and conduct programs of consumer

13  education and consumer information through publications and

14  other informational and educational material prepared for

15  dissemination to the public, in order to increase the

16  competence of health care consumers.

17         (g)  Organize and hold conferences on problems

18  affecting health care consumers.

19         (h)  Recommend programs to encourage business and

20  industry to maintain high standards of honesty, fair business

21  practices, and public responsibility in the production,

22  promotion, and sale of health care consumer goods and

23  services.

24         (4)  The Health Care Consumer Advocate shall provide

25  for the assignment of personnel to the office. The Health Care

26  Consumer Advocate may employ or contract with experts when

27  necessary to carry out functions of the office.

28         (5)(a)  The Office of Health Care Consumer Advocate

29  shall serve as a clearinghouse for matters relating to health

30  care consumer protection, health care consumer information,

31  and health care consumer services generally. It may receive

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  1  complaints from health care consumers and advise such

  2  consumers of the procedure to follow, or promptly transmit the

  3  complaint to the most appropriate agency, in order that the

  4  complaint may be expeditiously handled in the best interests

  5  of the complaining consumer. If any complaint received by the

  6  Office of Health Care Consumer Advocate concerns matters that

  7  involve concurrent jurisdiction in more than one agency, the

  8  office must refer the matter to each agency that the office

  9  believes to have concurrent jurisdiction and must send

10  duplicate copies of the complaint to each such agency. If

11  there is no other agency that has jurisdiction, the office

12  shall seek a settlement of the complaint by means of formal or

13  informal methods of mediation and conciliation and may seek

14  any other resolution of the matter in accordance with its

15  jurisdiction.

16         (b)  Any agency, office, bureau, division, or board of

17  state government which receives a complaint that deals with

18  health care consumer fraud or health care consumer protection

19  and that is not within the jurisdiction of that agency,

20  office, bureau, division, or board shall immediately refer the

21  complaint to the Office of Health Care Consumer Advocate.

22         (c)  Upon receipt of such a referral, the Office of

23  Health Care Consumer Advocate shall make a determination as to

24  the proper jurisdiction of the complaint and shall:

25         1.  Immediately refer the complaint to the agency,

26  office, bureau, division, or board that has the regulatory or

27  enforcement authority to act on it; or

28         2.  Seek to resolve the complaint, if no other agency,

29  board, office, bureau, or division of state government has the

30  regulatory or enforcement authority to act on the complaint.

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  1         (d)  The office or agency to which a complaint has been

  2  referred shall promptly acknowledge receipt of the complaint.

  3  Within 90 days after receiving the complaint, the office or

  4  agency shall report on its disposition of the complaint. For

  5  each complaint that has not been disposed of within the 90

  6  days, the receiving office or agency shall file progress

  7  reports with the Office of Health Care Consumer Advocate no

  8  less frequently than every 30 days until final disposition of

  9  the complaint has been made.

10         (e)  The report must contain at least the following

11  information:

12         1.  A finding of whether the receiving agency has

13  jurisdiction over the subject matter involved in the

14  complaint.

15         2.  Whether the complaint is adjudged to be frivolous,

16  a sham, or without basis in fact or law.

17         3.  What action has been taken and whether the original

18  complainant was satisfied with the final disposition.

19         4.  Any recommendation regarding needed changes in law

20  or procedure which, in the opinion of the reporting agency or

21  office, will improve consumer protection in the area involved.

22         (f)  If the office or agency receiving a complaint

23  referred by the Office of Health Care Consumer Advocate fails

24  to file a report as required by this section, the Health Care

25  Consumer Advocate shall notify the head of the agency or

26  office and request compliance with the reporting requirements

27  within 10 days. If the agency or office fails to file the

28  required report within 10 days after notification by the

29  Health Care Consumer Advocate, the Health Care Consumer

30  Advocate may take jurisdiction over the complaint.

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  1         (g)  If an office or agency receiving a complaint

  2  referred by the Office of Health Care Consumer Advocate

  3  determines that the matter presents a prima facie case for

  4  criminal prosecution or if the complaint cannot be settled at

  5  the administrative level, the complaint, together with all

  6  supporting evidence, must be transmitted back to the Office of

  7  Health Care Consumer Advocate or other appropriate enforcement

  8  agency with a recommendation for civil or criminal action

  9  warranted by the evidence.

10         (6)  The Office of Health Care Consumer Advocate shall

11  maintain records and compile summaries and analyses of

12  consumer health care complaints, the length of time taken to

13  dispose of complaints, and the eventual disposition of

14  complaints, which data may serve as a basis for

15  recommendations to the Legislature and to state regulatory

16  agencies.

17         (7)  If the Office of Health Care Consumer Advocate, by

18  its own inquiry or as a result of complaints, has reason to

19  believe that a violation of the laws of the state relating to

20  health care consumer protection has occurred or is occurring,

21  it may conduct an investigation, subpoena witnesses and

22  evidence, and administer oaths and affirmations. If, as a

23  result of the investigation, the office has reason to believe

24  that a violation of the law has occurred, the office and any

25  state attorney within whose judicial circuit the violation has

26  occurred or is occurring has the authority to bring an action

27  in accordance with the appropriate laws or regulations.

28         (8)  If the Office of Health Care Consumer Advocate, by

29  its own inquiry or as a result of complaints, has reason to

30  believe that a violation of the laws of the state relating to

31  health care consumer protection has occurred or is occurring,

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  1  that the interests of the health care consumers of this state

  2  have been damaged or are being damaged, or that the public

  3  health, safety, or welfare is endangered or is likely to be

  4  endangered by any health care goods or services, the office

  5  may commence legal proceedings in circuit court to enjoin the

  6  act or practices or the sale of the product or service and may

  7  seek appropriate relief on behalf of the health care

  8  consumers. Upon application by the office, a hearing must be

  9  held within 3 days after the commencement of the proceedings.

10         (9) The Health Care Consumer Advocate shall establish

11  and maintain a toll-free telephone number for the purpose of

12  receiving consumer complaints regarding health care insurers,

13  health maintenance organizations, health care practitioners,

14  health care facilities, and other providers of health care

15  goods and services.

16         (10) Each health care insurer, health care

17  practitioner, health care facility, or other provider of

18  health care goods and services shall publish the Health Care

19  Consumer Advocate's toll-free telephone number and Internet

20  address and the Florida Relay Service's toll-free telephone

21  numbers for the hearing and speech impaired, on each insurer

22  contract, on copies of grievance procedures, and on complaint

23  forms. The Health Care Consumer Advocate's toll-free telephone

24  number and Internet address and the Florida Relay Service's

25  toll-free telephone number for the hearing and speech impaired

26  must be included on all written notices to insureds,

27  enrollees, residents, or patients which are distributed as a

28  part of a grievance process, including any written

29  communications to an insured, enrollee, resident, or patient

30  which offers the opportunity to participate in the grievance

31  process and on all written responses to grievances.

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  1         (11)  The Health Care Consumer Advocate shall have

  2  access to records of all state agencies, as appropriate. All

  3  public records, public meetings, and confidentiality

  4  protections applicable to any record held by an agency must be

  5  maintained by the Office of the Health Care Consumer Advocate

  6  while the records remain in the custody of the office. The

  7  Attorney General's Office shall assist the office in

  8  compelling the production and disclosure of any information

  9  the office considers necessary to the performance of its

10  duties.

11         (12)  The Health Care Consumer Advocate shall annually

12  issue a report on the activities of the Office of Health Care

13  Consumer Advocate and shall appear before the appropriate

14  substantive and fiscal committees of the Legislature, if

15  requested, to report and make recommendations on the

16  activities of the office.

17         Section 2.  Section 408.10, Florida Statutes, is

18  amended to read:

19         408.10  Consumer complaints.--The agency shall:

20         (1)  Publish and make available to the public a

21  toll-free telephone number for the purpose of handling

22  consumer complaints and shall serve as a liaison between

23  consumer entities and other private entities and governmental

24  entities for the disposition of problems identified by

25  consumers of health care.

26         (2)  Be empowered to investigate consumer complaints

27  relating to problems with health care facilities' billing

28  practices and issue reports to be made public in any cases

29  where the agency determines the health care facility has

30  engaged in billing practices which are unreasonable and unfair

31  to the consumer.

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  1         (3)  The agency shall coordinate all activities

  2  authorized under this section with the Office of Health Care

  3  Consumer Advocate established under s. 16.65.

  4         Section 3.  Subsections (2), (3), (4), and (5) of

  5  section 570.544, Florida Statutes, are amended to read:

  6         570.544  Division of Consumer Services; director;

  7  powers; processing of complaints; records.--

  8         (2)  The Division of Consumer Services may:

  9         (a)  Conduct studies and make analyses of matters

10  affecting the interests of all consumers, except for

11  consumers' interests relating to health care goods and

12  services.

13         (b)  Study the operation of laws for consumer

14  protection.

15         (c)  Advise and make recommendations to the various

16  state agencies concerned with matters affecting consumers.

17         (d)  Assist, advise, and cooperate with local, state,

18  or federal agencies and officials in order to promote the

19  interests of all consumers, except for consumers' interests

20  relating to health care goods and services.

21         (e)  Make use of the testing and laboratory facilities

22  of the department for the detection of consumer fraud.

23         (f)  Report to the appropriate law enforcement officers

24  any information concerning violation of consumer protection

25  laws.

26         (g)  Assist, develop, and conduct programs of consumer

27  education and consumer information through publications and

28  other informational and educational material prepared for

29  dissemination to the public, in order to increase the

30  competence of consumers.

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  1         (h)  Organize and hold conferences on problems

  2  affecting consumers.

  3         (i)  Recommend programs to encourage business and

  4  industry to maintain high standards of honesty, fair business

  5  practices, and public responsibility in the production,

  6  promotion, and sale of consumer goods and services.

  7         (3)  In addition to the powers, duties, and

  8  responsibilities authorized by this or any other chapter, the

  9  Division of Consumer Services shall serve as a clearinghouse

10  for matters relating to consumer protection, consumer

11  information, and consumer services generally, except for

12  matters pertaining to health care goods and services. It shall

13  receive complaints and grievances from consumers and promptly

14  transmit them to that agency most directly concerned in order

15  that the complaint or grievance may be expeditiously handled

16  in the best interests of the complaining consumer.  If no

17  agency exists, the Division of Consumer Services shall seek a

18  settlement of the complaint using formal or informal methods

19  of mediation and conciliation and may seek any other

20  resolution of the matter in accordance with its jurisdiction.

21         (4)  If any complaint received by the Division of

22  Consumer Services concerns matters that which involve

23  concurrent jurisdiction in more than one agency, except a

24  complaint relating to a health care consumer issue, duplicate

25  copies of the complaint shall be referred to those offices

26  deemed to have concurrent jurisdiction. The Division of

27  Consumer Services must refer all complaints relating to a

28  health care consumer issue to the Office of Health Care

29  Consumer Advocate.

30         (5)(a)  Any agency, office, bureau, division, or board

31  of state government receiving a complaint which deals with

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  1  consumer fraud or consumer protection and which is not within

  2  the jurisdiction of the receiving agency, office, bureau,

  3  division, or board originally receiving it, shall immediately

  4  refer the complaint to the Division of Consumer Services or,

  5  if the complaint relates to a health care consumer issue, to

  6  the Office of Health Care Consumer Advocate.

  7         (b)  Upon receipt of such a complaint, the Division of

  8  Consumer Services shall make a determination of the proper

  9  jurisdiction to which the complaint relates and shall

10  immediately refer the complaint to the agency, office, bureau,

11  division, or board which does have the proper regulatory or

12  enforcement authority to deal with it.

13         Section 4.  Section 641.60, Florida Statutes, is

14  amended to read:

15         641.60  Statewide Managed Care Ombudsman Committee.--

16         (1)  As used in ss. 641.60-641.75, the term:

17         (a)  "Agency" means the Agency for Health Care

18  Administration.

19         (a)(b)  "Covered medical service" means a service that

20  has been contracted for under the managed care program

21  agreement.

22         (b)(c)  "District" means one of the health service

23  planning districts as defined in s. 408.032.

24         (c)(d)  "District committee" means a district managed

25  care ombudsman committee.

26         (d)(e)  "Enrollee" means an individual who has

27  contracted, or on whose behalf a contract has been entered

28  into, with a managed care program for health care.

29         (e)(f)  "Managed care program" means a health care

30  delivery system that emphasizes primary care and integrates

31  the financing and delivery of services to enrolled individuals

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  1  through arrangements with selected providers, formal quality

  2  assurance and utilization review, and financial incentives for

  3  enrollees to use the program's providers.  Such a health care

  4  delivery system may include arrangements in which providers

  5  receive prepaid set payments to coordinate and deliver all

  6  inpatient and outpatient services to enrollees or arrangements

  7  in which providers receive a case management fee to coordinate

  8  services and are reimbursed on a fee-for-service basis for the

  9  services they provide.  A managed care program may include a

10  state-licensed health maintenance organization, a Medicaid

11  prepaid health plan, a Medicaid primary care case management

12  program, or other similar program.

13         (f)  "Office" means the Office of Health Care Consumer

14  Advocate within the Attorney General's office.

15         (g)  "Physician" means a person licensed under chapter

16  458, chapter 459, chapter 460, or chapter 461.

17         (h)  "Statewide committee" means the Statewide Managed

18  Care Ombudsman Committee.

19         (2)  There is created within the Office of Health Care

20  Consumer Advocate Agency for Health Care Administration a

21  Statewide Managed Care Ombudsman Committee.  The statewide

22  committee shall act as a consumer protection and advocacy

23  organization on behalf of all health care consumers receiving

24  services through managed care programs in the state. The

25  statewide committee shall work in conjunction with the office

26  agency in protecting the public health, safety, and welfare,

27  as provided under this section and ss. 641.65, 641.70, and

28  641.75.  The statewide committee shall have administrative

29  authority over the district committees established in s.

30  641.65.

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  1         (3)  The statewide committee shall consist of the

  2  chairpersons of the district committees.

  3         (4)  The members of the statewide committee shall elect

  4  a chairperson to a term of 1 year.  A person may not serve as

  5  chairperson for more than two consecutive terms.

  6         (5)(a)  Members of the statewide committee shall

  7  receive no compensation, but may be reimbursed for travel

  8  expenses in accordance with s. 112.061.

  9         (b)  Travel expenses for the statewide committee shall

10  be funded from appropriations to the Department of Legal

11  Affairs and existing resources of the department the Health

12  Care Trust Fund created by s. 408.16. The statewide committee

13  may solicit grants, gifts, donations, bequests, or other

14  payments including money, property, or services from any

15  governmental or public entity or private entity or person to

16  fund other expenses of the committee and the district

17  committees. Any such moneys received shall be deposited into a

18  trust fund administered by the office agency.

19         (6)  The statewide committee or a member of the

20  committee:

21         (a)  Shall serve as a volunteer organization to protect

22  the rights of all enrollees participating in managed care

23  programs in this state.

24         (b)  Shall receive complaints regarding quality of care

25  from the Agency for Health Care Administration, and may assist

26  the agency with the investigation and resolution of

27  complaints.

28         (c)  May conduct site visits with the Agency for Health

29  Care Administration, as the agency determines is appropriate.

30         (d)  May review existing and new or revised managed

31  care quality assurance programs of the Agency for Health Care

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  1  Administration and make recommendations as to how the rights

  2  of managed care enrollees are affected by such programs.

  3         (e)  May submit a report to the Legislature, no later

  4  than January 1, as appropriate, concerning activities,

  5  recommendations, and complaints reviewed or developed by the

  6  statewide committee and district committees during the

  7  preceding year.

  8         (f)  Shall conduct meetings at least two times a year

  9  at the call of the chairperson and at other times at the call

10  of the Health Care Consumer Advocate secretary of the agency

11  or by written request of three members.

12         (g)  Shall adopt agency guidelines to carry out its

13  purposes and responsibilities and those of the district

14  committees.

15         (h)  Shall monitor the district committees and provide

16  technical assistance to members of district committees.

17         Section 5.  Section 641.65, Florida Statutes, is

18  amended to read:

19         641.65  District managed care ombudsman committees.--

20         (1)  A district managed care ombudsman committee is

21  created in each district of the Agency for Health Care

22  Administration which that has staff assigned for the

23  regulation of managed care programs. Each district committee

24  is subject to direction from and the supervision of the

25  statewide committee.

26         (2)  Each district committee shall have no fewer than 9

27  members and no more than 16 members, including at least:  one

28  physician licensed under chapter 458, one physician licensed

29  under chapter 459, one physician licensed under chapter 460,

30  and one physician licensed under chapter 461, one

31  psychologist, one registered nurse, one clinical social

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  1  worker, one attorney, and one consumer.  For the consumer

  2  member, preference shall be given to members of organized

  3  consumer or advocacy groups with national or statewide

  4  membership. A No member may not be employed by or affiliated

  5  with a managed care program.

  6         (3)(a)  The Health Care Consumer Advocate agency

  7  director shall appoint the first three members of each

  8  district committee, and those three members shall select the

  9  remaining members, subject to approval of the Health Care

10  Consumer Advocate agency director.  If any of the first three

11  members are not appointed within 60 days after the statewide

12  committee is established and after a request is submitted to

13  the Health Care Consumer Advocate agency director, those

14  members shall be appointed by a majority vote of the statewide

15  committee without further action by the Health Care Consumer

16  Advocate agency director.

17         (b)  Members shall be appointed to serve for a term of

18  3 years, except that at the time of initial appointment, terms

19  shall be staggered so the first 40 percent of members

20  appointed shall serve for a term of 2 years and the remaining

21  members shall serve for a term of 3 years.  Members may serve

22  only two consecutive terms.

23         (c)  Upon the expiration of the term of a member or

24  upon the occurrence of a vacancy, the district committee shall

25  appoint a successor, subject to the approval of the Health

26  Care Consumer Advocate agency director.

27         (d)  If the Health Care Consumer Advocate agency

28  director fails to approve or disapprove a replacement member

29  within 30 days after the district committee provides the

30  Health Care Consumer Advocate agency director with a

31  nomination, the nomination is automatically approved.

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  1         (4)  Each district committee shall elect a chairperson

  2  for a term of 1 year.  A person may not serve as chairperson

  3  for more than two consecutive terms.

  4         (5)  If a district committee member misses, without

  5  cause, two-thirds of the regular district committee meetings

  6  in a calendar year, the member is automatically removed, and

  7  the district committee shall select a replacement.

  8         (6)  Each district committee or member of the

  9  committee:

10         (a)  Shall serve to protect the health, safety, and

11  rights of all enrollees participating in managed care programs

12  in this state.

13         (b)  Shall receive complaints regarding quality of care

14  from the Agency for Health Care Administration, and may assist

15  the agency with the resolution of complaints.

16         (c)  May conduct site visits with the Agency for Health

17  Care Administration, as the agency determines is appropriate.

18  A complaint may be referred by the agency to the committee, as

19  to whether an enrollee's managed care program may have

20  inappropriately denied the enrollee a covered medical service,

21  may be inappropriately delaying the provision of a covered

22  medical service to the enrollee, or is providing substandard

23  covered medical services.  The committee shall establish and

24  follow uniform criteria in reviewing information and receiving

25  complaints.

26         (d)  Shall submit an annual report to the statewide

27  committee concerning activities, recommendations, and

28  complaints reviewed or developed by the district committee

29  during the year.

30         (e)  Shall conduct meetings as required at the call of

31  its chairperson, the call of the Health Care Consumer Advocate

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    Florida Senate - 2001                                   SB 438
    38-177A-01




  1  agency director, the call of the statewide committee, or by

  2  written request of a majority of the district committee

  3  members.

  4         Section 6.  Section 641.70, Florida Statutes, is

  5  amended to read:

  6         641.70  Department Agency duties relating to the

  7  Statewide Managed Care Ombudsman Committee and the district

  8  managed care ombudsman committees.--

  9         (1)  The Department of Legal Affairs agency shall adopt

10  rules that specify:

11         (a)  Procedures by which the statewide committee and

12  district committees receive reports of enrollee complaints

13  from the Agency for Health Care Administration.

14         (b)  Procedures by which enrollee information shall be

15  made available to members of the statewide committee and to

16  the district committees.

17         (c)  Procedures by which recommendations made by the

18  committees shall be considered for incorporation into policies

19  and procedures of the Agency for Health Care Administration.

20         (d)  Procedures by which statewide committee members

21  shall be reimbursed for authorized expenditures.

22         (e)  Any other procedures that are necessary to

23  administer this section and ss. 641.60 and 641.65.

24         (2)  The Agency for Health Care Administration shall

25  provide a meeting place for district committees in agency

26  offices and shall provide the necessary administrative support

27  to assist the statewide committee and district committees,

28  within available resources of the Agency for Health Care

29  Administration and the Department of Legal Affairs.

30         (3)  The secretary of the Agency for Health Care

31  Administration shall ensure the full cooperation and

                                  18

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    Florida Senate - 2001                                   SB 438
    38-177A-01




  1  assistance of agency employees with members of the statewide

  2  committee and district committees.

  3         Section 7.  The sum of $        is appropriated from

  4  the General Revenue Fund to the Department of Legal Affairs to

  5  fund the Office of Health Care Consumer Advocate and to carry

  6  out the provisions of this act.

  7         Section 8.  This act shall take effect July 1, 2001.

  8

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

10                          SENATE SUMMARY

11    Creates the Office of Health Care Consumer Advocate in
      the Department of Legal Affairs. Provides duties and
12    responsibilities of the office. Requires certain entities
      to publish toll-free telephone numbers and a prescribed
13    statement. Authorizes the Health Care Consumer Advocate
      to assign personnel and to contract with experts.
14    Authorizes the Health Care Consumer Advocate to have
      access to records maintained by certain state agencies.
15    Requires the Attorney General's Office to provide certain
      legal assistance to the Office of Health Care Consumer
16    Advocate. Requires the Health Care Consumer Advocate to
      issue an annual report and to appear before the
17    Legislature if requested to do so. Excludes health care
      consumer issues from the jurisdiction of the Division of
18    Consumer Services of the Department of Agriculture and
      Consumer Services. Transfers authority to act as consumer
19    liaison from the Agency for Health Care Administration to
      the Office of Health Care Consumer Advocate. Excludes
20    health care consumer issues from the jurisdiction of the
      Division of Consumer Services. Transfers jurisdiction
21    over health care consumer issues to the Health Care
      Consumer Advocate. Transfers the statewide managed care
22    ombudsman committee from the Agency for Health Care
      Administration to the Office of Health Care Consumer
23    Advocate. Revises the procedures for appointing district
      managed care ombudsmen. Transfers certain oversight
24    duties relating to the statewide managed care ombudsman
      committee and the district managed care ombudsman
25    committees from the Agency for Health Care Administration
      to the Department of Legal Affairs. Provides an
26    appropriation.

27

28

29

30

31

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