Senate Bill sb0256e1
CODING: Words stricken are deletions; words underlined are additions.
    CS for SB 256                                  First Engrossed
  1                      A bill to be entitled
  2         An act relating to the Subscriber Assistance
  3         Program; amending s. 408.7056, F.S.;
  4         redesignating the Statewide Provider and
  5         Subscriber Assistance Program as the Subscriber
  6         Assistance Program; requiring the Subscriber
  7         Assistance Panel to hold the record of a
  8         grievance hearing open for a specified period
  9         after the hearing; revising the Agency for
10         Health Care Administration's authority to
11         obtain records associated with subscriber
12         grievances; requiring the Agency for Health
13         Care Administration to impose a fine for each
14         violation relating to the production of records
15         from a health care provider or managed care
16         entity; specifying procedures for handling a
17         tie vote by the Subscriber Assistance Panel;
18         specifying circumstances under which the agency
19         or the Department of Insurance may delay
20         issuance of a proposed final order or emergency
21         order recommended by the panel; requiring that
22         the Agency for Health Care Administration
23         develop a training program for panel members;
24         amending ss. 641.3154, 641.511, 641.58, F.S.;
25         redesignating the Statewide Provider and
26         Subscriber Assistance Panel as the Subscriber
27         Assistance Panel; requiring that a subscriber
28         or the provider acting on behalf of a
29         subscriber be notified of the right to submit a
30         written grievance if a case is unresolved;
31         providing an effective date.
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    CS for SB 256                                  First Engrossed
  1  Be It Enacted by the Legislature of the State of Florida:
  2
  3         Section 1.  Section 408.7056, Florida Statutes, is
  4  amended to read:
  5         408.7056  Statewide Provider and Subscriber Assistance
  6  Program.--
  7         (1)  As used in this section, the term:
  8         (a)  "Agency" means the Agency for Health Care
  9  Administration.
10         (b)  "Department" means the Department of Insurance.
11         (c)  "Grievance procedure" means an established set of
12  rules that specify a process for appeal of an organizational
13  decision.
14         (d)  "Health care provider" or "provider" means a
15  state-licensed or state-authorized facility, a facility
16  principally supported by a local government or by funds from a
17  charitable organization that holds a current exemption from
18  federal income tax under s. 501(c)(3) of the Internal Revenue
19  Code, a licensed practitioner, a county health department
20  established under part I of chapter 154, a prescribed
21  pediatric extended care center defined in s. 400.902, a
22  federally supported primary care program such as a migrant
23  health center or a community health center authorized under s.
24  329 or s. 330 of the United States Public Health Services Act
25  that delivers health care services to individuals, or a
26  community facility that receives funds from the state under
27  the Community Alcohol, Drug Abuse, and Mental Health Services
28  Act and provides mental health services to individuals.
29         (e)  "Managed care entity" means a health maintenance
30  organization or a prepaid health clinic certified under
31  chapter 641, a prepaid health plan authorized under s.
                                  2
CODING: Words stricken are deletions; words underlined are additions.
    CS for SB 256                                  First Engrossed
  1  409.912, or an exclusive provider organization certified under
  2  s. 627.6472.
  3         (f)  "Panel" means a statewide provider and subscriber
  4  assistance panel selected as provided in subsection (11).
  5         (2)  The agency shall adopt and implement a program to
  6  provide assistance to subscribers and providers, including
  7  those whose grievances are not resolved by the managed care
  8  entity to the satisfaction of the subscriber or provider. The
  9  program shall consist of one or more panels that meet as often
10  as necessary to timely review, consider, and hear grievances
11  and recommend to the agency or the department any actions that
12  should be taken concerning individual cases heard by the
13  panel. The panel shall hear every grievance filed by
14  subscribers and providers on behalf of subscribers, unless the
15  grievance:
16         (a)  Relates to a managed care entity's refusal to
17  accept a provider into its network of providers;
18         (b)  Is part of an internal grievance in a Medicare
19  managed care entity or a reconsideration appeal through the
20  Medicare appeals process which does not involve a quality of
21  care issue;
22         (c)  Is related to a health plan not regulated by the
23  state such as an administrative services organization,
24  third-party administrator, or federal employee health benefit
25  program;
26         (d)  Is related to appeals by in-plan suppliers and
27  providers, unless related to quality of care provided by the
28  plan;
29         (e)  Is part of a Medicaid fair hearing pursued under
30  42 C.F.R. ss. 431.220 et seq.;
31
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    CS for SB 256                                  First Engrossed
  1         (f)  Is the basis for an action pending in state or
  2  federal court;
  3         (g)  Is related to an appeal by nonparticipating
  4  providers, unless related to the quality of care provided to a
  5  subscriber by the managed care entity and the provider is
  6  involved in the care provided to the subscriber;
  7         (h)  Was filed before the subscriber or provider
  8  completed the entire internal grievance procedure of the
  9  managed care entity, the managed care entity has complied with
10  its timeframes for completing the internal grievance
11  procedure, and the circumstances described in subsection (6)
12  do not apply;
13         (i)  Has been resolved to the satisfaction of the
14  subscriber or provider who filed the grievance, unless the
15  managed care entity's initial action is egregious or may be
16  indicative of a pattern of inappropriate behavior;
17         (j)  Is limited to seeking damages for pain and
18  suffering, lost wages, or other incidental expenses, including
19  accrued interest on unpaid balances, court costs, and
20  transportation costs associated with a grievance procedure;
21         (k)  Is limited to issues involving conduct of a health
22  care provider or facility, staff member, or employee of a
23  managed care entity which constitute grounds for disciplinary
24  action by the appropriate professional licensing board and is
25  not indicative of a pattern of inappropriate behavior, and the
26  agency or department has reported these grievances to the
27  appropriate professional licensing board or to the health
28  facility regulation section of the agency for possible
29  investigation; or
30
31
                                  4
CODING: Words stricken are deletions; words underlined are additions.
    CS for SB 256                                  First Engrossed
  1         (l)  Is withdrawn by the subscriber or provider.
  2  Failure of the subscriber or the provider to attend the
  3  hearing shall be considered a withdrawal of the grievance.
  4         (3)  The agency shall review all grievances within 60
  5  days after receipt and make a determination whether the
  6  grievance shall be heard.  Once the agency notifies the panel,
  7  the subscriber or provider, and the managed care entity that a
  8  grievance will be heard by the panel, the panel shall hear the
  9  grievance either in the network area or by teleconference no
10  later than 120 days after the date the grievance was filed.
11  The agency shall notify the parties, in writing, by facsimile
12  transmission, or by phone, of the time and place of the
13  hearing. The panel may take testimony under oath, request
14  certified copies of documents, and take similar actions to
15  collect information and documentation that will assist the
16  panel in making findings of fact and a recommendation. A
17  managed care entity, subscriber, or provider may within 5
18  working days after the hearing of the grievance submit
19  additional information to supplement the record before the
20  panel.  Five working days after the hearing of the grievance,
21  the record shall be closed. The panel shall issue a written
22  recommendation, supported by findings of fact, to the provider
23  or subscriber, to the managed care entity, and to the agency
24  or the department no later than 10 15 working days after the
25  record is closed hearing the grievance. If at the hearing the
26  panel requests additional documentation or additional records,
27  the time for issuing a recommendation is tolled until the
28  information or documentation requested has been provided to
29  the panel.  Except as provided in this section, the
30  proceedings of the panel are not subject to chapter 120. In
31  the event of a tie vote by the panel, the tie shall be decided
                                  5
CODING: Words stricken are deletions; words underlined are additions.
    CS for SB 256                                  First Engrossed
  1  by a second vote and additional votes if necessary. In the
  2  event of a deadlock, defined as three consecutive votes
  3  resulting in a tie vote, such deadlock shall result in a
  4  recommendation by the panel that no further action should be
  5  taken by the agency or department.
  6         (4)  If, upon receiving a proper patient authorization
  7  along with a properly filed grievance, the agency requests
  8  medical records from a health care provider or managed care
  9  entity, the health care provider or managed care entity that
10  has custody of the records has 10 days to provide the records
11  to the agency. Records include all medical records, all
12  telephone communication logs associated with the grievance
13  both to and from the subscriber, and any other contents of the
14  internal grievance file associated with the complaint filed
15  with the Subscriber Assistance Program.  The agency must
16  impose a fine of up to $500 for each day that the requested
17  records are not produced. Failure to provide requested medical
18  records may result in the imposition of a fine of up to $500.
19  Each day that records are not produced is considered a
20  separate violation.
21         (5)  Grievances that the agency determines pose an
22  immediate and serious threat to a subscriber's health must be
23  given priority over other grievances. The panel may meet at
24  the call of the chair to hear the grievances as quickly as
25  possible but no later than 45 days after the date the
26  grievance is filed, unless the panel receives a waiver of the
27  time requirement from the subscriber.  The panel shall issue a
28  written recommendation, supported by findings of fact, to the
29  department or the agency within 10 days after hearing the
30  expedited grievance.
31
                                  6
CODING: Words stricken are deletions; words underlined are additions.
    CS for SB 256                                  First Engrossed
  1         (6)  When the agency determines that the life of a
  2  subscriber is in imminent and emergent jeopardy, the chair of
  3  the panel may convene an emergency hearing, within 24 hours
  4  after notification to the managed care entity and to the
  5  subscriber, to hear the grievance.  The grievance must be
  6  heard notwithstanding that the subscriber has not completed
  7  the internal grievance procedure of the managed care entity.
  8  The panel shall, upon hearing the grievance, issue a written
  9  emergency recommendation, supported by findings of fact, to
10  the managed care entity, to the subscriber, and to the agency
11  or the department for the purpose of deferring the imminent
12  and emergent jeopardy to the subscriber's life.  Within 24
13  hours after receipt of the panel's emergency recommendation,
14  the agency or department may issue an emergency order to the
15  managed care entity. An emergency order remains in force
16  until:
17         (a)  The grievance has been resolved by the managed
18  care entity;
19         (b)  Medical intervention is no longer necessary; or
20         (c)  The panel has conducted a full hearing under
21  subsection (3) and issued a recommendation to the agency or
22  the department, and the agency or department has issued a
23  final order.
24         (7)  After hearing a grievance, the panel shall make a
25  recommendation to the agency or the department which may
26  include specific actions the managed care entity must take to
27  comply with state laws or rules regulating managed care
28  entities.
29         (8)  A managed care entity, subscriber, or provider
30  that is affected by a panel recommendation may within 10 days
31  after receipt of the panel's recommendation, or 72 hours after
                                  7
CODING: Words stricken are deletions; words underlined are additions.
    CS for SB 256                                  First Engrossed
  1  receipt of a recommendation in an expedited grievance, furnish
  2  to the agency or department written exceptions evidence in
  3  opposition to the recommendation or findings of fact of the
  4  panel.
  5         (9)  No later than 30 days after the issuance of the
  6  panel's recommendation and, for an expedited grievance, no
  7  later than 10 days after the issuance of the panel's
  8  recommendation, the agency or the department shall issue may
  9  adopt the panel's recommendation or findings of fact in a
10  proposed final order or an emergency order, as provided in
11  chapter 120, which it shall issue to the managed care entity.
12  However, the agency or department may delay issuance of a
13  proposed final order or emergency order if the agency or
14  department finds that additional investigative information is
15  needed to resolve the subscriber's grievance or if the agency
16  or department finds that the panel's recommendation or
17  findings of fact have been improvidently issued by the panel.
18  The agency or department may issue a proposed final order or
19  an emergency order, as provided in chapter 120, imposing fines
20  or sanctions, including those contained in ss. 641.25 and
21  641.52.  The agency or the department may reject all or part
22  of the panel's recommendation or amend the panel's findings of
23  fact based upon:
24         (a)  Written exceptions provided in opposition to the
25  panel's recommendation or findings of fact;
26         (b)  Facts that the agency or department has discovered
27  at such times when additional investigative information is
28  required; or
29         (c)  The agency's or department's finding that the
30  panel's recommendation or findings of fact have been
31  improvidently issued.
                                  8
CODING: Words stricken are deletions; words underlined are additions.
    CS for SB 256                                  First Engrossed
  1
  2  All fines collected under this subsection must be deposited
  3  into the Health Care Trust Fund.
  4         (10)  In determining any fine or sanction to be
  5  imposed, the agency and the department may consider the
  6  following factors:
  7         (a)  The severity of the noncompliance, including the
  8  probability that death or serious harm to the health or safety
  9  of the subscriber will result or has resulted, the severity of
10  the actual or potential harm, and the extent to which
11  provisions of chapter 641 were violated.
12         (b)  Actions taken by the managed care entity to
13  resolve or remedy any quality-of-care grievance.
14         (c)  Any previous incidents of noncompliance by the
15  managed care entity.
16         (d)  Any other relevant factors the agency or
17  department considers appropriate in a particular grievance.
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; and physicians who have expertise relevant to the case
23  to be heard, on a rotating basis. The agency may contract with
24  a medical director and a primary care physician who shall
25  provide additional technical expertise to the panel.  The
26  medical director shall be selected from a health maintenance
27  organization with a current certificate of authority to
28  operate in Florida. The agency shall develop a training
29  program for persons appointed to membership on the panel. The
30  program shall familiarize such persons with the substantive
31  and procedural laws and rules regarding their responsibilities
                                  9
CODING: Words stricken are deletions; words underlined are additions.
    CS for SB 256                                  First Engrossed
  1  on the panel, including training with respect to the panel's
  2  past recommendations and any subsequent agency action by the
  3  agency or department in such cases.
  4         (12)  Every managed care entity shall submit a
  5  quarterly report to the agency and the department listing the
  6  number and the nature of all subscribers' and providers'
  7  grievances that which have not been resolved to the
  8  satisfaction of the subscriber or provider after the
  9  subscriber or provider follows the entire internal grievance
10  procedure of the managed care entity. The agency shall notify
11  all subscribers and providers included in the quarterly
12  reports of their right to file an unresolved grievance with
13  the panel.
14         (13)  Any information that which would identify a
15  subscriber or the spouse, relative, or guardian of a
16  subscriber and that which is contained in a report obtained by
17  the Department of Insurance pursuant to this section is
18  confidential and exempt from the provisions of s. 119.07(1)
19  and s. 24(a), Art. I of the State Constitution.
20         (14)  A proposed final order issued by the agency or
21  department which only requires the managed care entity to take
22  a specific action under subsection (7) is subject to a summary
23  hearing in accordance with s. 120.574, unless all of the
24  parties agree otherwise. If the managed care entity does not
25  prevail at the hearing, the managed care entity must pay
26  reasonable costs and attorney's fees of the agency or the
27  department incurred in that proceeding.
28         (15)(a)  Any information that which would identify a
29  subscriber or the spouse, relative, or guardian of a
30  subscriber and that which is contained in a document, report,
31  or record prepared or reviewed by the panel or obtained by the
                                  10
CODING: Words stricken are deletions; words underlined are additions.
    CS for SB 256                                  First Engrossed
  1  agency pursuant to this section is confidential and exempt
  2  from the provisions of s. 119.07(1) and s. 24(a), Art. I of
  3  the State Constitution.
  4         (b)  Meetings of the panel shall be open to the public
  5  unless the provider or subscriber whose grievance will be
  6  heard requests a closed meeting or the agency or the
  7  Department of Insurance determines that information of a
  8  sensitive personal nature which discloses the subscriber's
  9  medical treatment or history; or information that which
10  constitutes a trade secret as defined by s. 812.081; or
11  information relating to internal risk-management risk
12  management programs as defined in s. 641.55(5)(c), (6), and
13  (8) may be revealed at the panel meeting, in which case that
14  portion of the meeting during which such sensitive personal
15  information, trade secret information, or internal
16  risk-management-program risk management program information is
17  discussed shall be exempt from the provisions of s. 286.011
18  and s. 24(b), Art. I of the State Constitution.  All closed
19  meetings shall be recorded by a certified court reporter.
20
21  This subsection is subject to the Open Government Sunset
22  Review Act of 1995 in accordance with s. 119.15, and shall
23  stand repealed on October 2, 2003, unless reviewed and saved
24  from repeal through reenactment by the Legislature.
25         Section 2.  Subsection (4) of section 641.3154, Florida
26  Statutes, is amended to read:
27         641.3154  Organization liability; provider billing
28  prohibited.--
29         (4)  A provider or any representative of a provider,
30  regardless of whether the provider is under contract with the
31  health maintenance organization, may not collect or attempt to
                                  11
CODING: Words stricken are deletions; words underlined are additions.
    CS for SB 256                                  First Engrossed
  1  collect money from, maintain any action at law against, or
  2  report to a credit agency a subscriber of an organization for
  3  payment of services for which the organization is liable, if
  4  the provider in good faith knows or should know that the
  5  organization is liable. This prohibition applies during the
  6  pendency of any claim for payment made by the provider to the
  7  organization for payment of the services and any legal
  8  proceedings or dispute resolution process to determine whether
  9  the organization is liable for the services if the provider is
10  informed that such proceedings are taking place. It is
11  presumed that a provider does not know and should not know
12  that an organization is liable unless:
13         (a)  The provider is informed by the organization that
14  it accepts liability;
15         (b)  A court of competent jurisdiction determines that
16  the organization is liable; or
17         (c)  The department or agency makes a final
18  determination that the organization is required to pay for
19  such services subsequent to a recommendation made by the
20  Statewide Provider and Subscriber Assistance Panel pursuant to
21  s. 408.7056.
22         Section 3.  Subsection (1), paragraphs (b) and (e) of
23  subsection (3), paragraph (d) of subsection (4), paragraph (g)
24  of subsection (6), and subsections (9), (10), and (11) of
25  section 641.511, Florida Statutes, are amended to read:
26         641.511  Subscriber grievance reporting and resolution
27  requirements.--
28         (1)  Each Every organization must have a grievance
29  procedure available to its subscribers for the purpose of
30  addressing complaints and grievances. Each Every organization
31  must notify its subscribers that a subscriber must submit a
                                  12
CODING: Words stricken are deletions; words underlined are additions.
    CS for SB 256                                  First Engrossed
  1  grievance within 1 year after the date of occurrence of the
  2  action that initiated the grievance, and may submit the
  3  grievance for review to the Statewide Provider and Subscriber
  4  Assistance Program panel as provided in s. 408.7056 after
  5  receiving a final disposition of the grievance through the
  6  organization's grievance process.  An organization shall
  7  maintain records of all grievances and shall report annually
  8  to the agency the total number of grievances handled, a
  9  categorization of the cases underlying the grievances, and the
10  final disposition of the grievances.
11         (3)  Each organization's grievance procedure, as
12  required under subsection (1), must include, at a minimum:
13         (b)  The names of the appropriate employees or a list
14  of grievance departments that are responsible for implementing
15  the organization's grievance procedure.  The list must include
16  the address and the toll-free telephone number of each
17  grievance department, the address of the agency and its
18  toll-free telephone hotline number, and the address of the
19  Statewide Provider and Subscriber Assistance Program and its
20  toll-free telephone number.
21         (e)  A notice that a subscriber may voluntarily pursue
22  binding arbitration in accordance with the terms of the
23  contract if offered by the organization, after completing the
24  organization's grievance procedure and as an alternative to
25  the Statewide Provider and Subscriber Assistance Program. Such
26  notice shall include an explanation that the subscriber may
27  incur some costs if the subscriber pursues binding
28  arbitration, depending upon the terms of the subscriber's
29  contract.
30         (4)
31
                                  13
CODING: Words stricken are deletions; words underlined are additions.
    CS for SB 256                                  First Engrossed
  1         (d)  In any case in which when the review process does
  2  not resolve a difference of opinion between the organization
  3  and the subscriber or the provider acting on behalf of the
  4  subscriber, the subscriber or the provider acting on behalf of
  5  the subscriber may submit a written grievance to the Statewide
  6  Provider and Subscriber Assistance Program.
  7         (6)
  8         (g)  In any case in which when the expedited review
  9  process does not resolve a difference of opinion between the
10  organization and the subscriber or the provider acting on
11  behalf of the subscriber, the subscriber or the provider
12  acting on behalf of the subscriber may submit a written
13  grievance to the Statewide Provider and Subscriber Assistance
14  Program. In the letter of final decision for any case in which
15  the expedited review does not resolve a difference of opinion
16  between the organization and the subscriber or the provider
17  acting on behalf of the subscriber, the organization must
18  notify the subscriber or the provider acting on behalf of the
19  subscriber of the right to submit the written grievance to the
20  Subscriber Assistance Program.
21         (9)(a)  The agency shall advise subscribers with
22  grievances to follow their organization's formal grievance
23  process for resolution prior to review by the Statewide
24  Provider and Subscriber Assistance Program. The subscriber
25  may, however, submit a copy of the grievance to the agency at
26  any time during the process.
27         (b)  Requiring completion of the organization's
28  grievance process before the Statewide Provider and Subscriber
29  Assistance Program panel's review does not preclude the agency
30  from investigating any complaint or grievance before the
31  organization makes its final determination.
                                  14
CODING: Words stricken are deletions; words underlined are additions.
    CS for SB 256                                  First Engrossed
  1         (10)  Each organization must notify the subscriber in a
  2  final decision letter that the subscriber may request review
  3  of the organization's decision concerning the grievance by the
  4  Statewide Provider and Subscriber Assistance Program, as
  5  provided in s. 408.7056, if the grievance is not resolved to
  6  the satisfaction of the subscriber. The final decision letter
  7  must inform the subscriber that the request for review must be
  8  made within 365 days after receipt of the final decision
  9  letter, must explain how to initiate such a review, and must
10  include the addresses and toll-free telephone numbers of the
11  agency and the Statewide Provider and Subscriber Assistance
12  Program.
13         (11)  Each organization, as part of its contract with
14  any provider, must require the provider to post a consumer
15  assistance notice prominently displayed in the reception area
16  of the provider and clearly noticeable by all patients. The
17  consumer assistance notice must state the addresses and
18  toll-free telephone numbers of the Agency for Health Care
19  Administration, the Statewide Provider and Subscriber
20  Assistance Program, and the Department of Insurance. The
21  consumer assistance notice must also clearly state that the
22  address and toll-free telephone number of the organization's
23  grievance department shall be provided upon request. The
24  agency may adopt is authorized to promulgate rules necessary
25  to administer implement this section.
26         Section 4.  Subsection (4) of section 641.58, Florida
27  Statutes, is amended to read:
28         641.58  Regulatory assessment; levy and amount; use of
29  funds; tax returns; penalty for failure to pay.--
30         (4)  The moneys received and deposited into the Health
31  Care Trust Fund shall be used to defray the expenses of the
                                  15
CODING: Words stricken are deletions; words underlined are additions.
    CS for SB 256                                  First Engrossed
  1  agency in the discharge of its administrative and regulatory
  2  powers and duties under this part, including conducting an
  3  annual survey of the satisfaction of members of health
  4  maintenance organizations; contracting with physician
  5  consultants for the Statewide Provider and Subscriber
  6  Assistance Panel; maintaining offices and necessary supplies,
  7  essential equipment, and other materials, salaries and
  8  expenses of required personnel; and discharging the
  9  administrative and regulatory powers and duties imposed under
10  this part.
11         Section 5.  This act shall take effect July 1, 2002.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
                                  16
CODING: Words stricken are deletions; words underlined are additions.