Senate Bill sb1274c2

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    Florida Senate - 2006                    CS for CS for SB 1274

    By the Committees on Health Care; Banking and Insurance; and
    Senator Atwater




    587-2312-06

  1                      A bill to be entitled

  2         An act relating to plans, policies, contracts,

  3         and programs for the provision of health care

  4         services; amending s. 408.909, F.S.; revising

  5         eligibility requirements for participation in

  6         health flex plans; amending s. 627.642, F.S.;

  7         requiring an identification card containing

  8         specified information to be given to insureds

  9         who have health and accident insurance;

10         amending s. 627.657, F.S.; requiring an

11         identification card containing specified

12         information to be given to insureds under group

13         health insurance policies; amending s. 636.204,

14         F.S.; deleting a requirement that an

15         application for licensure as a discount medical

16         plan organization must be accompanied by a copy

17         of the applicant's most recent financial

18         statements; amending s. 636.206, F.S.;

19         authorizing the Office of Insurance Regulation

20         to examine or investigate the business of a

21         discount medical plan organization under

22         certain circumstances; amending s. 636.210,

23         F.S.; providing an exception to the prohibited

24         restrictions on free access to plan providers

25         for hospital services; amending s. 636.216,

26         F.S.; revising the charges and filing

27         requirements for access to certain health care

28         services; amending s. 636.218, F.S.; deleting a

29         requirement that audited financial statements

30         be included in the annual report filed by a

31         discount medical plan organization; amending s.

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 1         636.220, F.S.; requiring a discount medical

 2         plan organization to certify in writing and

 3         under oath that certain requirements are

 4         satisfied; amending s. 641.31, F.S.; requiring

 5         an identification card to be given to persons

 6         having health care services through a health

 7         maintenance contract; amending ss. 383.145,

 8         641.185, 641.2018, 641.3107, 641.3922, and

 9         641.513, F.S.; conforming cross-references to

10         changes made by the act; providing application;

11         providing effective dates.

12  

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

14  

15         Section 1.  Effective July 1, 2006, subsection (5) of

16  section 408.909, Florida Statutes, is amended to read:

17         408.909  Health flex plans.--

18         (5)  ELIGIBILITY.--Eligibility to enroll in an approved

19  health flex plan is limited to residents of this state who:

20         (a)1.  Are 64 years of age or younger;

21         2.(b)  Have a family income equal to or less than 250

22  200 percent of the federal poverty level;

23         3.(c)  Are eligible under a federally approved Medicaid

24  demonstration waiver and reside in Palm Beach County or

25  Miami-Dade County;

26         4.(d)  Are not covered by a private insurance policy

27  and are not eligible for coverage through a public health

28  insurance program, such as Medicare or Medicaid, unless

29  specifically authorized under paragraph (c), or another public

30  health care program, such as KidCare, and have not been

31  covered at any time during the past 6 months; and

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 1         5.(e)  Have applied for health care coverage through an

 2  approved health flex plan and have agreed to make any payments

 3  required for participation, including periodic payments or

 4  payments due at the time health care services are provided;

 5  or.

 6         (b)  Are part of an employer group in which at least 75

 7  percent of the employees have a family income equal to or less

 8  than 250 percent of the federal poverty level and the employer

 9  has not offered health insurance during the past 6 months.

10         Section 2.  Subsection (3) is added to section 627.642,

11  Florida Statutes, to read:

12         627.642  Outline of coverage.--

13         (3)  In addition to the outline of coverage, a policy

14  as specified in s. 627.6699(3)(k) must be accompanied by an

15  identification card that contains, at a minimum:

16         (a)  The name of the organization issuing the policy or

17  the name of the organization administering the policy,

18  whichever applies.

19         (b)  The name of the contract holder.

20         (c)  The type of plan only if the plan is filed in the

21  state, an indication that the plan is self-funded, or the name

22  of the network.

23         (d)  The member identification number, contract number,

24  and policy or group number, if applicable.

25         (e)  A contact phone number or electronic address for

26  authorizations.

27         (f)  A phone number or electronic address whereby the

28  covered person or hospital, physician, or other person

29  rendering services covered by the policy may determine if the

30  plan is insured and may obtain a benefits verification in

31  order to estimate patient financial responsibility, in

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 1  compliance with privacy rules under the Health Insurance

 2  Portability and Accountability Act.

 3         (g)  The national plan identifier, in accordance with

 4  the compliance date set forth by the federal Department of

 5  Health and Human Services.

 6  

 7  The identification card must present the information in a

 8  readily identifiable manner or, alternatively, the information

 9  may be embedded on the card and available through magnetic

10  stripe or smart card. The information may also be provided

11  through other electronic technology.

12         Section 3.  Present subsection (2) of section 627.657,

13  Florida Statutes, is renumbered as subsection (3), and a new

14  subsection (2) is added to that section, to read:

15         627.657  Provisions of group health insurance

16  policies.--

17         (2)  The medical policy as specified in s.

18  627.6699(3)(k) must be accompanied by an identification card

19  that contains, at a minimum:

20         (a)  The name of the organization issuing the policy or

21  name of the organization administering the policy, whichever

22  applies.

23         (b)  The name of the certificateholder.

24         (c)  The type of plan only if the plan is filed in the

25  state, an indication that the plan is self-funded, or the name

26  of the network.

27         (d)  The member identification number, contract number,

28  and policy or group number, if applicable.

29         (e)  A contact phone number or electronic address for

30  authorizations.

31  

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 1         (f)  A phone number or electronic address whereby the

 2  covered person or hospital, physician, or other person

 3  rendering services covered by the policy may determine if the

 4  plan is insured and may obtain a benefits verification in

 5  order to estimate patient financial responsibility, in

 6  compliance with privacy rules under the Health Insurance

 7  Portability and Accountability Act.

 8         (g)  The national plan identifier, in accordance with

 9  the compliance date set forth by the federal Department of

10  Health and Human Services.

11  

12  The identification card must present the information in a

13  readily identifiable manner or, alternatively, the information

14  may be embedded on the card and available through magnetic

15  stripe or smart card. The information may also be provided

16  through other electronic technology.

17         Section 4.  Subsection (2) of section 636.204, Florida

18  Statutes, is amended to read:

19         636.204  License required.--

20         (2)  An application for a license to operate as a

21  discount medical plan organization must be filed with the

22  office on a form prescribed by the commission. Such

23  application must be sworn to by an officer or authorized

24  representative of the applicant and be accompanied by the

25  following, if applicable:

26         (a)  A copy of the applicant's articles of

27  incorporation or other organizing documents, including all

28  amendments.

29         (b)  A copy of the applicant's bylaws.

30         (c)  A list of the names, addresses, official

31  positions, and biographical information of the individuals who

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 1  are responsible for conducting the applicant's affairs,

 2  including, but not limited to, all members of the board of

 3  directors, board of trustees, executive committee, or other

 4  governing board or committee, the officers, contracted

 5  management company personnel, and any person or entity owning

 6  or having the right to acquire 10 percent or more of the

 7  voting securities of the applicant. Such listing must fully

 8  disclose the extent and nature of any contracts or

 9  arrangements between any individual who is responsible for

10  conducting the applicant's affairs and the discount medical

11  plan organization, including any possible conflicts of

12  interest.

13         (d)  A complete biographical statement, on forms

14  prescribed by the commission, an independent investigation

15  report, and a set of fingerprints, as provided in chapter 624,

16  with respect to each individual identified under paragraph

17  (c).

18         (e)  A statement generally describing the applicant,

19  its facilities and personnel, and the medical services to be

20  offered.

21         (f)  A copy of the form of all contracts made or to be

22  made between the applicant and any providers or provider

23  networks regarding the provision of medical services to

24  members.

25         (g)  A copy of the form of any contract made or

26  arrangement to be made between the applicant and any person

27  listed in paragraph (c).

28         (h)  A copy of the form of any contract made or to be

29  made between the applicant and any person, corporation,

30  partnership, or other entity for the performance on the

31  applicant's behalf of any function, including, but not limited

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 1  to, marketing, administration, enrollment, investment

 2  management, and subcontracting for the provision of health

 3  services to members.

 4         (i)  A copy of the applicant's most recent financial

 5  statements audited by an independent certified public

 6  accountant. An applicant that is a subsidiary of a parent

 7  entity that is publicly traded and that prepares audited

 8  financial statements reflecting the consolidated operations of

 9  the parent entity and the subsidiary may petition the office

10  to accept, in lieu of the audited financial statement of the

11  applicant, the audited financial statement of the parent

12  entity and a written guaranty by the parent entity that the

13  minimum capital requirements of the applicant required by this

14  part will be met by the parent entity.

15         (i)(j)  A description of the proposed method of

16  marketing.

17         (j)(k)  A description of the subscriber complaint

18  procedures to be established and maintained.

19         (k)(l)  The fee for issuance of a license.

20         (l)(m)  Such other information as the commission or

21  office may reasonably require to make the determinations

22  required by this part.

23         Section 5.  Subsection (1) of section 636.206, Florida

24  Statutes, is amended to read:

25         636.206  Examinations and investigations.--

26         (1)  The office may examine or investigate the business

27  and affairs of any discount medical plan organization if the

28  commissioner has reason to believe that the discount medical

29  plan organization is not complying with the requirements of

30  this part. The office may order any discount medical plan

31  organization or applicant to produce any records, books,

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 1  files, advertising and solicitation materials, or other

 2  information and may take statements under oath to determine

 3  whether the discount medical plan organization or applicant is

 4  in violation of the law or is acting contrary to the public

 5  interest. The expenses incurred in conducting any examination

 6  or investigation must be paid by the discount medical plan

 7  organization or applicant. Examinations and investigations

 8  must be conducted as provided in chapter 624.

 9         Section 6.  Subsection (1) of section 636.210, Florida

10  Statutes, is amended to read:

11         636.210  Prohibited activities of a discount medical

12  plan organization.--

13         (1)  A discount medical plan organization may not:

14         (a)  Use in its advertisements, marketing material,

15  brochures, and discount cards the term "insurance" except as

16  otherwise provided in this part or as a disclaimer of any

17  relationship between discount medical plan organization

18  benefits and insurance;

19         (b)  Use in its advertisements, marketing material,

20  brochures, and discount cards the terms "health plan,"

21  "coverage," "copay," "copayments," "preexisting conditions,"

22  "guaranteed issue," "premium," "PPO," "preferred provider

23  organization," or other terms in a manner that could

24  reasonably mislead a person into believing the discount

25  medical plan was health insurance;

26         (c)  Have restrictions on free access to plan

27  providers, except for hospital services, including, but not

28  limited to, waiting periods and notification periods; or

29         (d)  Pay providers any fees for medical services.

30         Section 7.  Section 636.216, Florida Statutes, is

31  amended to read:

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 1         636.216  Charge or form filings.--

 2         (1)  All charges to members must be filed with the

 3  office. and Any charge to members greater than $30 per month

 4  or $360 per year for access to health care services other than

 5  those provided by physicians licensed under chapter 458 or

 6  chapter 459, or by hospitals licensed under chapter 395, must

 7  be approved by the office before the charges can be used. Any

 8  charge to members greater than $60 per month or $720 per year

 9  for health care services that include services provided by

10  physicians licensed under chapter 458 or chapter 459, or by

11  hospitals licensed under chapter 395, must be approved by the

12  office before the charges may be used. The discount medical

13  plan organization has the burden of proof that the charges

14  bear a reasonable relation to the benefits received by the

15  member.

16         (2)  There must be a written agreement between the

17  discount medical plan organization and the member specifying

18  the benefits under the discount medical plan and complying

19  with the disclosure requirements of this part.

20         (3)  All forms used, including the written agreement

21  pursuant to subsection (2), must first be filed with and

22  approved by the office. Every form filed shall be identified

23  by a unique form number placed in the lower left corner of

24  each form.

25         (4)  A charge or form is considered approved on the

26  60th day after its date of filing unless it has been

27  previously disapproved by the office. The office shall

28  disapprove any form that does not meet the requirements of

29  this part or that is unreasonable, discriminatory, misleading,

30  or unfair. If such filing is filings are disapproved, the

31  

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 1  office shall notify the discount medical plan organization and

 2  shall specify in the notice the reasons for disapproval.

 3         Section 8.  Section 636.218, Florida Statutes, is

 4  amended to read:

 5         636.218  Annual reports.--

 6         (1)  Each discount medical plan organization must file

 7  with the office, within 3 months after the end of each fiscal

 8  year, an annual report.

 9         (2)  Such reports must be on forms prescribed by the

10  commission and must include:

11         (a)  Audited financial statements prepared in

12  accordance with generally accepted accounting principles

13  certified by an independent certified public accountant,

14  including the organization's balance sheet, income statement,

15  and statement of changes in cash flow for the preceding year.

16  An organization that is a subsidiary of a parent entity that

17  is publicly traded and that prepares audited financial

18  statements reflecting the consolidated operations of the

19  parent entity and the organization may petition the office to

20  accept, in lieu of the audited financial statement of the

21  organization, the audited financial statement of the parent

22  entity and a written guaranty by the parent entity that the

23  minimum capital requirements of the organization required by

24  this part will be met by the parent entity.

25         (a)(b)  If different from the initial application or

26  the last annual report, a list of the names and residence

27  addresses of all persons responsible for the conduct of the

28  organization's affairs, together with a disclosure of the

29  extent and nature of any contracts or arrangements between

30  such persons and the discount medical plan organization,

31  including any possible conflicts of interest.

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 1         (b)(c)  The number of discount medical plan members in

 2  the state.

 3         (c)(d)  Such other information relating to the

 4  performance of the discount medical plan organization as is

 5  reasonably required by the commission or office.

 6         (3)  Every discount medical plan organization which

 7  fails to file an annual report in the form and within the time

 8  required by this section shall forfeit up to $500 for each day

 9  for the first 10 days during which the neglect continues and

10  shall forfeit up to $1,000 for each day after the first 10

11  days during which the neglect continues; and, upon notice by

12  the office to that effect, the organization's authority to

13  enroll new members or to do business in this state ceases

14  while such default continues. The office shall deposit all

15  sums collected by the office under this section to the credit

16  of the Insurance Regulatory Trust Fund. The office may not

17  collect more than $50,000 for each report.

18         Section 9.  Section 636.220, Florida Statutes, is

19  amended to read:

20         636.220  Minimum capital requirements.--

21         (1)  Each discount medical plan organization must at

22  all times maintain a net worth of at least $150,000 and shall

23  certify in writing and under oath at the time of licensure and

24  annually thereafter that the minimum capitalization

25  requirements of this part are satisfied.

26         (2)  The office may not issue a license unless the

27  discount medical plan organization has a net worth of at least

28  $150,000.

29         Section 10.  Present subsections (5) through (40) of

30  section 641.31, Florida Statutes, are renumbered as

31  

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 1  subsections (6) through (41), respectively, and a new

 2  subsection (5) is added to that section, to read:

 3         641.31  Health maintenance contracts.--

 4         (5)  The contract, certificate, or member handbook must

 5  be accompanied by an identification card that contains, at a

 6  minimum:

 7         (a)  The name of the organization offering the contract

 8  or name of the organization administering the contract,

 9  whichever applies.

10         (b)  The name of the subscriber.

11         (c)  A statement that the health plan is a health

12  maintenance organization. Only a health plan with a

13  certificate of authority issued under this chapter may be

14  identified as a health maintenance organization.

15         (d)  The member identification number, contract number,

16  and group number, if applicable.

17         (e)  A contact phone number or electronic address for

18  authorizations.

19         (f)  A phone number or electronic address whereby the

20  covered person or hospital, physician, or other person

21  rendering services covered by the contract may determine if

22  the plan is insured and may obtain a benefits verification in

23  order to estimate patient financial responsibility, in

24  compliance with privacy rules under the Health Insurance

25  Portability and Accountability Act.

26         (g)  The national plan identifier, in accordance with

27  the compliance date set forth by the federal Department of

28  Health and Human Services.

29  

30  The identification card must present the information in a

31  readily identifiable manner or, alternatively, the information

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 1  may be embedded on the card and available through magnetic

 2  stripe or smart card. The information may also be provided

 3  through other electronic technology.

 4         Section 11.  Paragraph (j) of subsection (3) of section

 5  383.145, Florida Statutes, is amended to read:

 6         383.145  Newborn and infant hearing screening.--

 7         (3)  REQUIREMENTS FOR SCREENING OF NEWBORNS; INSURANCE

 8  COVERAGE; REFERRAL FOR ONGOING SERVICES.--

 9         (j)  The initial procedure for screening the hearing of

10  the newborn or infant and any medically necessary followup

11  reevaluations leading to diagnosis shall be a covered benefit,

12  reimbursable under Medicaid as an expense compensated

13  supplemental to the per diem rate for Medicaid patients

14  enrolled in MediPass or Medicaid patients covered by a fee for

15  service program. For Medicaid patients enrolled in HMOs,

16  providers shall be reimbursed directly by the Medicaid Program

17  Office at the Medicaid rate. This service may not be

18  considered a covered service for the purposes of establishing

19  the payment rate for Medicaid HMOs. All health insurance

20  policies and health maintenance organizations as provided

21  under ss. 627.6416, 627.6579, and 641.31(31)(30), except for

22  supplemental policies that only provide coverage for specific

23  diseases, hospital indemnity, or Medicare supplement, or to

24  the supplemental polices, shall compensate providers for the

25  covered benefit at the contracted rate. Nonhospital-based

26  providers shall be eligible to bill Medicaid for the

27  professional and technical component of each procedure code.

28         Section 12.  Paragraphs (b) and (i) of subsection (1)

29  of section 641.185, Florida Statutes, are amended to read:

30         641.185  Health maintenance organization subscriber

31  protections.--

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 1         (1)  With respect to the provisions of this part and

 2  part III, the principles expressed in the following statements

 3  shall serve as standards to be followed by the commission, the

 4  office, the department, and the Agency for Health Care

 5  Administration in exercising their powers and duties, in

 6  exercising administrative discretion, in administrative

 7  interpretations of the law, in enforcing its provisions, and

 8  in adopting rules:

 9         (b)  A health maintenance organization subscriber

10  should receive quality health care from a broad panel of

11  providers, including referrals, preventive care pursuant to s.

12  641.402(1), emergency screening and services pursuant to ss.

13  641.31(13)(12) and 641.513, and second opinions pursuant to s.

14  641.51.

15         (i)  A health maintenance organization subscriber

16  should receive timely and, if necessary, urgent grievances and

17  appeals within the health maintenance organization pursuant to

18  ss. 641.228, 641.31(6)(5), 641.47, and 641.511.

19         Section 13.  Subsection (1) of section 641.2018,

20  Florida Statutes, is amended to read:

21         641.2018  Limited coverage for home health care

22  authorized.--

23         (1)  Notwithstanding other provisions of this chapter,

24  a health maintenance organization may issue a contract that

25  limits coverage to home health care services only. The

26  organization and the contract shall be subject to all of the

27  requirements of this part that do not require or otherwise

28  apply to specific benefits other than home care services. To

29  this extent, all of the requirements of this part apply to any

30  organization or contract that limits coverage to home care

31  services, except the requirements for providing comprehensive

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 1  health care services as provided in ss. 641.19(4), (11), and

 2  (12), and 641.31(1), except ss. 641.31(10)(9), (13)(12), (17),

 3  (18), (19), (20), (21), (22), and (25)(24) and 641.31095.

 4         Section 14.  Section 641.3107, Florida Statutes, is

 5  amended to read:

 6         641.3107  Delivery of contract.--Unless delivered upon

 7  execution or issuance, a health maintenance contract,

 8  certificate of coverage, or member handbook shall be mailed or

 9  delivered to the subscriber or, in the case of a group health

10  maintenance contract, to the employer or other person who will

11  hold the contract on behalf of the subscriber group within 10

12  working days from approval of the enrollment form by the

13  health maintenance organization or by the effective date of

14  coverage, whichever occurs first. However, if the employer or

15  other person who will hold the contract on behalf of the

16  subscriber group requires retroactive enrollment of a

17  subscriber, the organization shall deliver the contract,

18  certificate, or member handbook to the subscriber within 10

19  days after receiving notice from the employer of the

20  retroactive enrollment. This section does not apply to the

21  delivery of those contracts specified in s. 641.31(14)(13).

22         Section 15.  Paragraph (a) of subsection (7) of section

23  641.3922, Florida Statutes, is amended to read:

24         641.3922  Conversion contracts; conditions.--Issuance

25  of a converted contract shall be subject to the following

26  conditions:

27         (7)  REASONS FOR CANCELLATION; TERMINATION.--The

28  converted health maintenance contract must contain a

29  cancellation or nonrenewability clause providing that the

30  health maintenance organization may refuse to renew the

31  contract of any person covered thereunder, but cancellation or

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 1  nonrenewal must be limited to one or more of the following

 2  reasons:

 3         (a)  Fraud or intentional misrepresentation, subject to

 4  the limitations of s. 641.31(24)(23), in applying for any

 5  benefits under the converted health maintenance contract.;

 6         Section 16.  Subsection (4) of section 641.513, Florida

 7  Statutes, is amended to read:

 8         641.513  Requirements for providing emergency services

 9  and care.--

10         (4)  A subscriber may be charged a reasonable

11  copayment, as provided in s. 641.31(13)(12), for the use of an

12  emergency room.

13         Section 17.  Except as otherwise expressly provided in

14  this act, this act shall take effect January 1, 2007, and

15  shall apply to identification cards issued for policies or

16  certificates issued or renewed on or after that date.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                     CS for Senate Bill 1274

20                                 

21  The committee substitute extends eligibility for a health flex
    plan to persons who are part of an employer group in which at
22  least 75 percent of the employees have a family income equal
    to or less than 250 percent of the federal poverty level and
23  the employer has not offered health insurance during the past
    six months.
24  
    The committee substitute also removes the requirement that
25  discount medical plan organizations file audited financial
    statements; requires the organizations to certify that minimum
26  capitalization requirements are satisfied; allows for a market
    investigation by OIR of an organization only "for cause";
27  allows organizations to require a waiting period for accessing
    hospital services; allows organizations to charge up to $60
28  per month without prior approval from OIR for plans that cover
    physicians or hospital services; and requires an organization
29  to file forms for informational purposes with OIR before they
    can market the form.
30  

31  

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