CS/HB 1111

1
A bill to be entitled
2An act relating to fiscal intermediary services
3organizations; amending s. 641.316, F.S.; redefining the
4term "fiscal intermediary services organization" for
5purposes of provisions governing organizations that manage
6the business affairs of health care professionals;
7providing an exception from the requirement to obtain a
8bond; revising compliance requirements for registration as
9a fiscal intermediary services organization; providing an
10effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Paragraph (b) of subsection (2) and subsections
15(4) and (6) of section 641.316, Florida Statutes, are amended to
16read:
17     641.316  Fiscal intermediary services.--
18     (2)
19     (b)  The term "fiscal intermediary services organization"
20means a person or entity that which performs fiduciary or fiscal
21intermediary services to health care professionals who contract
22with health maintenance organizations other than a fiscal
23intermediary services organization owned, operated, or
24controlled by a hospital licensed under chapter 395, an insurer
25licensed under chapter 624, a third-party administrator licensed
26under chapter 626, a prepaid limited health service organization
27licensed under chapter 636, a health maintenance organization
28licensed under this chapter, or a physician group practice
29practices as defined in s. 456.053(3)(h) which provides services
30under the scope of licenses of the members of the group
31practice.
32     (4)  A fiscal intermediary services organization, as
33described in subsection (3), shall secure and maintain a surety
34bond on file with the office, naming the intermediary as
35principal. The bond must be obtained from a company authorized
36to write surety insurance in the state, and the office shall be
37obligee on behalf of itself and third parties. The penal sum of
38the bond may not be less than 5 percent of the funds handled by
39the intermediary in connection with its fiscal and fiduciary
40services during the prior year or $250,000, whichever is less.
41The minimum bond amount must be $10,000. The condition of the
42bond must be that the intermediary shall register with the
43office and shall not misappropriate funds within its control or
44custody as a fiscal intermediary or fiduciary. The aggregate
45liability of the surety for any and all breaches of the
46conditions of the bond may not exceed the penal sum of the bond.
47The bond must be continuous in form, must be renewed annually by
48a continuation certificate, and may be terminated by the surety
49upon its giving 30 days' written notice of termination to the
50office. This subsection does not apply to a fiscal intermediary
51services organization that is owned, operated, or controlled by
52a third-party administrator holding a certificate of authority
53under part VII of chapter 626.
54     (6)  Any fiscal intermediary services organization, other
55than a fiscal intermediary services organization owned,
56operated, or controlled by a hospital licensed under chapter
57395, an insurer licensed under chapter 624, a third-party
58administrator licensed under chapter 626, a prepaid limited
59health service organization licensed under chapter 636, a not-
60for-profit corporation that provides health care services
61directly to patients through employed, salaried physicians and
62that is affiliated with an accredited hospital licensed in this
63state, a health maintenance organization licensed under this
64chapter, or a physician group practice practices as defined in
65s. 456.053(3)(h) which provides services under the scope of
66licenses of the members of the group practice, must register
67with the office and meet the requirements of this section. In
68order to register as a fiscal intermediary services
69organization, the organization must comply with ss.
70641.21(1)(c), and (d), and (j), and 641.22(6), and 641.27. The
71fiscal intermediary services organization must also comply with
72the provisions of ss. 641.3155, 641.3156, and 641.51(4). Should
73the office determine that the fiscal intermediary services
74organization does not meet the requirements of this section, the
75registration shall be denied. If In the event that the
76registrant fails to maintain compliance with the provisions of
77this section, the office may revoke or suspend the registration.
78In lieu of revocation or suspension of the registration, the
79office may levy an administrative penalty in accordance with s.
80641.25.
81     Section 2.  This act shall take effect October 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.