Florida Senate - 2019                                    SB 1486
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01776-19                                           20191486__
    1                        A bill to be entitled                      
    2         An act relating to health care coverage; providing a
    3         directive to the Division of Law Revision to create
    4         part V of chapter 408, F.S., entitled the “Healthy
    5         Florida Act”; creating s. 408.95, F.S.; providing a
    6         short title; creating s. 408.951, F.S.; providing
    7         legislative findings and intent; creating s. 408.952,
    8         F.S.; defining terms; creating s. 408.953, F.S.;
    9         creating the Healthy Florida program, to be
   10         administered by the Healthy Florida Board; creating
   11         the Healthy Florida Board; declaring that the board is
   12         an independent public entity not affiliated with an
   13         agency or a department; specifying the composition and
   14         governance of the board; specifying appointment
   15         procedures and requirements; specifying terms of board
   16         members; providing duties, qualifications, and
   17         prohibited acts of board members; specifying that
   18         board members may not receive compensation for service
   19         but may be reimbursed for certain per diem and travel
   20         expenses; defining the term “health care provider”;
   21         providing immunity from liability for certain acts
   22         performed or obligations entered into by the board or
   23         by board members, officers, or employees; requiring
   24         the board to hire an executive director who is exempt
   25         from civil service and who serves at the pleasure of
   26         the board; providing that the board’s meetings are
   27         subject to public meetings requirements; authorizing
   28         the board to adopt rules; creating s. 408.954, F.S.;
   29         requiring the State Surgeon General of the Department
   30         of Health to establish a public advisory committee to
   31         advise the board on policy matters; specifying the
   32         composition of the committee and the authority
   33         appointing each member; providing requirements for the
   34         Governor, President of the Senate, and Speaker of the
   35         House of Representatives in making appointments;
   36         specifying terms of appointments and reappointments;
   37         providing requirements for filling vacancies;
   38         specifying that committee members serve without
   39         compensation, except for reimbursement for per diem
   40         and travel expenses and a specified amount under
   41         certain circumstances; defining the term “full day of
   42         attending a meeting”; providing requirements for the
   43         minimum frequency and location of committee meetings;
   44         requiring such meetings to be open to the public;
   45         requiring the committee to elect a chair; specifying
   46         terms the chair may serve; providing qualifications
   47         and prohibited acts of committee members; creating s.
   48         408.955, F.S.; specifying powers and duties of the
   49         board in establishing and implementing comprehensive
   50         universal single-payer health care coverage and a
   51         health care cost control system for the benefit of
   52         state residents; prohibiting carriers from offering
   53         benefits or covering services for which coverage is
   54         offered to individuals under the Healthy Florida
   55         program; specifying benefits that may be offered by
   56         carriers; requiring, after a certain timeframe,
   57         certain board members to be program members; requiring
   58         the board to develop certain proposals within a
   59         specified timeframe; authorizing the board to contract
   60         with nonprofit organizations to provide certain
   61         assistance to consumers and health care providers;
   62         requiring the board to provide grants from certain
   63         sources to the Agency for Health Care Administration
   64         and the Department of Economic Opportunity for certain
   65         purposes; requiring the board to provide for the
   66         collection and availability of specified health care
   67         data; requiring the board to make such data publicly
   68         available in a specified manner; requiring the board
   69         to conduct programs to promote and protect public,
   70         environmental, and occupational health, using certain
   71         data; requiring the board to provide for the
   72         collection and availability of certain data within a
   73         certain timeframe; creating s. 408.956, F.S.;
   74         prohibiting law enforcement agencies from using
   75         Healthy Florida moneys, facilities, property,
   76         equipment, or personnel for certain purposes; creating
   77         s. 408.957, F.S.; providing that every resident of
   78         this state is eligible and entitled to enroll under
   79         the Healthy Florida program; specifying that members
   80         may not be required to pay any charge for enrollment
   81         or membership; specifying that members may not be
   82         required to pay any form of cost sharing for all
   83         covered benefits; authorizing institutions of higher
   84         education to purchase coverage under the program for
   85         nonresident students and their dependents; creating s.
   86         408.958, F.S.; specifying covered health care benefits
   87         for members; creating s. 408.96, F.S.; providing
   88         health care provider qualifications for participation
   89         in the program; requiring the board to establish and
   90         maintain certain procedures and standards for out-of
   91         state health care providers providing services under
   92         certain circumstances; providing that members may
   93         choose to receive health care services from any
   94         participating provider, subject to certain conditions;
   95         providing requirements for retaining membership under,
   96         and procedures for withdrawing from, certain
   97         enrollments; creating s. 408.961, F.S.; providing
   98         requirements for care coordination provided by care
   99         coordinators; specifying qualifications for care
  100         coordinators; authorizing a health care provider to be
  101         reimbursed for a health care service only if the
  102         member is enrolled with a care coordinator at the time
  103         the service is provided; requiring the program to
  104         assist certain members in choosing a care coordinator;
  105         requiring that a member remain enrolled with a care
  106         coordinator until the member enrolls with a different
  107         care coordinator or ceases to be a member; specifying
  108         a member’s right to change care coordinators;
  109         authorizing health care organizations to establish
  110         certain rules relating to care coordination; providing
  111         construction; requiring the board to develop by rule
  112         and implement certain procedures and standards;
  113         specifying requirements for a care coordinator to
  114         maintain approval under the program; creating s.
  115         408.962, F.S.; requiring the board to adopt rules
  116         relating to contracting and payment methodologies for
  117         covered health care services and care coordination;
  118         providing a requirement for payment rates; requiring
  119         certain health care services to be paid for on a fee
  120         for-service basis unless and until the board
  121         establishes another payment methodology; authorizing a
  122         certain payment methodology for certain entities;
  123         requiring that the program engage in good faith
  124         negotiations with health care providers’
  125         representatives; requiring that negotiations for drugs
  126         be through a single entity on behalf of the entire
  127         program; providing construction; prohibiting
  128         participating providers from charging certain rates or
  129         soliciting or accepting certain payments; providing an
  130         exception; authorizing the board to adopt rules for
  131         payment methodologies for the payment of certain
  132         capital-related expenses of certain health facilities;
  133         defining the term “health facility”; providing a prior
  134         approval requirement for the payment of such expenses;
  135         requiring that payment methodologies and payment rates
  136         include a reimbursement component for direct and
  137         indirect graduate medical education expenses;
  138         requiring the board to adopt rules for payment
  139         methodologies and procedures for services provided to
  140         members while out of this state; creating s. 408.963,
  141         F.S.; authorizing members to enroll with and receive
  142         certain services from a health care organization;
  143         specifying qualifications for a health care
  144         organization; requiring the board to develop and
  145         implement by rule certain procedures and standards for
  146         health care organizations; requiring the board, in
  147         developing and implementing such standards, to consult
  148         with the Substance Abuse and Mental Health Program
  149         Office within the Department of Children and Families;
  150         providing requirements for health care organizations
  151         to maintain approval under the program; authorizing
  152         the board to adopt certain rules relating to
  153         compliance; providing construction; prohibiting health
  154         care organizations from using health information
  155         technology or clinical practice guidelines for certain
  156         purposes; providing that physicians and registered
  157         nurses may override such technology and guidelines
  158         under certain circumstances; creating s. 408.964,
  159         F.S.; requiring the board to adopt rules establishing
  160         program requirements and standards for the program,
  161         health care organizations, care coordinators, and
  162         health care providers; specifying the objectives of
  163         such requirements and standards; requiring the board
  164         to adopt rules establishing requirements and standards
  165         for replacing and merging services provided by certain
  166         other programs; providing requirements for for-profit
  167         participating providers and care coordinators;
  168         requiring participating providers to furnish certain
  169         information for certain purposes; requiring the board
  170         to consult with certain entities in developing
  171         requirements and standards and making certain policy
  172         determinations; creating s. 408.97, F.S.; requiring
  173         the board to seek necessary federal waivers,
  174         approvals, and arrangements and submit necessary state
  175         plan amendments to operate the program; specifying
  176         requirements for the board in applying for such
  177         waivers and in making such arrangements; requiring the
  178         board to negotiate certain arrangements with the
  179         Federal Government; authorizing the board to require
  180         members or applicants to provide information for a
  181         certain purpose; prohibiting other uses of such
  182         information; authorizing the board to take additional
  183         actions necessary to effectively implement the
  184         program; providing requirements and authorizing
  185         certain acts with respect to the program’s
  186         administration of federally matched public health
  187         programs and Medicare; requiring the board to take
  188         certain actions, upon a finding approved by the Chief
  189         Financial Officer and the board, to reduce or
  190         eliminate certain individual obligations or increase
  191         an individual’s eligibility for certain financial
  192         support; providing applicability; authorizing the
  193         board to require members or applicants to provide
  194         certain information for certain purposes; requiring
  195         members eligible for Medicare benefits to enroll in
  196         Medicare to maintain eligibility in the program;
  197         requiring the program to provide premium assistance to
  198         members enrolling in a certain Medicare drug coverage
  199         plan; requiring a member to provide the program, and
  200         authorize the program to obtain, certain information
  201         relating to a subsidy under the Social Security Act
  202         for a certain purpose; requiring the board to attempt
  203         to obtain such information from records available to
  204         it; requiring the program to make a reasonable effort
  205         to notify members of certain obligations; providing
  206         procedures for notifying members and for the
  207         termination of coverage; prohibiting certain uses of
  208         member information by the board; providing that the
  209         board assumes responsibility for certain benefits and
  210         services; creating s. 408.972, F.S.; providing
  211         legislative intent regarding a revenue plan for the
  212         program; creating s. 408.98, F.S.; defining terms;
  213         specifying requirements for collective negotiation
  214         rights between health care providers and the program;
  215         requiring representatives of negotiating parties to
  216         pay a fee to the board; requiring the board to set
  217         certain fees by rule; prohibiting certain collective
  218         actions; providing construction; creating s. 408.99,
  219         F.S.; providing that the act does not become operative
  220         until the State Surgeon General of the Department of
  221         Health provides a specified notice to the Legislature;
  222         requiring the Department of Health to publish the
  223         notice on its website; creating s. 408.991, F.S.;
  224         providing for severability; providing an effective
  225         date.
  226          
  227  Be It Enacted by the Legislature of the State of Florida:
  228  
  229         Section 1. The Division of Law Revision is directed to
  230  create part V of chapter 408, Florida Statutes, consisting of
  231  ss. 408.95-408.991, Florida Statutes, to be entitled the
  232  “Healthy Florida Act.”
  233         Section 2. Section 408.95, Florida Statutes, is created to
  234  read:
  235         408.95 Short title.—This part may be cited as the “Healthy
  236  Florida Act.”
  237         Section 3. Section 408.951, Florida Statutes, is created to
  238  read:
  239         408.951 Legislative findings and intent.—
  240         (1)The Legislature finds and declares all of the
  241  following:
  242         (a)All residents of this state have the right to health
  243  care. While the federal Patient Protection and Affordable Care
  244  Act (PPACA) brought many improvements in health care and health
  245  care coverage, it still leaves many residents without coverage
  246  or with inadequate coverage.
  247         (b) Residents of this state, as individuals, employers, and
  248  taxpayers, have experienced increases in the cost of health care
  249  and health care coverage in recent years, including rising
  250  premiums, deductibles, and copays, as well as restricted
  251  provider networks and high out-of-network charges.
  252         (c)Businesses have also experienced increases in the costs
  253  of health care benefits for their employees and many employers
  254  are shifting a larger share of the coverage costs to their
  255  employees or dropping coverage entirely.
  256         (d)Individuals often find that they are deprived of
  257  affordable care and choice because of decisions by health
  258  benefit plans guided by the plans economic needs rather than by
  259  consumers’ health care needs.
  260         (e)To address the fiscal crisis facing the health care
  261  system and the state, and to ensure that residents of this state
  262  can exercise their right to health care, comprehensive health
  263  care coverage needs to be provided.
  264         (f)It is the intent of the Legislature to establish a
  265  comprehensive universal single-payer health care coverage
  266  program and a health care cost control system for the benefit of
  267  all residents of this state.
  268         (2)(a) It is further the intent of the Legislature to
  269  establish the Healthy Florida (HF) program to provide universal
  270  health coverage for every resident of this state, based on his
  271  or her ability to pay, and for the program to be funded by
  272  broad-based revenue.
  273         (b)It is the intent of the Legislature for the state to
  274  work to obtain waivers and other approvals relating to Medicaid,
  275  the Children’s Health Insurance Program, Medicare, the PPACA,
  276  and any other federal programs so that any federal funds and
  277  other subsidies that would otherwise be paid to the state,
  278  residents of this state, and health care providers would be paid
  279  by the Federal Government to this state and deposited in the
  280  Healthy Florida Trust Fund.
  281         (c)Under such waivers and approvals, such funds would be
  282  used for health coverage that provides health benefits equal to
  283  or exceeding those federal programs, as well as other program
  284  modifications, including elimination of cost-sharing and
  285  insurance premiums.
  286         (d)The Legislature intends for the programs in paragraph
  287  (b) to be replaced and merged into the HF program, which will
  288  operate as a true single-payer program.
  289         (e)If any necessary waivers or approvals are not obtained,
  290  it is the intent of the Legislature that the state use Medicaid
  291  state plan amendments and seek waivers and approvals to
  292  maximize, and make as seamless as possible, the use of federally
  293  matched public health programs and federal health programs in
  294  the HF program.
  295         (f)Thus, even if other programs such as Medicaid or
  296  Medicare may contribute to paying for care, it is the goal of
  297  this act that the coverage be delivered by the HF program and,
  298  as much as possible, that the multiple sources of funding be
  299  pooled with other HF program funds and not be apparent to HF
  300  program members or participating providers.
  301         (3)This act does not create any employment benefit, nor
  302  does it require, prohibit, or limit the provision of any
  303  employment benefit.
  304         (4)(a) It is the intent of the Legislature not to change or
  305  impact in any way the role or authority of any licensing board
  306  or state agency that regulates the standards for or provision of
  307  health care and the standards for health care providers as
  308  established under current law, including, but not limited to,
  309  chapters 381 through 408; chapters 410, 411, 413, and 429;
  310  chapters 455 through 467; parts I through IV, X, and XIV of
  311  chapter 468; chapters 486, 490, and 491; and the Florida
  312  Insurance Code, as applicable.
  313         (b)This act does not authorize the Healthy Florida Board,
  314  the HF program, or the State Surgeon General of the Department
  315  of Health to establish or revise licensure standards for health
  316  care providers.
  317         (5)It is the intent of the Legislature that neither health
  318  information technology nor clinical practice guidelines limit
  319  the effective exercise of the professional judgment of
  320  physicians and registered nurses. Physicians and registered
  321  nurses are free to override health information technology and
  322  clinical practice guidelines, if in their professional judgment,
  323  it is in the best interest of the patient and consistent with
  324  the patient’s wishes.
  325         (6)(a) It is the intent of the Legislature to provide an
  326  exemption from public records requirements for the personal
  327  identifying information of HF program members as set forth in s.
  328  408.985.
  329         (b)This act would also prohibit law enforcement agencies
  330  from using the HF program’s funds, facilities, property,
  331  equipment, or personnel to investigate, enforce, or assist in
  332  the investigation or enforcement of any criminal, civil, or
  333  administrative violation or warrant for a violation of any law
  334  that individuals register with the Federal Government or any
  335  federal agency based on religion, national origin, ethnicity, or
  336  immigration status.
  337         (7)It is the further intent of the Legislature to address
  338  the high cost of prescription drugs and ensure they are
  339  affordable for patients.
  340         Section 4. Section 408.952, Florida Statutes, is created to
  341  read:
  342         408.952Definitions.—As used in this part, the term:
  343         (1)“Affordable Care Act” or “PPACA” means the federal
  344  Patient Protection and Affordable Care Act, Pub. L. No. 111-148,
  345  as amended by the federal Health Care and Education
  346  Reconciliation Act of 2010, Pub. L. No. 111-152, and any
  347  amendments to, or regulations or guidance issued under, those
  348  acts.
  349         (2)“Allied health practitioner” means a group of health
  350  professionals who apply their expertise in all specialties to
  351  prevent disease transmission and to diagnose, treat, and
  352  rehabilitate people of all ages. Together with a range of
  353  technical and support staff, they may deliver direct patient
  354  care, rehabilitation, treatment, diagnostics, and health
  355  improvement interventions to restore and maintain optimal
  356  physical, sensory, psychological, cognitive, and social
  357  functions. As used in this subsection, the term “health
  358  professional” includes, but is not limited to, an audiologist,
  359  an occupational therapist, a social worker, or a radiographer.
  360         (3)“Board” means the Healthy Florida Board created in s.
  361  408.953.
  362         (4)“Care coordination” means services provided by a care
  363  coordinator under s. 408.961.
  364         (5)“Care coordinator” means an individual or entity
  365  approved by the board to provide care coordination under s.
  366  408.961.
  367         (6)“Carrier” means a private health insurer holding a
  368  valid certificate of authority under chapter 624, or a health
  369  maintenance organization holding a valid certificate of
  370  authority under chapter 641, issued by the Office of Insurance
  371  Regulation.
  372         (7)“Committee” means the public advisory committee
  373  established under s. 408.954.
  374         (8)“Essential community providers” means persons or
  375  entities acting as safety net clinics, safety net health care
  376  providers, or rural hospitals.
  377         (9)“Federally matched public health program” means the
  378  state’s Medicaid program under Title XIX of the Social Security
  379  Act, 42 U.S.C. ss. 1396 et seq., and the Florida Kidcare Act,
  380  the state’s Children’s Health Insurance Program under Title XXI
  381  of the Social Security Act, 42 U.S.C. ss. 1397aa et seq.
  382         (10)“Fund” means the Healthy Florida Trust Fund created
  383  under s. 408.971.
  384         (11)“Health care organization” means an entity that is
  385  approved by the board under s. 408.963 to provide health care
  386  services to members under the program.
  387         (12)“Health care service” means any health care service,
  388  including care coordination, which is included as a benefit
  389  under the program.
  390         (13) “Healthy Florida,” “HF, or “program” means the
  391  Healthy Florida program created in s. 408.953.
  392         (14)“Implementation period” means the period under s.
  393  408.955(6) during which the program is subject to special
  394  eligibility and financing provisions until it is fully
  395  implemented under that subsection.
  396         (15)“Integrated health care delivery system” means a
  397  provider organization that:
  398         (a)Is fully integrated, operationally and clinically, in
  399  order to provide a broad range of health care services,
  400  including preventive care, prenatal and well-baby care,
  401  immunizations, screening diagnostics, emergency services,
  402  hospital and medical services, surgical services, and ancillary
  403  services; and
  404         (b)Is compensated by Healthy Florida using capitation or
  405  facility budgets for the provision of health care services.
  406         (16)“Long-term care” means long-term care, treatment,
  407  maintenance, or services not covered under the Florida Kidcare
  408  Act, as appropriate, with the exception of short-term
  409  rehabilitation, and as defined by the board.
  410         (17)“Medicaid” or “medical assistance” means a program
  411  that is one of the following:
  412         (a)The state Medicaid program under Title XIX of the
  413  Social Security Act, 42 U.S.C. ss. 1396 et seq.
  414         (b)The Florida Kidcare Act, the state’s Children’s Health
  415  Insurance Program under Title XXI of the Social Security Act, 42
  416  U.S.C. ss. 1397aa et seq.
  417         (18)“Medicare” means Title XVIII of the Social Security
  418  Act, 42 U.S.C. ss. 1395 et seq., and the programs thereunder.
  419         (19)“Member” means an individual who is enrolled in the
  420  program.
  421         (20)“Out-of-state health care service” means a health care
  422  service provided in person to a member while he or she is
  423  physically located out of this state under either of the
  424  following circumstances:
  425         (a)It is medically necessary that the health care service
  426  be provided while the member is physically out of this state.
  427         (b)It is clinically appropriate and necessary, and cannot
  428  be provided in this state, because the health care service can
  429  only be provided by a particular health care provider physically
  430  located out of the state. However, any health care service
  431  provided to an HF member by a health care provider located
  432  outside the state and qualified under s. 408.96 is not
  433  considered an out-of-state service and must be covered as
  434  otherwise provided in this part.
  435         (21)“Participating provider” means any individual or
  436  entity that is a health care organization or that is a health
  437  care provider qualified under s. 408.96 which provides health
  438  care services to members under the program.
  439         (22)“Prescription drug” has the same meaning as provided
  440  in s. 499.003.
  441         (23)“Resident” means an individual whose primary place of
  442  abode is in this state, without regard to the individual’s
  443  immigration status.
  444         Section 5. Section 408.953, Florida Statutes, is created to
  445  read:
  446         408.953 The Healthy Florida program; the Healthy Florida
  447  Board; board appointments and governance.—
  448         (1) The Healthy Florida program is hereby created and is to
  449  be administered by the Healthy Florida Board created under this
  450  section.
  451         (2) The Healthy Florida Board is hereby created. The board
  452  shall be an independent public entity not affiliated with an
  453  agency or a department. The board shall be governed by an
  454  executive board consisting of nine members who are residents of
  455  this state. Of the members of the executive board, four shall be
  456  appointed by the Governor, two shall be appointed by the
  457  President of the Senate, and two shall be appointed by the
  458  Speaker of the House of Representatives. The State Surgeon
  459  General of the Department of Health or his or her designee shall
  460  serve as a voting, ex officio member of the board.
  461         (3)Members of the board, other than an ex officio member,
  462  shall be appointed for a term of 4 years. Appointments by the
  463  Governor shall be subject to confirmation by the Senate. A
  464  member of the board may continue to serve until the appointment
  465  and qualification of his or her successor. Vacancies shall be
  466  filled by appointment for an unexpired term. The board shall
  467  elect a chair on an annual basis.
  468         (4)(a) Each person appointed to the board must have
  469  demonstrated and acknowledged expertise in health care.
  470         (b)Appointing authorities shall also consider the
  471  expertise of the other members of the board and attempt to make
  472  appointments so that the board’s composition reflects a
  473  diversity of expertise in the various aspects of health care.
  474         (c)Appointments to the board by the Governor, the
  475  President of the Senate, and the Speaker of the House of
  476  Representatives must consist of:
  477         1. At least one representative of a labor organization
  478  representing registered nurses.
  479         2. At least one representative of the general public.
  480         3. At least one representative of a labor organization.
  481         4. At least one representative of the medical provider
  482  community.
  483         (5) Each member of the board shall have the responsibility
  484  and duty to meet the requirements of this part, the Affordable
  485  Care Act, and all applicable state and federal laws and
  486  regulations; to serve the public interest of the individuals,
  487  employers, and taxpayers seeking health care coverage through
  488  the program; and to ensure the operational well-being and fiscal
  489  solvency of the program.
  490         (6)In making appointments to the board, the appointing
  491  authorities shall take into consideration the cultural, ethnic,
  492  and geographical diversity of the state so that the board’s
  493  composition reflects the communities of this state.
  494         (7)(a)A member of the board or of its staff may not be
  495  employed by, a consultant to, a member of the board of directors
  496  of, affiliated with, or otherwise be a representative of a
  497  health care provider, a health care facility, or a health clinic
  498  while serving on the board or on the board staff. A member of
  499  the board or of its staff may not be a member, a board member,
  500  or an employee of a trade association of health facilities,
  501  health clinics, or health care providers while serving on the
  502  board or on the staff of the board. A member of the board or of
  503  its staff may not be a health care provider unless he or she
  504  receives no compensation for rendering services as a health care
  505  provider and does not have an ownership interest in a health
  506  care practice.
  507         (b)A board member may not receive compensation for his or
  508  her service on the board, but may be reimbursed for per diem and
  509  travel expenses in accordance with s. 112.061 while engaged in
  510  the performance of official duties of the board.
  511         (c)For purposes of this subsection, the term “health care
  512  provider” means a health care professional licensed under
  513  chapter 458, chapter 459, chapter 460, chapter 461, chapter 463,
  514  chapter 464, chapter 465, chapter 466; part I, part III, part
  515  IV, part V, or part X of chapter 468; chapter 483, chapter 484,
  516  chapter 486, chapter 490, or chapter 491.
  517         (8)A member of the board may not make, participate in
  518  making, or in any way attempt to use his or her official
  519  position to influence the making of a decision that he or she
  520  knows, or has reason to know, will have a reasonably foreseeable
  521  material financial effect, distinguishable from its effect on
  522  the public generally, on him or her or a member of his or her
  523  immediate family, or on either of the following:
  524         (a)Any source of income aggregating $250 or more in value
  525  provided to, received by, or promised to the member within 12
  526  months before the time when the decision is made, other than
  527  gifts and other than loans by a commercial lending institution
  528  in the regular course of business on terms available to the
  529  public without regard to official status.
  530         (b)Any business entity in which the member is a director,
  531  officer, partner, trustee, or employee, or holds any position of
  532  management.
  533         (9)There may not be liability in a private capacity on the
  534  part of the board or a member of the board, or an officer or
  535  employee of the board, for or on account of an act performed or
  536  obligation entered into in an official capacity when done in
  537  good faith, without intent to defraud, and in connection with
  538  the administration, management, or conduct of this part or
  539  affairs related to this part.
  540         (10)The board shall hire an executive director to
  541  organize, administer, and manage the operations of the board.
  542  The executive director is exempt from civil service and shall
  543  serve at the pleasure of the board.
  544         (11)The board’s meetings are subject to s. 286.011.
  545         (12)The board may adopt rules necessary to implement and
  546  administer this part in accordance with chapter 120.
  547         Section 6. Section 408.954, Florida Statutes, is created to
  548  read:
  549         408.954 Public advisory committee; composition;
  550  appointments; duties.—
  551         (1)The State Surgeon General of the Department of Health
  552  shall establish a public advisory committee to advise the board
  553  on all matters of policy for the program.
  554         (2)The members of the committee must include all of the
  555  following:
  556         (a)Four physicians, all of whom must be board certified in
  557  their fields, and at least one of whom must be a psychiatrist.
  558  The President of the Senate and the Governor shall each appoint
  559  one member. The Speaker of the House of Representatives shall
  560  appoint two of these members, both of whom shall be primary care
  561  providers.
  562         (b)Two registered nurses, to be appointed by the President
  563  of the Senate.
  564         (c)One licensed allied health practitioner, to be
  565  appointed by the Speaker of the House of Representatives.
  566         (d)One mental health care provider, to be appointed by the
  567  President of the Senate.
  568         (e)One dentist, to be appointed by the Governor.
  569         (f)One representative of private hospitals, to be
  570  appointed by the Governor.
  571         (g)One representative of public hospitals, to be appointed
  572  by the Governor.
  573         (h)One representative of an integrated health care
  574  delivery system, to be appointed by the Governor.
  575         (i)Four consumers of health care. The Governor shall
  576  appoint two of these members, one of whom shall be a member of
  577  the disabled community. The President of the Senate shall
  578  appoint a member who is 65 years of age or older. The Speaker of
  579  the House of Representatives shall appoint the fourth member.
  580         (j)One representative of organized labor, to be appointed
  581  by the Speaker of the House of Representatives.
  582         (k)One representative of organized labor, to be appointed
  583  by the President of the Senate.
  584         (l)One representative of essential community providers, to
  585  be appointed by the President of the Senate.
  586         (m)One representative of small business, which is a
  587  business that employs less than 25 people, to be appointed by
  588  the Governor.
  589         (n)One representative of large business, which is a
  590  business that employs more than 250 people, to be appointed by
  591  the Speaker of the House of Representatives.
  592         (o)One pharmacist, to be appointed by the Speaker of the
  593  House of Representatives.
  594         (3)In making appointments pursuant to this section, the
  595  Governor, the President of the Senate, and the Speaker of the
  596  House of Representatives shall make good faith efforts to ensure
  597  that their appointments, as a whole, reflect, to the greatest
  598  extent feasible, the social and geographic diversity of the
  599  state.
  600         (4)Any member appointed by the Governor, the President of
  601  the Senate, or the Speaker of the House of Representatives shall
  602  serve a 4-year term. These members may be reappointed for
  603  succeeding 4-year terms.
  604         (5)A vacancy that occurs must be filled within 30 days
  605  after it occurs and in the same manner in which the vacating
  606  member was initially selected or appointed. The State Surgeon
  607  General of the Department of Health shall notify the appropriate
  608  appointing authority of any expected vacancy on the public
  609  advisory committee.
  610         (6)Members of the committee shall serve without
  611  compensation, but shall be reimbursed for per diem and travel
  612  expenses in accordance with s. 112.061, and except that a member
  613  shall receive $100 for each full day of attending meetings of
  614  the committee. As used in this subsection, the term “full day of
  615  attending a meeting” means presence at, and participation in,
  616  not less than 75 percent of the total meeting time of the
  617  committee during any particular 24-hour period.
  618         (7)The public advisory committee shall meet at least 6
  619  times per year in a place convenient to the public. All meetings
  620  of the committee must be open to the public pursuant to s.
  621  286.011.
  622         (8)The public advisory committee shall elect a chair who
  623  shall serve for 2 years and who may be reelected for an
  624  additional 2 years.
  625         (9)Appointed committee members must have worked in the
  626  field they represent on the committee for a period of at least 2
  627  years before being appointed to the committee.
  628         (10)It is unlawful for the committee members or any of
  629  their assistants, clerks, or deputies to use for personal
  630  benefit any information that is filed with, or obtained by, the
  631  committee and that is not generally available to the public.
  632         Section 7. Section 408.955, Florida Statutes, is created to
  633  read:
  634         408.955 Board powers and duties.—
  635         (1)The board has all powers and duties necessary to
  636  establish and implement the Healthy Florida program under this
  637  part. The program must provide comprehensive universal single
  638  payer health care coverage and a health care cost control system
  639  for the benefit of all residents of this state.
  640         (2)The board shall, to the maximum extent possible,
  641  organize, administer, and market the program and services as a
  642  single-payer program under the name “HF,” “Healthy Florida,” or
  643  any other name as the board determines, regardless of the law or
  644  source where the definition of a benefit is found, including, on
  645  a voluntary basis, retiree health benefits. In implementing this
  646  part, the board shall avoid jeopardizing federal financial
  647  participation in the programs that are incorporated into Healthy
  648  Florida and shall take care to promote public understanding and
  649  awareness of available benefits and programs.
  650         (3)The board shall consider any matter necessary to carry
  651  out the provisions and purposes of this part. The board may have
  652  no executive, administrative, or appointive duties except as
  653  otherwise provided by law.
  654         (4)The board shall employ necessary staff and authorize
  655  reasonable expenditures, as necessary, from the Healthy Florida
  656  Trust Fund to pay program expenses and to administer the
  657  program.
  658         (5)The board may do all of the following:
  659         (a)Negotiate and enter into any necessary contracts,
  660  including, but not limited to, contracts with health care
  661  providers, integrated health care delivery systems, and care
  662  coordinators.
  663         (b) Sue and be sued.
  664         (c)Receive and accept gifts, grants, or donations of
  665  moneys from any agency of the Federal Government, any agency of
  666  the state, and any municipality, county, or other political
  667  subdivision of the state.
  668         (d)Receive and accept gifts, grants, or donations from
  669  individuals, associations, private foundations, and
  670  corporations, in compliance with the conflict of interest
  671  provisions to be adopted by the board by rule.
  672         (e)Share information with relevant state agencies,
  673  consistent with the confidentiality provisions in this part,
  674  which is necessary for the administration of the program.
  675         (6)The board shall determine when individuals may begin
  676  enrolling in the program. There must be an implementation period
  677  that begins on the date that individuals may begin enrolling in
  678  the program and ends on a date determined by the board.
  679         (7)A carrier may not offer benefits or cover any services
  680  for which coverage is offered to individuals under the program,
  681  but may, if otherwise authorized, offer benefits to cover health
  682  care services that are not offered to individuals under the
  683  program. However, this part does not prohibit a carrier from
  684  offering:
  685         (a)Any benefits to or for individuals, including their
  686  families, who are employed or self-employed in this state but
  687  who are not residents of the state; or
  688         (b)Any benefits during the implementation period to
  689  individuals who enrolled or may enroll as members of the
  690  program.
  691         (8)After the end of the implementation period, a person
  692  may not be a board member unless he or she is a member of the
  693  program, except the ex officio member.
  694         (9)No later than July 1, 2020, the board shall develop the
  695  following proposals:
  696         (a)A proposal, consistent with the principles of this
  697  part, for the program to provide long-term care coverage,
  698  including the development of a proposal, consistent with the
  699  principles of this part, for the program’s funding. In
  700  developing the proposal, the board shall consult with an
  701  advisory committee, appointed by the board chair, which includes
  702  representatives of consumers and potential consumers of long
  703  term care, providers of long-term care, members of organized
  704  labor, and other interested parties.
  705         (b)Proposals for:
  706         1. Accommodating employer retiree health benefits for
  707  people who have been members of HF but live as retirees out of
  708  this state; and
  709         2. Accommodating employer retiree health benefits for
  710  people who earned or accrued those benefits while residing in
  711  this state before the implementation of HF and live as retirees
  712  out of this state.
  713         (c)A proposal for HF coverage of health care services
  714  currently covered under the workers’ compensation system,
  715  including whether and how to continue funding for those services
  716  under that system and whether and how to incorporate an element
  717  of experience rating.
  718         (10) The board may contract with nonprofit organizations to
  719  provide:
  720         (a)Assistance to consumers with respect to selection of a
  721  care coordinator or health care organization, enrolling,
  722  obtaining health care services, disenrolling, and other matters
  723  relating to the program; and
  724         (b)Assistance to health care providers providing, seeking,
  725  or considering whether to provide health care services under the
  726  program, with respect to participating in a health care
  727  organization and interacting with a health care organization.
  728         (11) The board shall provide grants from funds in the
  729  Healthy Florida Trust Fund or from funds otherwise appropriated
  730  for this purpose to the Agency for Health Care Administration
  731  for its functions as the state health planning agency under s.
  732  408.034.
  733         (12) The board shall provide funds from the Healthy Florida
  734  Trust Fund or funds otherwise appropriated for this purpose to
  735  the Department of Economic Opportunity for a program for
  736  retraining and assisting with job transition for individuals
  737  employed or previously employed in the fields of health
  738  insurance, for health care service plans, and for other third
  739  party payments for health care or those individuals providing
  740  services to health care providers to deal with third-party
  741  payers for health care and whose jobs may be or have been ended
  742  as a result of the implementation of the program, consistent
  743  with otherwise applicable law.
  744         (13)(a) The board shall provide for the collection and
  745  availability of all of the following data to promote
  746  transparency, assess adherence to patient care standards,
  747  compare patient outcomes, and review utilization of health care
  748  services paid for by the program:
  749         1. Inpatient discharge data, including acuity and risk of
  750  mortality.
  751         2. Emergency department and ambulatory surgery data,
  752  including charge data, length of stay, and patients’ unit of
  753  observation.
  754         3. Hospital annual financial data, including all of the
  755  following:
  756         a. Community benefits by hospital in dollar value.
  757         b. Number of employees and classification by hospital unit.
  758         c. Number of hours worked by hospital unit.
  759         d. Employee wage information by job title and hospital
  760  unit.
  761         e. Number of registered nurses per staffed bed by hospital
  762  unit.
  763         f. Type and value of health information technology.
  764         g. Annual spending on health information technology,
  765  including purchases, upgrades, and maintenance.
  766         (b)The board shall make all disclosed data collected under
  767  paragraph (a) publicly available and searchable through a
  768  website and through the Department of Health’s public data sets.
  769         (c)The board shall, directly and through grants to
  770  nonprofit entities, conduct programs using data collected
  771  through the Healthy Florida program to promote and protect
  772  public, environmental, and occupational health, including
  773  cooperation with other data collection and research programs of
  774  the Department of Health, consistent with this part and
  775  otherwise applicable law.
  776         (d) Before full implementation of the program, the board
  777  shall provide for the collection and availability of data on the
  778  number of patients served by hospitals and the dollar value of
  779  the care provided, at cost, for all of the following categories
  780  of Department of Health data items:
  781         1. Patients receiving charity care.
  782         2. Contractual adjustments of county and indigent programs,
  783  including traditional and managed care.
  784         3. Bad debts.
  785         Section 8. Section 408.956, Florida Statutes, is created to
  786  read:
  787         408.956 Law enforcement agencies; prohibited acts relating
  788  to Healthy Florida.—Notwithstanding any other law, a law
  789  enforcement agency may not use Healthy Florida moneys,
  790  facilities, property, equipment, or personnel to investigate,
  791  enforce, or assist in the investigation or enforcement of any
  792  criminal, civil, or administrative violation or warrant for a
  793  violation of any requirement that individuals register with the
  794  Federal Government or any federal agency based on religion,
  795  national origin, ethnicity, or immigration status.
  796         Section 9. Section 408.957, Florida Statutes, is created to
  797  read:
  798         408.957 Eligibility and enrollment.—
  799         (1)Every resident of this state is eligible and entitled
  800  to enroll as a member under the program.
  801         (2)(a) A member may not be required to pay any fee,
  802  payment, or other charge for enrolling in or being a member
  803  under the program.
  804         (b)A member may not be required to pay any premium,
  805  copayment, coinsurance, deductible, or any other form of cost
  806  sharing for all covered benefits.
  807         (3)A college, university, or other institution of higher
  808  education in this state may purchase coverage under the program
  809  for a student, or a student’s dependent, who is not a resident
  810  of this state.
  811         Section 10. Section 408.958, Florida Statutes, is created
  812  to read:
  813         408.958 Benefits.—
  814         (1)Covered health care benefits under the program include
  815  all medical care determined to be medically appropriate by the
  816  member’s health care provider.
  817         (2)Covered health care benefits for members must include,
  818  but are not limited to, all of the following:
  819         (a)Licensed inpatient and licensed outpatient medical and
  820  health facility services.
  821         (b)Inpatient and outpatient professional health care
  822  provider medical services.
  823         (c)Diagnostic imaging, laboratory services, and other
  824  diagnostic and evaluative services.
  825         (d)Medical equipment, appliances, and assistive
  826  technology, including prosthetics, eyeglasses, and hearing aids
  827  and the repair, technical support, and customization needed for
  828  individual use.
  829         (e)Inpatient and outpatient rehabilitative care.
  830         (f) Emergency care services.
  831         (g) Emergency transportation.
  832         (h)Necessary transportation for health care services for
  833  persons with disabilities or who may qualify as low income.
  834         (i)Child and adult immunizations and preventive care.
  835         (j) Health and wellness education.
  836         (k) Hospice care.
  837         (l)Care in a skilled nursing facility.
  838         (m)Home health care, including health care provided in an
  839  assisted living facility.
  840         (n) Mental health services.
  841         (o) Substance abuse treatment.
  842         (p) Dental care.
  843         (q) Vision care.
  844         (r) Prescription drugs.
  845         (s) Pediatric care.
  846         (t)Prenatal and postnatal care.
  847         (u) Podiatric care.
  848         (v) Chiropractic care.
  849         (w) Acupuncture.
  850         (x)Therapies that are shown by the National Center for
  851  Complementary and Integrative Health, National Institutes of
  852  Health, to be safe and effective.
  853         (y) Blood and blood products.
  854         (z) Dialysis.
  855         (aa) Adult day care.
  856         (bb)Rehabilitative services.
  857         (cc)Ancillary health care or social services previously
  858  covered by county primary care programs under part I of chapter
  859  154.
  860         (dd)Ancillary health care or social services for persons
  861  with developmental disabilities which were previously
  862  administered by the Developmental Disabilities Council under
  863  chapter 393.
  864         (ee)Case management and care coordination.
  865         (ff)Language interpretation and translation for health
  866  care services, including sign language and Braille or other
  867  services needed for individuals to overcome communication
  868  barriers.
  869         (gg)Health care and long-term supportive services
  870  currently covered under Medicaid or the Florida Kidcare Act.
  871         (3)Covered benefits for members must also include all
  872  health care services required to be covered under any of the
  873  following provisions, without regard to whether the member would
  874  otherwise be eligible for or covered by the program or source
  875  referred to:
  876         (a)The Florida Kidcare Act.
  877         (b)The state Medicaid program.
  878         (c)The Medicare program pursuant to Title XVIII of the
  879  Social Security Act, 42 U.S.C. ss. 1395 et seq.
  880         (d)Chapter 641.
  881         (e)Parts II, VI, and VII of chapter 627, relating to
  882  health insurers.
  883         (f)Any additional health care services authorized to be
  884  added to the program’s benefits by the program.
  885         (g)All essential health benefits mandated by the
  886  Affordable Care Act as of July 1, 2019.
  887         Section 11. Section 408.96, Florida Statutes, is created to
  888  read:
  889         408.96Delivery of care; health care providers.—
  890         (1)(a)Any health care provider who is licensed to practice
  891  in this state and is otherwise in good standing is qualified to
  892  participate in the program as long as the health care provider’s
  893  services are performed within this state.
  894         (b)The board shall establish and maintain procedures and
  895  standards for recognizing health care providers located out of
  896  this state for purposes of providing coverage under the program
  897  for a member who requires out-of-state health care services
  898  while he or she is temporarily located out of this state.
  899         (2)Any health care provider qualified to participate under
  900  this section may provide covered health care services under the
  901  program as long as the health care provider is legally
  902  authorized to perform the health care service for the individual
  903  and under the circumstances involved.
  904         (3)A member may choose to receive health care services
  905  under the program from any participating provider, consistent
  906  with this part and the willingness or availability of the
  907  provider, subject to provisions of this part relating to
  908  discrimination and the appropriate clinically relevant
  909  circumstances.
  910         (4)A person who chooses to enroll with an integrated
  911  health care delivery system, group medical practice, or
  912  essential community provider that offers comprehensive services
  913  shall retain membership for at least 1 year after an initial 3
  914  month evaluation period, during which time the person may
  915  withdraw for any reason.
  916         (a)The 3-month period must commence on the date when a
  917  member first sees a primary care provider.
  918         (b)A person who wishes to withdraw after the initial 3
  919  month period shall request a withdrawal pursuant to the dispute
  920  resolution procedures established by the board and may request
  921  assistance from the patient advocate, which must be provided for
  922  in the dispute resolution procedures, in resolving the dispute.
  923  The dispute must be resolved in a timely fashion and may not
  924  have an adverse effect on the care a patient receives.
  925         Section 12. Section 408.961, Florida Statutes, is created
  926  to read:
  927         408.961 Care coordination.—
  928         (1)Care coordination must be provided to the member by his
  929  or her care coordinator. A care coordinator may employ or use
  930  the services of other individuals or entities to assist in
  931  providing care coordination for the member, consistent with
  932  regulations of the board and with the statutory requirements and
  933  regulations of the care coordinator’s licensure.
  934         (2)Care coordination includes administrative tracking and
  935  medical recordkeeping services for members, except as otherwise
  936  specified for integrated health care delivery systems.
  937         (3)Care coordination administrative tracking and medical
  938  recordkeeping services for members are not required in order to
  939  use a certified electronic health record, meet any other
  940  requirements of the federal Health Information Technology for
  941  Economic and Clinical Health Act enacted under the federal
  942  American Recovery and Reinvestment Act of 2009, Pub. L. No. 111
  943  5, or meet certification requirements of the federal Centers for
  944  Medicare and Medicaid Services’ Electronic Health Records
  945  Incentive Programs, including meaningful use requirements.
  946         (4)The care coordinator shall comply with all state and
  947  federal privacy laws, including, but not limited to, s. 381.004,
  948  s. 395.3025, s. 456.057, and the Health Insurance Portability
  949  and Accountability Act, 42 U.S.C. ss. 1320d et seq., and its
  950  implementing regulations.
  951         (5)Referrals from a care coordinator are not required for
  952  a member to see any eligible provider.
  953         (6)A care coordinator may be an individual or entity that
  954  is approved under the program and that is any of the following:
  955         (a)A health care practitioner that is any of the
  956  following:
  957         1. The member’s primary care provider.
  958         2. The member’s provider of primary gynecological care.
  959         3. At the option of a member who has a chronic condition
  960  that requires specialty care, a specialist health care
  961  practitioner who regularly and continually provides treatment to
  962  the member for that condition.
  963         (b)An entity authorized by law to provide:
  964         1. Hospital services in accordance with chapter 395;
  965         2. Nursing home care services in accordance with chapter
  966  400;
  967         3. Life care services in accordance with chapter 651;
  968         4. Services for the developmentally disabled under chapter
  969  393;
  970         5. Mental health services under chapter 394;
  971         6. Assisted living services in accordance with chapter 429;
  972  or
  973         7. Hospice services in accordance with chapter 400.
  974         (c) A health care organization.
  975         (d)A Taft-Hartley health and welfare fund, with respect to
  976  its members and their family members. This paragraph does not
  977  preclude a Taft-Hartley health and welfare fund from becoming a
  978  care coordinator under paragraph (e) or a health care
  979  organization under s. 408.963.
  980         (e)Any nonprofit or governmental entity approved under the
  981  program.
  982         (7)(a)A health care provider may be reimbursed for a
  983  health care service only if the member is enrolled with a care
  984  coordinator at the time the service is provided.
  985         (b)Every member is encouraged to enroll with a care
  986  coordinator that agrees to provide care coordination before the
  987  member receives health care services to be paid for under the
  988  program. If a member receives health care services before
  989  choosing a care coordinator, the program shall assist the
  990  member, when appropriate, with choosing a care coordinator.
  991         (c)The member must remain enrolled with his or her care
  992  coordinator until the member enrolls with a different care
  993  coordinator or ceases to be a member. A member has the right to
  994  change his or her care coordinators on terms at least as
  995  permissive as provided in part III or part IV of chapter 409.
  996         (8)A health care organization may establish rules relating
  997  to care coordination for members in the health care organization
  998  which are different from this section but otherwise consistent
  999  with this part and other applicable laws.
 1000         (9)This section does not authorize any individual to
 1001  engage in any act in violation of the applicable chapter under
 1002  which he or she is licensed to practice.
 1003         (10)An individual or entity may not be a care coordinator
 1004  unless the services included in care coordination are within the
 1005  individual’s professional scope of practice or the entity’s
 1006  legal authority.
 1007         (11)(a) The board shall develop by rule and implement
 1008  procedures and standards for an individual or entity to be
 1009  approved as a care coordinator in the program, including, but
 1010  not limited to, procedures and standards relating to the
 1011  revocation, suspension, or limitation of approval on a
 1012  determination that the individual or entity is incompetent to be
 1013  a care coordinator or has exhibited conduct that is inconsistent
 1014  with program standards and regulations, or that exhibits an
 1015  unwillingness to meet those standards and regulations, or is a
 1016  potential threat to the public health or safety.
 1017         (b)The procedures and standards the board adopts must be
 1018  consistent with established professional practice, licensure
 1019  standards, and regulations for health care practitioners and
 1020  providers.
 1021         (c)In developing and implementing standards of approval of
 1022  care coordinators for individuals receiving chronic mental
 1023  health care services, the board shall consult with the Substance
 1024  Abuse and Mental Health Program Office within the Department of
 1025  Children and Families.
 1026         (12)To maintain approval under the program, a care
 1027  coordinator must do all of the following:
 1028         (a)Renew the approval every 3 years pursuant to rules the
 1029  board adopts.
 1030         (b)Provide to the program any data required by the
 1031  Department of Health which would enable the board to evaluate
 1032  the impact of care coordinators on quality, outcomes, and cost
 1033  of health care.
 1034         Section 13. Section 408.962, Florida Statutes, is created
 1035  to read:
 1036         408.962 Payment for health care services and care
 1037  coordination.—
 1038         (1)The board shall adopt rules regarding contracting for,
 1039  and establishing payment methodologies for, covered health care
 1040  services and care coordination provided to members under the
 1041  program by participating providers, care coordinators, and
 1042  health care organizations. There may be a variety of different
 1043  payment methodologies, including those established on a
 1044  demonstration basis. All payment rates under the program must be
 1045  reasonable and reasonably related to the cost of efficiently
 1046  providing the health care services and ensuring an adequate and
 1047  accessible supply of health care services.
 1048         (2)Health care services provided to members under the
 1049  program, except for care coordination, must be paid for on a
 1050  fee-for-service basis unless and until another payment
 1051  methodology is established by the board.
 1052         (3)Notwithstanding subsection (2), integrated health care
 1053  delivery systems, essential community providers, and group
 1054  medical practices that provide comprehensive, coordinated
 1055  services may choose to be reimbursed on the basis of a capitated
 1056  system operating budget or a noncapitated system operating
 1057  budget that covers all costs of providing health care services.
 1058         (4)The program shall engage in good faith negotiations
 1059  with health care providers’ representatives under s. 408.98,
 1060  including, but not limited to, in relation to rates of payment
 1061  for health care services, rates of payment for prescription and
 1062  nonprescription drugs, and payment methodologies. For
 1063  prescription and nonprescription drugs, the negotiations must be
 1064  conducted through a single entity on behalf of the entire
 1065  program.
 1066         (5)(a) Payments for health care services established under
 1067  this part are considered payment in full.
 1068         (b)A participating provider may not charge any rate in
 1069  excess of the payment established under this part for any health
 1070  care service provided to a member under the program and may not
 1071  solicit or accept payment from any member or third party for any
 1072  health care service, except as provided under a federal program.
 1073         (c)However, this section does not preclude the program
 1074  from acting as a primary or secondary payer in conjunction with
 1075  another third-party payer when permitted by a federal program.
 1076         (6)The board may adopt by rule payment methodologies for
 1077  the payment of capital-related expenses for specifically
 1078  identified capital expenditures incurred by a nonprofit or
 1079  governmental entity that is a health facility. As used in this
 1080  subsection, the term “health facility” has the same meaning as
 1081  in s. 154.205(8). Any capital-related expense generated by a
 1082  capital expenditure that requires prior approval must have
 1083  received that approval in order to be paid by the program. That
 1084  approval must be based on achievement of the program standards
 1085  described in s. 408.964.
 1086         (7)Payment methodologies and payment rates must include a
 1087  distinct component for reimbursement of direct and indirect
 1088  graduate medical education expenses.
 1089         (8)The board shall adopt by rule payment methodologies and
 1090  procedures for paying for health care services provided to a
 1091  member while he or she is located out of this state.
 1092         Section 14. Section 408.963, Florida Statutes, is created
 1093  to read:
 1094         408.963 Health care organizations.—
 1095         (1)A member may choose to enroll with and receive program
 1096  care coordination and ancillary health care services from a
 1097  health care organization.
 1098         (2)A health care organization must be a nonprofit or
 1099  governmental entity that is approved by the board and that is
 1100  either of the following:
 1101         (a)The county health department delivery system
 1102  established by the Department of Health under s. 154.01.
 1103         (b)A facility licensed by the Agency for Persons with
 1104  Disabilities which provides developmental disabilities services
 1105  under chapter 393.
 1106         (3)(a) The board shall by rule develop and implement
 1107  procedures and standards for an entity to be approved as a
 1108  health care organization in the program, including, but not
 1109  limited to, procedures and standards relating to the revocation,
 1110  suspension, or limitation of approval on a determination that
 1111  the entity is incompetent to be a health care organization or
 1112  has exhibited a course of conduct that is inconsistent with
 1113  program standards and regulations, or that exhibits an
 1114  unwillingness to meet those standards and regulations, or is a
 1115  potential threat to the public health or safety.
 1116         (b)The procedures and standards adopted by the board must
 1117  be consistent with established professional practice, licensure
 1118  standards, and regulations for health care practitioners and
 1119  providers.
 1120         (c)In developing and implementing standards of approval of
 1121  health care organizations, the board shall consult with the
 1122  Substance Abuse and Mental Health Program Office within the
 1123  Department of Children and Families.
 1124         (4)To maintain approval under the program, a health care
 1125  organization must:
 1126         (a)Renew its approval at a frequency determined by the
 1127  board; and
 1128         (b)Provide data to the Department of Health, as required
 1129  by the board, to enable the board to evaluate the health care
 1130  organization in relation to the quality of health care services
 1131  provided, health care outcomes, and cost.
 1132         (5)The board may adopt rules relating specifically to
 1133  health care organizations for the sole and specific purpose of
 1134  ensuring compliance with this part.
 1135         (6)This part may not be construed to alter in any way the
 1136  professional practice of health care providers or their
 1137  licensure standards.
 1138         (7)Health care organizations may not use health
 1139  information technology or clinical practice guidelines that
 1140  limit the effective exercise of the professional judgment of
 1141  physicians and registered nurses. Physicians and registered
 1142  nurses are free to override health information technology and
 1143  clinical practice guidelines if, in their professional judgment,
 1144  it is in the best interest of the patient and consistent with
 1145  the patient’s wishes.
 1146         Section 15. Section 408.964, Florida Statutes, is created
 1147  to read:
 1148         408.964 Program standards.—The Healthy Florida Board shall
 1149  establish a single standard of safe, therapeutic care for all
 1150  residents of the state by the following means:
 1151         (1)The board shall establish by rule requirements and
 1152  standards for the program and for health care organizations,
 1153  care coordinators, and health care providers consistent with
 1154  this part and consistent with the applicable professional
 1155  practice and licensure standards of health care providers and
 1156  health care professionals, including requirements and standards
 1157  for, as applicable:
 1158         (a)The scope, quality, and accessibility of health care
 1159  services.
 1160         (b)Relations between health care organizations or health
 1161  care providers and members.
 1162         (c)Relations between health care organizations and health
 1163  care providers, including credentialing and participation in the
 1164  health care organization, and terms, methods, and rates of
 1165  payment.
 1166         (2)The board shall establish by rule requirements and
 1167  standards under the program which include, but are not limited
 1168  to, provisions to promote all of the following:
 1169         (a)Simplification of, transparency in, uniformity in, and
 1170  fairness in health care provider credentialing and participation
 1171  in health care organization networks, referrals, payment
 1172  procedures and rates, claims processing, and approval of health
 1173  care services, as applicable.
 1174         (b)In-person primary and preventive care, care
 1175  coordination, efficient and effective health care services,
 1176  quality assurance, and promotion of public, environmental, and
 1177  occupational health.
 1178         (c)Elimination of health care disparities.
 1179         (d)Nondiscrimination with respect to members and health
 1180  care providers on the basis of race, color, ancestry, national
 1181  origin, religion, citizenship, immigration status, primary
 1182  language, mental or physical disability, age, sex, gender,
 1183  sexual orientation, gender identity or expression, medical
 1184  condition, genetic information, marital status, familial status,
 1185  military or veteran status, or source of income; however, health
 1186  care services provided under the program must be appropriate to
 1187  the patient’s clinically relevant circumstances.
 1188         (e)Accessibility of care coordination, health care
 1189  organization services, and health care services, including
 1190  accessibility for people with disabilities and people with
 1191  limited ability to speak or understand English.
 1192         (f)Providing care coordination, health care organization
 1193  services, and health care services in a culturally competent
 1194  manner.
 1195         (3)The board shall establish by rule requirements and
 1196  standards, to the extent authorized by federal law, for
 1197  replacing and merging with the Healthy Florida program health
 1198  care services and ancillary services currently provided by other
 1199  programs, including, but not limited to, Medicare, the
 1200  Affordable Care Act, and federally matched public health
 1201  programs.
 1202         (4)Any participating provider or care coordinator that is
 1203  organized as a for-profit entity shall be required to meet the
 1204  same requirements and standards as entities organized as
 1205  nonprofits, and payments under the program paid to those
 1206  entities may not be calculated to accommodate the generation of
 1207  profit, revenue for dividends, or other return on investment or
 1208  the payment of taxes that would not be paid by a nonprofit
 1209  entity.
 1210         (5)Every participating provider shall furnish information
 1211  as required by the Department of Health and allow the
 1212  examination of that information by the program as may be
 1213  reasonably required for purposes of reviewing accessibility and
 1214  utilization of health care services, quality assurance, cost
 1215  containment, the making of payments, and statistical or other
 1216  studies of the operation of the program or for protection and
 1217  promotion of public, environmental, and occupational health.
 1218         (6)In developing requirements and standards and making
 1219  other policy determinations under this section, the board shall
 1220  consult with representatives of members, health care providers,
 1221  care coordinators, health care organizations, labor
 1222  organizations representing health care employees, and other
 1223  interested parties.
 1224         Section 16. Section 408.97, Florida Statutes, is created to
 1225  read:
 1226         408.97 Federal health programs and funding.—
 1227         (1)The board shall seek all federal waivers and other
 1228  federal approvals and arrangements and submit state plan
 1229  amendments as necessary to operate the Healthy Florida program
 1230  consistent with this part.
 1231         (2)(a) The board shall apply to the United States Secretary
 1232  of Health and Human Services or other appropriate federal
 1233  official for all waivers of requirements, and shall make other
 1234  arrangements necessary, under Medicare, any federally matched
 1235  public health program, the Affordable Care Act, and any other
 1236  federal program that provides federal funds for payment of
 1237  health care services, to enable all Healthy Florida members to
 1238  receive all benefits under the program, to enable the state to
 1239  implement this part, and to allow the state to receive and
 1240  deposit all federal payments under those programs, including
 1241  funds that may be provided in lieu of premium tax credits, cost
 1242  sharing subsidies, and small business tax credits, in the State
 1243  Treasury to the credit of the Healthy Florida Trust Fund,
 1244  created under s. 408.971, and to use those funds for the program
 1245  and other provisions under this part.
 1246         (b)To the fullest extent possible, the board shall
 1247  negotiate arrangements with the Federal Government to ensure
 1248  that federal payments are paid to Healthy Florida in place of
 1249  federal funding of, or tax benefits for, federally matched
 1250  public health programs or federal health programs.
 1251         (c)The board may require members or applicants to provide
 1252  information necessary for the program to comply with any waiver
 1253  or arrangement under this part. Information provided by members
 1254  to the board for the purposes of this paragraph may not be used
 1255  for any other purpose.
 1256         (d)The board may take any additional actions necessary to
 1257  effectively implement Healthy Florida to the maximum extent
 1258  possible as a single-payer program consistent with this part.
 1259         (3)The board may take actions consistent with this part to
 1260  enable the program to administer Medicare in this state. The
 1261  program must be a provider of supplemental insurance coverage
 1262  under Medicare Part B and must provide premium assistance for
 1263  drug coverage under Medicare Part D for eligible members of the
 1264  program.
 1265         (4)The board may waive or modify the applicability of any
 1266  provision of this section relating to any federally matched
 1267  public health program or Medicare, as necessary, to implement
 1268  any waiver or arrangement under this section or to maximize the
 1269  federal benefits to the program under this section, if the
 1270  board, in consultation with the Chief Financial Officer,
 1271  determines that the waiver or modification is in the best
 1272  interest of this state and members affected by the action.
 1273         (5)The board may apply for coverage for, and enroll, any
 1274  eligible member under any federally matched public health
 1275  program or Medicare. Enrollment in a federally matched public
 1276  health program or Medicare may not cause any member to lose any
 1277  health care service provided by the program or diminish any
 1278  right the member would otherwise have.
 1279         (6)(a) Notwithstanding any other law, the board shall
 1280  increase by rule the income eligibility level, increase or
 1281  eliminate the resource test for eligibility, simplify any
 1282  procedural or documentation requirement for enrollment, and
 1283  increase the benefits for any federally matched public health
 1284  program and for any program in order to reduce or eliminate an
 1285  individual’s coinsurance, cost-sharing, or premium obligations
 1286  or increase an individual’s eligibility for any federal
 1287  financial support related to Medicare or the Affordable Care
 1288  Act.
 1289         (b)The board may act under this subsection upon a finding
 1290  approved by the Chief Financial Officer and the board that the
 1291  action:
 1292         1. Will help to increase the number of members who are
 1293  eligible for and enrolled in federally matched public health
 1294  programs; or, for any program, to reduce or eliminate an
 1295  individual’s coinsurance, cost-sharing, or premium obligations
 1296  or increase an individual’s eligibility for any federal
 1297  financial support related to Medicare or the Affordable Care
 1298  Act;
 1299         2. Will not diminish any individual’s access to any health
 1300  care service or any right the individual would otherwise have;
 1301         3. Is in the interest of the program; and
 1302         4. Has received any necessary federal waivers or approvals
 1303  to ensure federal financial participation, or does not require
 1304  any such waiver or approval.
 1305         (c)Actions under this subsection do not apply to
 1306  eligibility for payment for long-term care.
 1307         (7)To enable the board to apply for coverage for, and
 1308  enroll, any eligible member under any federally matched public
 1309  health program or Medicare, the board may require that every
 1310  member or applicant provide the information necessary to enable
 1311  the board to determine whether the applicant is eligible for a
 1312  federally matched public health program or for Medicare, or any
 1313  program or benefit under Medicare.
 1314         (8)As a condition of continued eligibility for health care
 1315  services under the program, a member who is eligible for
 1316  benefits under Medicare must enroll in Medicare, including Parts
 1317  A, B, and D.
 1318         (9)The program shall provide premium assistance for all
 1319  members enrolling in a Medicare Part D drug coverage plan under
 1320  s. 1860D of Title XVIII of the Social Security Act, 42 U.S.C.
 1321  ss. 1395w-101 et seq., limited to the low-income benchmark
 1322  premium amount established by the federal Centers for Medicare
 1323  and Medicaid Services and any other amount the federal agency
 1324  establishes under its de minimis premium policy, except that
 1325  those payments made on behalf of members enrolled in a Medicare
 1326  advantage plan may exceed the low-income benchmark premium
 1327  amount if determined to be cost effective to the program.
 1328         (10)If the board has reasonable grounds to believe that a
 1329  member may be eligible for an income-related subsidy under s.
 1330  1860D-14 of Title XVIII of the Social Security Act, 42 U.S.C. s.
 1331  1395w-114, the member must provide, and authorize the program to
 1332  obtain, any information or documentation required to establish
 1333  the member’s eligibility for that subsidy; however, the board
 1334  shall attempt to obtain as much of the information and
 1335  documentation as possible from records that are available to it.
 1336         (11)The program shall make a reasonable effort to notify
 1337  members of their obligations under this section. After a
 1338  reasonable effort has been made to contact the member, the
 1339  member must be notified in writing that he or she has 60 days to
 1340  provide the required information. If the required information is
 1341  not provided within the 60-day period, the member’s coverage
 1342  under the program may be terminated. Information members provide
 1343  to the board for the purposes of this section may not be used
 1344  for any other purpose.
 1345         (12)The board shall assume responsibility for all benefits
 1346  and services paid for by the Federal Government with federal
 1347  funds.
 1348         Section 17. Section 408.972, Florida Statutes, is created
 1349  to read:
 1350         408.972 Healthy Florida financing.—
 1351         (1)It is the intent of the Legislature to enact
 1352  legislation that would develop a revenue plan, taking into
 1353  consideration anticipated federal revenue available for the
 1354  Healthy Florida program. In developing the revenue plan, it is
 1355  the intent of the Legislature to consult with appropriate
 1356  officials and stakeholders.
 1357         (2)It is the intent of the Legislature to enact
 1358  legislation that would require all state revenues from the
 1359  program to be deposited in an account within the Healthy Florida
 1360  Trust Fund to be established and known as the Healthy Florida
 1361  Trust Fund Account.
 1362         Section 18. Section 408.98, Florida Statutes, is created to
 1363  read:
 1364         408.98 Collective negotiation by health care providers with
 1365  Healthy Florida; definitions; requirements and prohibited acts.
 1366         (1) DEFINITIONS.—As used in this section, the term:
 1367         (a)“Health care provider” means a health care professional
 1368  licensed under chapter 458, chapter 459, chapter 460, chapter
 1369  461, chapter 463, chapter 464, chapter 465, chapter 466; part I,
 1370  part III, part IV, part V, or part X of chapter 468; chapter
 1371  483, chapter 484, chapter 486, chapter 490, or chapter 491, and
 1372  who is any of the following:
 1373         1. An individual who practices his or her profession as a
 1374  health care provider or as an independent contractor.
 1375         2. An owner, officer, shareholder, or proprietor of a
 1376  health care provider.
 1377         3. An entity that employs or uses health care providers to
 1378  provide health care services, including, but not limited to, a
 1379  facility authorized by law to provide services under chapter
 1380  393, chapter 394, chapter 395, chapter 400, chapter 429, or
 1381  chapter 651.
 1382  
 1383  A health care provider who practices as an employee of a health
 1384  care provider is not a health care provider for the purposes of
 1385  this section.
 1386         (b)“Health care providers’ representative” means a third
 1387  party that is authorized by a group of health care providers to
 1388  negotiate on the group’s behalf with Healthy Florida concerning
 1389  terms and conditions affecting the health care providers.
 1390         (2) COLLECTIVE NEGOTIATION REQUIREMENTS.—
 1391         (a)Collective negotiation rights granted by this section
 1392  must meet all of the following requirements:
 1393         1. Health care providers may communicate with other health
 1394  care providers regarding the terms and conditions to be
 1395  negotiated with Healthy Florida.
 1396         2. Health care providers may communicate with health care
 1397  providers’ representatives.
 1398         3. A health care providers’ representative is the only
 1399  party authorized to negotiate with HF on behalf of the health
 1400  care providers as a group.
 1401         4. A health care provider may be bound by the terms and
 1402  conditions negotiated by the health care providers’
 1403  representatives.
 1404         5. In communicating or negotiating with the health care
 1405  providers’ representative, HF is entitled to offer and provide
 1406  different terms and conditions to individual competing health
 1407  care providers.
 1408         (b) Before engaging in collective negotiations with HF on
 1409  behalf of health care providers, a health care providers’
 1410  representative must file with the board, in the manner
 1411  prescribed by the board, information identifying the
 1412  representative, the representative’s plan of operation, and the
 1413  representative’s procedures to ensure compliance with this
 1414  chapter.
 1415         (c) Each person who acts as the representative of
 1416  negotiating parties under this chapter shall pay a fee to the
 1417  board to act as a representative. The board shall set by rule
 1418  fees in amounts deemed reasonable and necessary to cover the
 1419  costs the board incurs in administering this chapter.
 1420         (3) PROHIBITED COLLECTIVE ACTION.—
 1421         (a)This section does not authorize competing health care
 1422  providers to act in concert in response to a health care
 1423  providers’ representative’s discussions or negotiations with HF,
 1424  except as authorized by other law.
 1425         (b)A health care providers’ representative may not
 1426  negotiate any agreement that excludes, limits the participation
 1427  or reimbursement of, or otherwise limits the scope of services
 1428  to be provided by any health care provider or group of health
 1429  care providers with respect to the performance of services that
 1430  are within the health care provider’s scope of practice,
 1431  license, registration, or certificate.
 1432         (4) CONSTRUCTION.—
 1433         (a) This section does not affect or limit the right of a
 1434  health care provider or group of health care providers to
 1435  collectively petition a governmental entity for a change in a
 1436  law, rule, or regulation.
 1437         (b) This section does not affect or limit collective action
 1438  or collective bargaining on the part of a health care provider
 1439  with his or her employer or any other lawful collective action
 1440  or collective bargaining.
 1441         Section 19. Section 408.99, Florida Statutes, is created to
 1442  read:
 1443         408.99 Effective date of operation.—
 1444         (1)Notwithstanding any other law, this part may not become
 1445  operative until the date the State Surgeon General of the
 1446  Department of Health notifies the President of the Senate and
 1447  the Speaker of the House of Representatives in writing that he
 1448  or she has determined that the Healthy Florida Trust Fund has
 1449  the revenues to fund the costs of implementing this part.
 1450         (2)The Department of Health shall publish on its website a
 1451  copy of the notice described in subsection (1).
 1452         Section 20. Section 408.991, Florida Statutes, is created
 1453  to read:
 1454         408.991 Severability.—The provisions of this part are
 1455  severable. If any provision of this part or its application is
 1456  held invalid, that invalidity may not affect other provisions or
 1457  applications that can be given effect without the invalid
 1458  provision or application.
 1459         Section 21. This act shall take effect July 1, 2019.