Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1726
       
       
       
       
       
       
                                Ì588700ÉÎ588700                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Appropriations Subcommittee on Health and Human Services (Rader)
       recommended the following:
       
    1         Senate Amendment to Amendment (441796) (with title
    2  amendment)
    3  
    4         Delete lines 2315 - 2424
    5  and insert:
    6         627.6387, Florida Statutes, are amended, and paragraph (g)
    7  is added to subsection (3) of that section, to read:
    8         627.6387 Shared savings incentive program.—
    9         (2) As used in this section, the term:
   10         (e) “Shoppable health care service” means a lower-cost,
   11  high-quality nonemergency health care service for which a shared
   12  savings incentive is available for insureds under a health
   13  insurer’s shared savings incentive program. Shoppable health
   14  care services may be provided within or outside this state and
   15  include, but are not limited to:
   16         1. Clinical laboratory services.
   17         2. Infusion therapy.
   18         3. Inpatient and outpatient surgical procedures.
   19         4. Obstetrical and gynecological services.
   20         5. Inpatient and outpatient nonsurgical diagnostic tests
   21  and procedures.
   22         6. Physical and occupational therapy services.
   23         7. Radiology and imaging services.
   24         8. Prescription drugs.
   25         9. Services provided through telehealth.
   26         10. Any additional services published by the Agency for
   27  Health Care Administration that have the most significant price
   28  variation pursuant to s. 408.05(3)(l).
   29         (3) A health insurer may offer a shared savings incentive
   30  program to provide incentives to an insured when the insured
   31  obtains a shoppable health care service from the health
   32  insurer’s shared savings list. An insured may not be required to
   33  participate in a shared savings incentive program. A health
   34  insurer that offers a shared savings incentive program must:
   35         (e) At least quarterly, credit or deposit the shared
   36  savings incentive amount to the insured’s account as a return or
   37  reduction in premium, or credit the shared savings incentive
   38  amount to the insured’s flexible spending account, health
   39  savings account, or health reimbursement account, or reward the
   40  insured directly with cash or a cash equivalent such that the
   41  amount does not constitute income to the insured.
   42         (g)If a health insurer offers cash or a cash equivalent,
   43  provide the insured with a document approved by the commission
   44  which explains the shared savings incentive in plain language
   45  and which must include the following statement in 12-point bold
   46  type:
   47  
   48         I UNDERSTAND THAT IF I RECEIVE CASH OR A CASH EQUIVALENT,
   49  IT COUNTS AS INCOME TO ME AND MAY CAUSE ME TO OWE MORE INCOME
   50  TAX. I ALSO UNDERSTAND THAT IF I RECEIVE INCOME-BASED BENEFITS,
   51  THESE BENEFITS MAY BE AFFECTED IF I RECEIVE CASH OR A CASH
   52  EQUIVALENT FROM THE SHARED SAVINGS PROGRAM.
   53         Section 52. Effective January 1, 2021, paragraph (e) of
   54  subsection (2) and paragraph (e) of subsection (3) of section
   55  627.6648, Florida Statutes, are amended, and paragraph (g) is
   56  added to subsection (3) of that section, to read:
   57         627.6648 Shared savings incentive program.—
   58         (2) As used in this section, the term:
   59         (e) “Shoppable health care service” means a lower-cost,
   60  high-quality nonemergency health care service for which a shared
   61  savings incentive is available for insureds under a health
   62  insurer’s shared savings incentive program. Shoppable health
   63  care services may be provided within or outside this state and
   64  include, but are not limited to:
   65         1. Clinical laboratory services.
   66         2. Infusion therapy.
   67         3. Inpatient and outpatient surgical procedures.
   68         4. Obstetrical and gynecological services.
   69         5. Inpatient and outpatient nonsurgical diagnostic tests
   70  and procedures.
   71         6. Physical and occupational therapy services.
   72         7. Radiology and imaging services.
   73         8. Prescription drugs.
   74         9. Services provided through telehealth.
   75         10. Any additional services published by the Agency for
   76  Health Care Administration that have the most significant price
   77  variation pursuant to s. 408.05(3)(l).
   78         (3) A health insurer may offer a shared savings incentive
   79  program to provide incentives to an insured when the insured
   80  obtains a shoppable health care service from the health
   81  insurer’s shared savings list. An insured may not be required to
   82  participate in a shared savings incentive program. A health
   83  insurer that offers a shared savings incentive program must:
   84         (e) At least quarterly, credit or deposit the shared
   85  savings incentive amount to the insured’s account as a return or
   86  reduction in premium, or credit the shared savings incentive
   87  amount to the insured’s flexible spending account, health
   88  savings account, or health reimbursement account, or reward the
   89  insured directly with cash or a cash equivalent such that the
   90  amount does not constitute income to the insured.
   91         (g)If a health insurer offers cash or a cash equivalent,
   92  provide the insured with a document approved by the commission
   93  which explains the shared savings incentive in plain language
   94  and which must include the following statement in 12-point bold
   95  type:
   96  
   97         I UNDERSTAND THAT IF I RECEIVE CASH OR A CASH EQUIVALENT,
   98  IT COUNTS AS INCOME TO ME AND MAY CAUSE ME TO OWE MORE INCOME
   99  TAX. I ALSO UNDERSTAND THAT IF I RECEIVE INCOME-BASED BENEFITS,
  100  THESE BENEFITS MAY BE AFFECTED IF I RECEIVE CASH OR A CASH
  101  EQUIVALENT FROM THE SHARED SAVINGS PROGRAM.
  102         Section 53. Effective January 1, 2021, paragraph (e) of
  103  subsection (2) and paragraph (e) of subsection (3) of section
  104  641.31076, Florida Statutes, are amended, and paragraph (g) is
  105  added to subsection (3) of that section, to read:
  106         641.31076 Shared savings incentive program.—
  107         (2) As used in this section, the term:
  108         (e) “Shoppable health care service” means a lower-cost,
  109  high-quality nonemergency health care service for which a shared
  110  savings incentive is available for subscribers under a health
  111  maintenance organization’s shared savings incentive program.
  112  Shoppable health care services may be provided within or outside
  113  this state and include, but are not limited to:
  114         1. Clinical laboratory services.
  115         2. Infusion therapy.
  116         3. Inpatient and outpatient surgical procedures.
  117         4. Obstetrical and gynecological services.
  118         5. Inpatient and outpatient nonsurgical diagnostic tests
  119  and procedures.
  120         6. Physical and occupational therapy services.
  121         7. Radiology and imaging services.
  122         8. Prescription drugs.
  123         9. Services provided through telehealth.
  124         10. Any additional services published by the Agency for
  125  Health Care Administration that have the most significant price
  126  variation pursuant to s. 408.05(3)(l).
  127         (3) A health maintenance organization may offer a shared
  128  savings incentive program to provide incentives to a subscriber
  129  when the subscriber obtains a shoppable health care service from
  130  the health maintenance organization’s shared savings list. A
  131  subscriber may not be required to participate in a shared
  132  savings incentive program. A health maintenance organization
  133  that offers a shared savings incentive program must:
  134         (e) At least quarterly, credit or deposit the shared
  135  savings incentive amount to the subscriber’s account as a return
  136  or reduction in premium, or credit the shared savings incentive
  137  amount to the subscriber’s flexible spending account, health
  138  savings account, or health reimbursement account, or reward the
  139  subscriber directly with cash or a cash equivalent such that the
  140  amount does not constitute income to the subscriber.
  141         (g)If a health maintenance organization offers cash or a
  142  cash equivalent, provide the subscriber with a document approved
  143  by the commission which explains the shared savings incentive in
  144  plain language and which must include the following statement in
  145  12-point bold type:
  146  
  147         I UNDERSTAND THAT IF I RECEIVE CASH OR A CASH
  148         EQUIVALENT, IT COUNTS AS INCOME TO ME AND MAY CAUSE ME
  149         TO OWE MORE INCOME TAX. I ALSO UNDERSTAND THAT IF I
  150         RECEIVE INCOME-BASED BENEFITS, THESE BENEFITS MAY BE
  151         AFFECTED IF I RECEIVE CASH OR A CASH EQUIVALENT FROM
  152         THE SHARED SAVINGS PROGRAM.
  153  
  154  ================= T I T L E  A M E N D M E N T ================
  155  And the title is amended as follows:
  156         Delete line 2699
  157  and insert:
  158         and health maintenance organizations; requiring
  159         certain health insurers and health maintenance
  160         organizations to provide to insureds and subscribers a
  161         specified document under certain circumstances;
  162         providing requirements for the content of the
  163         document; repealing part I