Florida Senate - 2021 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 1024 Ì716122qÎ716122 576-03361-21 Proposed Committee Substitute by the Committee on Appropriations (Appropriations Subcommittee on Agriculture, Environment, and General Government) 1 A bill to be entitled 2 An act relating to increasing access to mental health 3 care; creating s. 624.36, F.S.; requiring the 4 Department of Financial Services to submit a specified 5 report to the Governor and Legislature by a specified 6 date; specifying the minimum information the report 7 must contain; requiring the department to make certain 8 information available on its website; creating ss. 9 627.4215 and 641.31085, F.S.; requiring insurers and 10 health maintenance organizations, respectively, to 11 disclose specified information on their websites; 12 requiring insurers and health maintenance 13 organizations, respectively, to annually provide 14 certain direct notices to insureds or subscribers; 15 providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 624.36, Florida Statutes, is created to 20 read: 21 624.36 Coverage of and access to mental health services; 22 complaints; reporting.— 23 (1) By January 31, 2022, the department shall submit a 24 report to the Governor, the President of the Senate, and the 25 Speaker of the House of Representatives relating to the 26 disposition of complaints received from insureds and subscribers 27 of insurers or health maintenance organizations regulated by the 28 office relating to the access and affordability of mental health 29 services and benefits during the prior calendar year. At a 30 minimum, the report must include all of the following 31 information: 32 (a) The total number of complaints received. 33 (b) The nature of complaints, including, but not limited 34 to, concerns related to access to in-network providers or 35 facilities; access to inpatient or outpatient services; 36 availability of specialists; affordability of services; 37 equivalency of mental health benefits with respect to medical 38 and surgical benefits; quality of care; and denial of services, 39 including the types of services denied and the stated reason for 40 the denials. 41 (c) The disposition of complaints. 42 (d) Any recommendations made by the department to the 43 Legislature for ensuring access to and the affordability of 44 mental health services to insureds and subscribers. 45 (2) The department shall make available on its website a 46 description of mental health benefits required to be made 47 available pursuant to s. 627.668 and federal law for individual 48 and group policies and contracts. 49 Section 2. Section 627.4215, Florida Statutes, is created 50 to read: 51 627.4215 Disclosures to policyholders; coverage of mental 52 and nervous disorders.— 53 (1) An insurer shall make all of the following information 54 available on its website: 55 (a) The federal and state requirements for coverage of 56 mental health services. 57 (b) Contact information for the Division of Consumer 58 Services of the Department of Financial Services, including a 59 hyperlink, for consumers to submit inquiries or complaints 60 relating to insurer or health maintenance organization products 61 or services regulated by the department or the office. 62 (2) On an annual basis, an insurer shall provide direct 63 notice to insureds which must include a description of the 64 federal and state requirements for coverage of mental health 65 services. Such notice must also include the website address and 66 statewide toll-free telephone number of the Division of Consumer 67 Services of the department for receiving and logging complaints. 68 Section 3. Section 641.31085, Florida Statutes, is created 69 to read: 70 641.31085 Disclosures to subscribers; coverage of mental 71 and nervous disorders.— 72 (1) A health maintenance organization shall make all of the 73 following information available on its website: 74 (a) The federal and state requirements for coverage of 75 mental health services. 76 (b) Contact information for the Division of Consumer 77 Services of the Department of Financial Services, including a 78 hyperlink, for consumers to submit inquiries or complaints 79 relating to insurer or health maintenance organization products 80 or services regulated by the department or the office. 81 (2) On an annual basis, a health maintenance organization 82 shall provide direct notice to subscribers which must include a 83 description of the federal and state requirements for coverage 84 of mental health services. Such notice must also include the 85 website address and statewide toll-free telephone number of the 86 Division of Consumer Services of the department for receiving 87 and logging complaints. 88 Section 4. This act shall take effect October 1, 2021.