Florida Senate - 2021                             CS for SB 1024
       
       
        
       By the Committee on Banking and Insurance; and Senators Brodeur
       and Rouson
       
       
       
       
       597-02653-21                                          20211024c1
    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 written 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         624.36Coverage 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         627.4215Disclosures 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 written
   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         641.31085Disclosures 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 written 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.