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2004 Legislative Session Review

The Florida College of Emergency Physicians specifically targeted several areas of legislative efforts in 2004, primarily:

  Medicaid Fraud and Abuse,

  Medical Malpractice,

  Limitation of HMO Emergency Care Payments,

  Affordable Health Insurance,

  HMO Provider Contracts,

  Trauma Care,

  Off-Site Emergency Departments and

  Florida Stroke Act.

HMO Provider Contracts

(SB 1088) - This bill requires an HMO that has a contract with a provider to disclose to the provider, in an electronic or written format, the complete schedule of reimbursement for which the HMO and the health care provider have contracted, including any deviations from the contracted schedule of reimbursement requested by the HMO and agreed upon by the provider.

The bill also defines “schedule of reimbursement” as a “schedule of fees to be paid by a health maintenance organization to a physician provider for reimbursement for specific services pursuant to the terms of a contract.” It does require that disclosure of factors which may negatively impact net physician reimbursement (such as bundling codes into another code) are disclosed in the initial terms of the contract. The bill allows for reimbursement schedules to be stated as a percentage of the Medicare fee schedule for specific relative value services, a listing of reimbursements to be paid by CPT codes or any other method agreed to by the parties. Non-relative value services shall be separate from relative value services, and reimbursement for “unclassified services” shall be paid on a “reasonable basis.”

The reimbursement schedule is subject to any non-disclosure requirements of the contract and providers must maintain confidentiality.