Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 892
       
       
       
       
       
       
                                Ì3282820Î328282                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             02/28/2024 04:27 PM       .                                
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       Senator Harrell moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 121 - 403
    4  and insert:
    5         (d)This subsection applies to contracts delivered, issued,
    6  or renewed on or after January 1, 2025.
    7         (e)The office has all rights and powers to enforce this
    8  subsection as provided by s. 624.307.
    9         (f)The commission may adopt rules to implement this
   10  subsection.
   11         (21)(a)A health insurer may not deny any claim
   12  subsequently submitted by a dentist licensed under chapter 466
   13  for procedures specifically included in a prior authorization
   14  unless at least one of the following circumstances applies for
   15  each procedure denied:
   16         1.Benefit limitations, such as annual maximums and
   17  frequency limitations not applicable at the time of the prior
   18  authorization, are reached subsequent to issuance of the prior
   19  authorization.
   20         2.The documentation provided by the person submitting the
   21  claim fails to support the claim as originally authorized.
   22         3.Subsequent to the issuance of the prior authorization,
   23  new procedures are provided to the patient or a change in the
   24  condition of the patient occurs such that the prior authorized
   25  procedure would no longer be considered medically necessary,
   26  based on the prevailing standard of care.
   27         4.Subsequent to the issuance of the prior authorization,
   28  new procedures are provided to the patient or a change in the
   29  patient’s condition occurs such that the prior authorized
   30  procedure would at that time have required disapproval pursuant
   31  to the terms and conditions for coverage under the patient’s
   32  plan in effect at the time the prior authorization was issued.
   33         5.The denial of the claim was due to one of the following:
   34         a.Another payor is responsible for payment.
   35         b.The dentist has already been paid for the procedures
   36  identified in the claim.
   37         c.The claim was submitted fraudulently, or the prior
   38  authorization was based in whole or material part on erroneous
   39  information provided to the health insurer by the dentist,
   40  patient, or other person not related to the insurer.
   41         d.The person receiving the procedure was not eligible to
   42  receive the procedure on the date of service.
   43         e.The services were provided during the grace period
   44  established under s. 627.608 or applicable federal regulations,
   45  and the dental insurer notified the provider that the patient
   46  was in the grace period when the provider requested eligibility
   47  or enrollment verification from the dental insurer, if such
   48  request was made.
   49         (b)This subsection applies to all contracts delivered,
   50  issued, or renewed on or after January 1, 2025.
   51         (c)The office has all rights and powers to enforce this
   52  subsection as provided by s. 624.307.
   53         (d)The commission may adopt rules to implement this
   54  subsection.
   55         Section 2. Section 636.032, Florida Statutes, is amended to
   56  read:
   57         636.032 Acceptable payments.—
   58         (1) Each prepaid limited health service organization may
   59  accept from government agencies, corporations, groups, or
   60  individuals payments covering all or part of the cost of
   61  contracts entered into between the prepaid limited health
   62  service organization and its subscribers.
   63         (2)(a)A contract between a prepaid limited health service
   64  organization and a dentist licensed under chapter 466 for the
   65  provision of services to a subscriber may not specify credit
   66  card payment as the only acceptable method for payments from the
   67  prepaid limited health service organization to the dentist.
   68         (b)When a prepaid limited health service organization
   69  employs the method of claims payment to a dentist through
   70  electronic funds transfer, including, but not limited to,
   71  virtual credit card payment, the prepaid limited health service
   72  organization shall notify the dentist as provided in this
   73  paragraph and obtain the dentist’s consent in writing before
   74  employing the electronic funds transfer. The dentist’s written
   75  consent described in this paragraph applies to the dentist’s
   76  entire practice. For purposes of this paragraph, the dentist’s
   77  written consent, which may be given through e-mail, must bear
   78  the signature of the dentist. Such signature includes an
   79  electronic or digital signature if the form of signature is
   80  recognized as a valid signature under applicable federal law or
   81  state contract law or an act that demonstrates express consent,
   82  including, but not limited to, checking a box indicating
   83  consent. The prepaid limited health service organization or
   84  dentist may not require that the dentist’s consent as described
   85  in this paragraph be made on a patient-by-patient basis. The
   86  notification provided by the prepaid limited health service
   87  organization to the dentist must include all of the following:
   88         1.The fees, if any, that are associated with the
   89  electronic funds transfer.
   90         2.The available methods of payment of claims by the
   91  prepaid limited health service organization, with clear
   92  instructions to the dentist on how to select an alternative
   93  payment method.
   94         (c)A prepaid limited health service organization that pays
   95  a claim to a dentist through Automatic Clearing House transfer
   96  may not charge a fee solely to transmit the payment to the
   97  dentist unless the dentist has consented to the fee.
   98         (d)This subsection applies to contracts delivered, issued,
   99  or renewed on or after January 1, 2025.
  100         (e)The office has all rights and powers to enforce this
  101  subsection as provided by s. 624.307.
  102         (f)The commission may adopt rules to implement this
  103  subsection.
  104         Section 3. Subsection (15) is added to section 636.035,
  105  Florida Statutes, to read:
  106         636.035 Provider arrangements.—
  107         (15)(a)A prepaid limited health service organization may
  108  not deny any claim subsequently submitted by a dentist licensed
  109  under chapter 466 for procedures specifically included in a
  110  prior authorization unless at least one of the following
  111  circumstances applies for each procedure denied:
  112         1.Benefit limitations, such as annual maximums and
  113  frequency limitations not applicable at the time of the prior
  114  authorization, are reached subsequent to issuance of the prior
  115  authorization.
  116         2.The documentation provided by the person submitting the
  117  claim fails to support the claim as originally authorized.
  118         3.Subsequent to the issuance of the prior authorization,
  119  new procedures are provided to the patient or a change in the
  120  condition of the patient occurs such that the prior authorized
  121  procedure would no longer be considered medically necessary,
  122  based on the prevailing standard of care.
  123         4.Subsequent to the issuance of the prior authorization,
  124  new procedures are provided to the patient or a change in the
  125  patient’s condition occurs such that the prior authorized
  126  procedure would at that time have required disapproval pursuant
  127  to the terms and conditions for coverage under the patient’s
  128  plan in effect at the time the prior authorization was issued.
  129         5.The denial of the dental service claim was due to one of
  130  the following:
  131         a.Another payor is responsible for payment.
  132         b.The dentist has already been paid for the procedures
  133  identified in the claim.
  134         c.The claim was submitted fraudulently, or the prior
  135  authorization was based in whole or material part on erroneous
  136  information provided to the prepaid limited health service
  137  organization by the dentist, patient, or other person not
  138  related to the organization.
  139         d.The person receiving the procedure was not eligible to
  140  receive the procedure on the date of service.
  141         e.The services were provided during the grace period
  142  established under s. 627.608 or applicable federal regulations,
  143  and the dental insurer notified the provider that the patient
  144  was in the grace period when the provider requested eligibility
  145  or enrollment verification from the dental insurer, if such
  146  request was made.
  147         (b)This subsection applies to all contracts delivered,
  148  issued, or renewed on or after January 1, 2025.
  149         (c)The office has all rights and powers to enforce this
  150  subsection as provided by s. 624.307.
  151         (d)The commission may adopt rules to implement this
  152  subsection.
  153         Section 4. Subsections (13) and (14) are added to section
  154  641.315, Florida Statutes, to read:
  155         641.315 Provider contracts.—
  156         (13)(a)A contract between a health maintenance
  157  organization and a dentist licensed under chapter 466 for the
  158  provision of services to a subscriber of the health maintenance
  159  organization may not specify credit card payment as the only
  160  acceptable method for payments from the health maintenance
  161  organization to the dentist.
  162         (b)When a health maintenance organization employs the
  163  method of claims payment to a dentist through electronic funds
  164  transfer, including, but not limited to, virtual credit card
  165  payment, the health maintenance organization shall notify the
  166  dentist as provided in this paragraph and obtain the dentist’s
  167  consent in writing before employing the electronic funds
  168  transfer. The dentist’s written consent described in this
  169  paragraph applies to the dentist’s entire practice. For purposes
  170  of this paragraph, the dentist’s written consent, which may be
  171  given through e-mail, must bear the signature of the dentist.
  172  Such signature includes an electronic or digital signature if
  173  the form of signature is recognized as a valid signature under
  174  applicable federal law or state contract law or an act that
  175  demonstrates express consent, including, but not limited to,
  176  checking a box indicating consent. The health maintenance
  177  organization or dentist may not require a dentist’s consent as
  178  described in this paragraph be made on a patient-by-patient
  179  basis. The notification provided by the health maintenance
  180  organization to the dentist must include all of the following:
  181         1.The fees, if any, that are associated with the
  182  electronic funds transfer.
  183         2.The available methods of payment of claims by the health
  184  maintenance organization, with clear instructions to the dentist
  185  on how to select an alternative payment method.
  186         (c)A health maintenance organization that pays a claim to
  187  a dentist through Automated Clearing House transfer may not
  188  charge a fee solely to transmit the payment to the dentist
  189  unless the dentist has consented to the fee.
  190         (d)This subsection applies to contracts delivered, issued,
  191  or renewed on or after January 1, 2025.
  192         (e)The office has all rights and powers to enforce this
  193  subsection as provided by s. 624.307.
  194         (f)The commission may adopt rules to implement this
  195  subsection.
  196         (14)(a)A health maintenance organization may not deny any
  197  claim subsequently submitted by a dentist licensed under chapter
  198  466 for procedures specifically included in a prior
  199  authorization unless at least one of the following circumstances
  200  applies for each procedure denied:
  201         1.Benefit limitations, such as annual maximums and
  202  frequency limitations not applicable at the time of the prior
  203  authorization, are reached subsequent to issuance of the prior
  204  authorization.
  205         2.The documentation provided by the person submitting the
  206  claim fails to support the claim as originally authorized.
  207         3.Subsequent to the issuance of the prior authorization,
  208  new procedures are provided to the patient or a change in the
  209  condition of the patient occurs such that the prior authorized
  210  procedure would no longer be considered medically necessary,
  211  based on the prevailing standard of care.
  212         4.Subsequent to the issuance of the prior authorization,
  213  new procedures are provided to the patient or a change in the
  214  patient’s condition occurs such that the prior authorized
  215  procedure would at that time have required disapproval pursuant
  216  to the terms and conditions for coverage under the patient’s
  217  plan in effect at the time the prior authorization was issued.
  218         5.The denial of the claim was due to one of the following:
  219         a.Another payor is responsible for payment.
  220         b.The dentist has already been paid for the procedures
  221  identified in the claim.
  222         c.The claim was submitted fraudulently, or the prior
  223  authorization was based in whole or material part on erroneous
  224  information provided to the health maintenance organization by
  225  the dentist, patient, or other person not related to the
  226  organization.
  227         d.The person receiving the procedure was not eligible to
  228  receive the procedure on the date of service.
  229         e.The services were provided during the grace period
  230  established under s. 627.608 or applicable federal regulations,
  231  and the dental insurer notified the provider that the patient
  232  was in the grace period when the provider requested eligibility
  233  or enrollment verification from the dental insurer, if such
  234  request was made.
  235         (b)This subsection applies to all contracts delivered,
  236  issued, or renewed on or after January 1, 2025.
  237  
  238  ================= T I T L E  A M E N D M E N T ================
  239  And the title is amended as follows:
  240         Delete lines 18 - 79
  241  and insert:
  242         consented to such fee; providing applicability;
  243         authorizing the Office of Insurance Regulation of the
  244         Financial Services Commission to enforce certain
  245         provisions; authorizing the commission to adopt rules;
  246         prohibiting a health insurer from denying claims for
  247         procedures included in a prior authorization;
  248         providing exceptions; providing applicability;
  249         authorizing the office to enforce certain provisions;
  250         authorizing the commission to adopt rules; amending s.
  251         636.032, F.S.; prohibiting a contract between a
  252         prepaid limited health service organization and a
  253         dentist from containing certain restrictions on
  254         payment methods; requiring the prepaid limited health
  255         service organization to make certain notifications and
  256         obtain a dentist’s consent before paying a claim to
  257         the dentist through electronic funds transfer;
  258         providing that a dentist’s consent applies to the
  259         dentist’s entire practice; requiring the dentist’s
  260         consent to bear the signature of the dentist;
  261         specifying the form of such signature; prohibiting the
  262         limited health service organization and dentist from
  263         requiring consent on a patient-by-patient basis;
  264         specifying the requirements of a certain notification;
  265         prohibiting a prepaid limited health service
  266         organization from charging a fee to transmit a payment
  267         to a dentist through ACH transfer unless the dentist
  268         has consented to such fee; providing applicability;
  269         authorizing the office to enforce certain provisions;
  270         authorizing the commission to adopt rules; amending s.
  271         636.035, F.S.; prohibiting a prepaid limited health
  272         service organization from denying claims for
  273         procedures included in a prior authorization;
  274         providing exceptions; providing applicability;
  275         authorizing the office to enforce certain provisions;
  276         authorizing the commission to adopt rules; amending s.
  277         641.315, F.S.; prohibiting a contract between a health
  278         maintenance organization and a dentist from containing
  279         certain restrictions on payment methods; requiring the
  280         health maintenance organization to make certain
  281         notifications and obtain a dentist’s consent before
  282         paying a claim to the dentist through electronic funds
  283         transfer; providing that the dentist’s consent applies
  284         to the dentist’s entire practice; requiring the
  285         dentist’s consent to bear the signature of the
  286         dentist; specifying the form of such signature;
  287         prohibiting the health maintenance organization and
  288         dentist from requiring consent on a patient-by-patient
  289         basis; specifying the requirements of a certain
  290         notification; prohibiting a health maintenance
  291         organization from charging a fee to transmit a payment
  292         to a dentist through ACH transfer unless the dentist
  293         has consented to such fee; providing applicability;
  294         authorizing the office to enforce certain provisions;
  295         authorizing the commission to adopt rules; prohibiting
  296         a health maintenance organization from denying claims
  297         for procedures included in a prior authorization;
  298         providing exceptions; providing applicability;
  299         authorizing the