Senate Bill 1508c1

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    Florida Senate - 2000                           CS for SB 1508

    By the Committee on Banking and Insurance; and Senator
    Brown-Waite




    311-1933-00

  1                      A bill to be entitled

  2         An act relating to health maintenance

  3         organizations; amending s. 641.315, F.S.;

  4         revising provisions relating to provider

  5         billing; amending s. 641.3155, F.S.; defining

  6         the term "clean claim"; providing timeframes

  7         for interest payment on late and overdue claim

  8         payments; providing a schedule for electronic

  9         billing; mandating acknowledgment of receipts

10         for electronically submitted claims; specifying

11         timeframes for duplicate billing; creating s.

12         641.3156, F.S.; providing for treatment

13         authorization and payment of claims; amending

14         s. 641.495, F.S.; revising provisions relating

15         to treatment authorization capabilities;

16         creating s. 408.7057, F.S.; providing for the

17         establishment of a statewide provider and

18         managed-care-organization claim-dispute

19         mediation panel; granting rulemaking authority

20         to the Agency for Health Care Administration;

21         providing an effective date.

22

23  Be It Enacted by the Legislature of the State of Florida:

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25         Section 1.  Section 641.315, Florida Statutes, is

26  amended to read:

27         641.315  Provider billing contracts.--

28         (1)  If Whenever a contract exists between a health

29  maintenance organization and a provider and the organization

30  fails to meet its obligations to pay fees for services already

31  rendered to a subscriber, the health maintenance organization

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    Florida Senate - 2000                           CS for SB 1508
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  1  is shall be liable for such fee or fees rather than the

  2  subscriber; and the contract must shall so state.

  3         (2)  A No subscriber of an HMO is not shall be liable

  4  to any provider of health care services for any services

  5  covered by the HMO.

  6         (3)  A No provider of services, whether contracted or

  7  noncontracted, or any representative of such provider may not

  8  shall collect or attempt to collect from an HMO subscriber any

  9  money for services covered by an HMO, and a no provider or

10  representative of the such provider may not maintain any

11  action at law against a subscriber of an HMO to collect money

12  owed to the such provider by an HMO. The provider may not bill

13  the subscriber during any ongoing dispute-resolution process.

14  The responsibility for claims payment to providers rests with

15  the HMO/MCO and not with any party to which the HMO/MCO has

16  delegated the functions of claims or management claims

17  processing, or both. A provider of services or a

18  representative of the provider may not report a subscriber to

19  a credit agency for unpaid claims due from an HMO/MCO for

20  covered HMO services. A violation of this subsection by an

21  individual physician or a physician practice must be referred

22  to the agency for investigation and to the Board of Medicine

23  for final disciplinary action as part of the current Medical

24  Quality Assurance Program. A violation by a facility must be

25  referred to the agency. A violation of this subsection by an

26  institutional provider must be referred to the agency for

27  investigation as part of the agency's current Consumer

28  Assistance Program.

29         (4)  Each Every contract between an HMO and a provider

30  of health care services must shall be in writing and shall

31  contain a provision that the subscriber is shall not be liable

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    Florida Senate - 2000                           CS for SB 1508
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  1  to the provider for any services covered by the subscriber's

  2  contract with the HMO.

  3         (5)  The provisions of This section does shall not be

  4  construed to apply to the amount of any deductible or

  5  copayment which is not covered by the contract of the HMO.

  6         (6)(a)  For all provider contracts executed after

  7  October 1, 1991, and within 180 days after October 1, 1991,

  8  for contracts in existence as of October 1, 1991:

  9         1.  The contracts must require provide that the

10  provider to give shall provide 60 days' advance written notice

11  to the health maintenance organization and the department

12  before canceling the contract with the health maintenance

13  organization for any reason; and

14         2.  The contract must also provide that nonpayment for

15  goods or services rendered by the provider to the health

16  maintenance organization is shall not be a valid reason for

17  avoiding the 60-day advance notice of cancellation.

18         (b)  For all provider contracts executed after October

19  1, 1996, and within 180 days after October 1, 1996, for

20  contracts in existence as of October 1, 1996, the contracts

21  must provide that the health maintenance organization will

22  provide 60 days' advance written notice to the provider and

23  the department before canceling, without cause, the contract

24  with the provider, except in a case in which a patient's

25  health is subject to imminent danger or a physician's ability

26  to practice medicine is effectively impaired by an action by

27  the Board of Medicine or other governmental agency.

28         (7)  Upon receipt by the health maintenance

29  organization of a 60-day cancellation notice, the health

30  maintenance organization may, if requested by the provider,

31  terminate the contract in less than 60 days if the health

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    Florida Senate - 2000                           CS for SB 1508
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  1  maintenance organization is not financially impaired or

  2  insolvent.

  3         (8)  A contract between a health maintenance

  4  organization and a provider of health care services may shall

  5  not restrict contain any provision restricting the provider's

  6  ability to communicate information to the provider's patient

  7  regarding medical care or treatment options for the patient

  8  when the provider deems knowledge of such information by the

  9  patient to be in the best interest of the health of the

10  patient.

11         (9)  A contract between a health maintenance

12  organization and a provider of health care services may not

13  contain any provision that in any way prohibits or restricts:

14         (a)  The health care provider from entering into a

15  commercial contract with any other health maintenance

16  organization; or

17         (b)  The health maintenance organization from entering

18  into a commercial contract with any other health care

19  provider.

20         (10)  A health maintenance organization or health care

21  provider may not terminate a contract with a health care

22  provider or health maintenance organization unless the party

23  terminating the contract provides the terminated party with a

24  written reason for the contract termination, which may include

25  termination for business reasons of the terminating party. The

26  reason provided in the notice required by in this section or

27  any other information relating to the reason for termination

28  does not create any new administrative or civil action and may

29  not be used as substantive evidence in any such action, but

30  may be used for impeachment purposes. As used in this

31  subsection, the term "health care provider" means a physician

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    Florida Senate - 2000                           CS for SB 1508
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  1  licensed under chapter 458, chapter 459, chapter 460, or

  2  chapter 461, or a dentist licensed under chapter 466.

  3         Section 2.  Section 641.3155, Florida Statutes, is

  4  amended to read:

  5         641.3155  Provider contracts; payment of claims.--

  6         (1)  As used in this section, the term "clean claim"

  7  means a completed claim submitted by institutional providers

  8  on a UB-92 claim form or other providers on a HCFA 1500 claim

  9  form for medical care or health care services under a health

10  care plan. The department may adopt rules revising and

11  updating the definition of clean claim, to be consistent with

12  federal claim filing standards for health care plans as

13  required by the Health Care Financing Administration.

14         (2)(1)(a)  A health maintenance organization shall pay

15  any clean claim or any portion of a clean claim made by a

16  contract provider for services or goods provided under a

17  contract with the health maintenance organization which the

18  organization does not contest or deny within 35 days after

19  receipt of the claim by the health maintenance organization

20  which is mailed or electronically transferred by the provider.

21         (b)  A health maintenance organization that denies or

22  contests a provider's claim or any portion of a claim shall

23  notify the contract provider, in writing, within 35 days after

24  receipt of the claim by the health maintenance organization

25  receives the claim that the claim is contested or denied. The

26  notice that the claim is denied or contested must identify the

27  contested portion of the claim and the specific reason for

28  contesting or denying the claim, and must may include a

29  request for additional information. If the provider submits

30  health maintenance organization requests additional

31  information, the provider must shall, within 35 days after

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    Florida Senate - 2000                           CS for SB 1508
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  1  receipt of the such request, mail or electronically transfer

  2  the information to the health maintenance organization. The

  3  health maintenance organization shall pay or deny the claim or

  4  portion of the claim within 45 days after receipt of the

  5  information.

  6         (3)(2)  Payment of a claim is considered made on the

  7  date the payment was received or electronically transferred or

  8  otherwise delivered. An overdue payment of a claim bears

  9  simple interest at the rate of 10 percent per year. Interest

10  on an overdue payment for a clean claim or for any uncontested

11  portion of a clean claim begins to accrue on the 36th day

12  after the claim has been received. The interest is payable

13  with the payment of the claim. Interest on overpayments made

14  to providers begins to accrue on the 36th day after the

15  provider receives notice of overpayment. Upon the 36th day,

16  plans must be allowed to offset any interest payment due

17  against future claims.

18         (4)(3)  A health maintenance organization shall pay or

19  deny any claim no later than 120 days after receiving the

20  claim.

21         (5)(4)  Any retroactive reductions of payments or

22  demands for refund of previous overpayments which are due to

23  retroactive review-of-coverage decisions or payment levels

24  must be reconciled to specific claims unless the parties agree

25  to other reconciliation methods and terms. Any retroactive

26  demands by providers for payment due to underpayments or

27  nonpayments for covered services must be reconciled to

28  specific claims unless the parties agree to other

29  reconciliation methods and terms. The look-back period may be

30  specified by the terms of the contract.

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    Florida Senate - 2000                           CS for SB 1508
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  1         (6)  Providers must implement electronic billing in

  2  accordance with the implementation schedule established by the

  3  federal Health Insurance Portability and Accountability Act.

  4  The department may grant special consideration and variance to

  5  the implementation schedule to rural hospitals and physician's

  6  practices.

  7         (7)  Providers who bill electronically are entitled to

  8  electronic acknowledgement of receipts of claims within 48

  9  hours. Providers must wait 45 days before submitting duplicate

10  bills if confirmation of receipt was received from the plan.

11         (8)  The time limit for recouping or collecting

12  outstanding claims may not exceed 1 year for either a

13  contracted or a noncontracted provider.

14         Section 3.  Section 641.3156, Florida Statutes, is

15  created to read:

16         641.3156  Treatment authorization; payment of claims.--

17         (1)  A health maintenance organization must pay any

18  hospital-service or referral-service claim for treatment that

19  was authorized by a physician empowered by the HMO/MCO to

20  authorize or direct the patient's utilization of health care

21  services and that was also authorized in accordance with the

22  HMO/MCO's current and communicated procedures.

23         (2)  A claim for treatment that was authorized in

24  accordance with this section may not be denied retroactively

25  by the HMO/MCO unless:

26         (a)  The service is not covered;

27         (b)  The subscriber was ineligible at the time the

28  services were rendered; or

29         (c)  The physician provided information to the health

30  maintenance organization with the willful intention to

31  misinform the health maintenance organization.

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    Florida Senate - 2000                           CS for SB 1508
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  1         Section 4.  Subsection (4) of section 641.495, Florida

  2  Statutes, is amended to read:

  3         641.495  Requirements for issuance and maintenance of

  4  certificate.--

  5         (4)  The organization shall ensure that the health care

  6  services it provides to subscribers, including physician

  7  services as required by s. 641.19(13)(d) and (e), are

  8  accessible to the subscribers, with reasonable promptness,

  9  with respect to geographic location, hours of operation,

10  provision of after-hours service, and staffing patterns within

11  generally accepted industry norms for meeting the projected

12  subscriber needs. The health maintenance organization must

13  have the capability to provide treatment authorization 24

14  hours a day, 7 days a week. Requests for treatment

15  authorization may not be held pending unless the requesting

16  provider contractually agrees to take a pending or tracking

17  number.

18         Section 5.  Section 408.7057, Florida Statutes, is

19  created to read:

20         408.7057  Statewide provider and managed care

21  organization claim dispute mediation panel.--

22         (1)  As used in this section, the term:

23         (a)  "Managed care entity" means a health maintenance

24  organization or a prepaid health clinic certified under

25  chapter 641, a prepaid health plan authorized under s.

26  409.912, or an exclusive provider organization certified under

27  s. 627.6472.

28         (b)  "Resolution organization" means a qualified

29  independent third-party claims dispute resolution entity

30  selected by and contracted with the Agency for Health Care

31  Administration.

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    Florida Senate - 2000                           CS for SB 1508
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  1         (2)(a)  The Agency for Health Care Administration shall

  2  establish a program to provide assistance to contracting and

  3  noncontracting providers and managed care organizations for

  4  those claim disputes that are in violation of s. 641.3155 and

  5  are not resolved by the provider and the managed care entity.

  6  The program must include the agency contracting with a

  7  resolution organization to timely review and consider claims

  8  disputes submitted by providers and managed care organizations

  9  and to recommend to the agency an appropriate resolution of

10  those disputes.

11         (b)  The resolution organization shall review claim

12  disputes filed by participating and nonparticipating providers

13  and managed care organizations unless the disputed claim:

14         1.  Is related to interest payment;

15         2.  Is for an amount of $5,000 or less for a claim

16  against an institution or $1,000 or less for a claim against

17  an individual physician;

18         3.  Is part of an internal grievance in a Medicare

19  managed care entity or a reconsideration appeal through the

20  Medicare appeals process;

21         4.  Is related to a health plan that is not regulated

22  by the state, such as an administrative services organization,

23  a third-party administrator, or a federal employee health

24  benefit program;

25         5.  Is part of a Medicaid fair hearing pursued under 42

26  C.F.R. ss. 431.220 et seq.;

27         6.  Is the basis for an action pending in state or

28  federal court; or

29         7.  Is subject to a binding claims dispute resolution

30  process provided by contract between the provider and the

31  managed care organization.

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    Florida Senate - 2000                           CS for SB 1508
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  1         (3)  The agency shall adopt rules to establish a

  2  process for the consideration by the resolution organization

  3  of claims disputes submitted by either a provider or managed

  4  care entity which shall include the issuance by the resolution

  5  organization of a written recommendation, supported by

  6  findings of fact, to the agency within 60 days after receipt

  7  of the claims dispute submission.

  8         (4)  Within 30 days after receipt of the recommendation

  9  of the resolution organization the agency shall issue a final

10  order subject to the provisions of chapter 120.

11         (5)  The entity that does not prevail in the agency's

12  order must pay a review cost to the review organization as

13  determined by agency rule which shall include an apportionment

14  of the review fee in those cases where both parties may

15  prevail in part. The failure of the nonprevailing party to pay

16  the ordered review cost within 35 days of the agency's order

17  will subject the nonpaying party to a penalty of no more than

18  $500 per day until the penalty is paid.

19         Section 6.  The Agency for Health Care Administration

20  may adopt rules necessary to administer this act.

21         Section 7.  This act shall take effect October 1, 2000,

22  and shall apply to all requests for claim-dispute resolution

23  which are submitted by a provider or managed care entity 60

24  days after the effective date of the contract between the

25  resolution organization and the agency.

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    Florida Senate - 2000                           CS for SB 1508
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1508

  3

  4  Specifies that the balanced billing prohibitions of s.
    641.315, F.S., apply to either a contracted or non-contracted
  5  provider who provides covered services to an HMO subscriber.

  6  Deletes the state agency panel that the bill requires the
    Agency for Health Care Administration to establish to help
  7  resolve claims disputes between providers and managed care
    entities and, instead, requires the agency to contract with
  8  independent resolution organizations to recommend to the
    agency an appropriate resolution of those disputes, subject to
  9  a final order by the agency pursuant to chapter 120. This
    process would not apply to a claim that is subject to a
10  binding claims dispute resolution process provided by the
    managed care entity's provider contract.
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    Revises the definition of "clean claim" to refer to specific
12  forms and authorizes the Department of Insurance to adopt
    rules revising and updating the definition of clean claim to
13  be consistent with federal clean claim standards approved by
    the Health Care Financing Administration.
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    Changes the cross-reference from the "National Uniform Billing
15  Committee" to the "federal Health Insurance Portability and
    Accountability Act" that establishes the schedule for
16  providers to implement electronic billing.

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